GEORGE TOWN: The decision by Jelutong MP R. S. N. Rayer (pix) to defend a man accused of selling myKads to Chinese nationals has been turned into a moral issue.
Former law professor Shamsher Singh Thind pointed out that there was nothing legally wrong in Rayer’s decision to defend the man.
On the other hand, he is defending a man who is accused of an offence against the same government that he now represents.
Rayer is a member of the DAP, which is a component party of the Pakatan Harapan government.
Shamher, who is now a social activist, said the MP’s decision would, at the very least, raise eyebrows in the legal fraternity.
This is not the first time that a sitting MP has been engaged as a defence lawyer in a criminal trial. Former DAP chairman Karpal Singh had appeared for a fair number of people accused of various offences, but he was in the opposition at that time.
“The question is whether or not it is right for a lawyer whose party is in government to represent someone accused of an offence against the same government,” Shamsher told theSun. “There is the risk of a conflict of interest in such a case.”
He pointed out that under the legal code of ethics, lawyers were required to be professionally independent when they acted in defence of a client.
A senior lawyer, who declined to be named, agreed that a law practitioner had the right to defend anyone he chose, but if he was also a lawmaker, it raised questions and could lead to speculation.
Penang Gerakan legal bureau head Baljit Singh said it boiled down to a question of moral.
“It is uncertain if this is morally correct, so it is up to Rayer how best to handle it,” he said.
Rayer could not be reached for comment.
