The legal aid service under the foundation — also known as the Yayasan Bantuan Guaman Kebangsaan (YBGK) in Malay — is available from today for a small fee to those who earn below RM25,000 a year.
In his speech today, Najib said he was stunned to learn that 80 per cent of those accused of crimes have been unrepresented in court because they could not afford a lawyer.
“Justice is a condition precedent to a developed and successful nation and its citizenry,” he said.
“The set up of YBGK does not mean the government wants to defend ‘criminals’,” he said.
Instead, it was to safeguard the rights of the individual to equal treatment under the law and access to a fair trial, as provided by the Federal Constitution, the PM added.
“When a person is arrested for a criminal offence, it becomes the responsibility of the police and other enforcement agencies to contact the YBGK’s legal panel, unless the person arrested wants to hire his own lawyer,” Najib said.
He said a memorandum of understanding had been signed today to ensure commitment from all government agencies.
He pointed out that the foundation was to complete the two existing legal schemes, namely the Legal Aid Department (LAD) governed by the Legal Aid Act 1971 and administered by the Prime Minister's Department, and the Bar Council’s Legal Aid Centre (LAC), which opened its door in 1983.
Unlike the LAD and LAC, which also handle civil cases, the foundation’s services are limited to criminal and syariah cases.
It also does not cover crimes that carry the death penalty. For such crimes, the High Court automatically assigns a lawyer for the accused person.
The foundation was registered as a charitable company on January 25 this year and is helmed by Attorney-General Tan Sri Abdul Gani Patail.
The deputy chairman is Bar Council chief Ragunath Kesavan.
Abdul Gani called on lawyers, especially those who are starting up new practices in the rural areas, to sign on with the foundation and help it become more effective.
He said the foundation did not want to incur extra cost and dispatch a lawyer to be on standby at every police station.
Instead, headquarters would send out a lawyer from its appointed legal centres when it receives a request from the enforcement bodies.
He added that he is starting a massive public awareness campaign, which includes putting up posters at police stations so those arrested will be aware of their rights and can call up the foundation if the officers do not.
