LAWYERS UPHOLD JUSTICE AS A PUBLIC TRUST, NOT JUSTIFY WRONGDOING

KUALA LUMPUR, March 26 (Bernama) -- Few moments are as harrowing as standing in the dock to answer criminal charges, an ordeal that can alter the course of an accused person’s life.

Being brought before the court, however, does not mark the end of one’s life. It is precisely at this juncture that the role of legal counsel becomes critical, to ensure that the accused is properly defended and, where appropriate, acquitted of the charges brought against them.

In law, every accused person is entitled to mount a full defence. Lawyers act under a professional duty to safeguard their clients’ rights, ensuring that the accused is protected from any injustice or miscarriage of justice, not to condone or advance any wrongdoing.

Lawyer Mohamad Haziq Mohamad Asman said that every individual has the right to legal representation, even when facing criminal charges, as this right forms part of the fundamental principles of natural justice.

“Within the legal system, a cardinal principle is that a person is presumed innocent until proven guilty. Lawyers, therefore, play a vital role in ensuring that the prosecution discharges its burden of proof and establishes its case beyond a reasonable doubt,” he said when contacted.

Mohamad Haziq added that even when being aware of a client’s guilt, the lawyer remains bound by professional and ethical obligations to ensure that the trial is conducted fairly and in accordance with due process.

“Counsel’s role is to safeguard the rights of the accused throughout the proceedings. A lawyer does not defend the wrongdoing itself, but ensures that the evidentiary process is carried out fairly and in strict compliance with the law.

“In doing so, counsel is entitled to challenge the prosecution’s evidence, scrutinise its admissibility and reliability, and ensure that such evidence has been obtained in accordance with established legal procedures,” he said.

Meanwhile, lawyer Nursyafiqah Mohd Desa said the role of lawyers within the justice system extends far beyond the common public perception of merely ‘defending the guilty’.

“A lawyer stands as a vital safeguard between the individual and the full force of the law, ensuring that justice is neither rushed nor improperly administered. Counsel assists the court in understanding the facts, testing the evidence, and ensuring that all legal processes are properly observed.

“In essence, a lawyer’s duty extends beyond defending an individual; it is to uphold the fundamental principle that justice must be administered through a process that is both fair and transparent,” she said.

Nursyafiqah emphasised that while lawyers represent their clients’ interests, they are not at liberty to use any means necessary to secure a favourable outcome, as the profession is governed by strict ethical standards.

“Among the key frameworks is the Legal Profession (Practice & Etiquette) Rules 1978, which require lawyers to uphold honesty, integrity and accountability in every aspect of their practice,” she said.

She stressed that lawyers must not engage in deceit, adduce false evidence, or abuse the legal process under any circumstances.

“Their duty is not confined to the client alone, but extends to the administration of justice itself. Any breach of this duty not only destroys the lawyer’s professional standing, but also risks eroding public confidence in the justice system,” she said.

Meanwhile, lawyer Syasya Sahira Mat Zainal highlighted that Article 5(3) of the Federal Constitution guarantees every person accused of an offence the right to consult and be defended by a legal practitioner of their choice.

“The legal profession is, in essence, a public trust. Lawyers play a critical role in upholding justice, an obligation grounded not only in legal principles, but also in moral and humanitarian considerations, particularly as not all individuals possess the knowledge or understanding of legal procedures and the law,” she explained. 

-- BERNAMA