LawSoc repeats call for accused to have early access to lawyers

SINGAPORE — The Law Society yesterday (Jan 11) renewed its call for accused persons to have early access to their lawyers, with president Thio Shen Yi reiterating its stand that this would not preclude effective and fair investigations by the police.

The law here provides accused persons with the right to consult counsel within a “reasonable” time, and not the right of immediate access.

Mr Thio, a Senior Counsel, said the need for a lawyer is “amplified given that an accused can be convicted on the evidence of their confession alone, even if they subsequently recant”. “The trial should not take place in the police station,” said Mr Thio, who spoke at the Opening of Legal Year 2016 yesterday.

The issue of access to counsel has been raised by the Bar periodically, and LawSoc’s criminal practice committee recommends that a suspect be allowed to consult privately with a lawyer for up to one hour before statements are recorded by the police.

Mr Thio said there is a need to re-evaluate if it is fair or desirable for an accused to “be detained for days or even weeks without access to a lawyer”. The issue was raised in 2014 by lawyers of hacker James Raj Arokiasamy, but the Court of Appeal dismissed the application to clarify the issue of immediate access and what constitutes a reasonable time before access is granted. The apex court said the law is settled on this and that there were adequate safeguards to enable the court to ensure that a balance is struck, in any given case, between the interests of the arrested person and public interest in effective police investigations. James Raj was granted access to his lawyers on Dec 3, 2013, although he had been first brought before the court on Nov 5 that year.

On access to justice, Mr Thio said the LawSoc’s Criminal Legal Aid Scheme helped 1,300 “poor people” accused of crimes last year, an increase of more than 300 per cent from 2014. The five biggest law firms here will continue to support young lawyers employed by LawSoc to do pro bono cases, by underwriting the cost of hiring the lawyer or seconding their associates to the society. Some smaller firms have chipped in to support a sixth young lawyer for LawSoc.

Mr Thio estimated that between one-third to half of all lawyers are involved in some form of pro bono work.