Ragunath Kesavan said the scheme started in 2012 to help those in the B40 category to gain access to justice in remand hearings, bail application, criminal trial and appeals.

“Touts are having a field day because there is a loophole in the present system,” Ragunath said, adding that the Bar Council was instrumental in persuading then prime minister Najib Razak to start the scheme.

The senior lawyer said this in response to a newspaper report last week about how some unscrupulous law firms had resorted to using chambering students to solicit clients at magistrates’ courts.

It said the clandestine activities had evolved over the years as students were now doubling up as touts and taking over the work which was done by those who were not lawyers.

Ragunath said touts could also comprise policemen and court staff because the poor were ignorant about the court system and were desperate for help.

“They will grab the assistance provided for a fee because there is no effective system in place. Proliferation of touting will then increase,” he told FMT.

According to Ragunath, one could lodge police reports about the activities of these touts but it was considered a minor offence which carried a fine of up to RM100.

“As such, I urge the government to restructure the National Legal Aid Foundation scheme to allow the poor to have access to justice, which is their constitutional right,” he said.

He said the authorities should also raise awareness by educating the public on the scheme and ensuring sufficient annual allocation was set aside.

The legal aid scheme also acts as an excellent platform for young lawyers in criminal practice to acquire the experience and expertise to later graduate to handling serious criminal cases.

In 2017, FMT had reported that many lawyers registered with the scheme were shying away from representing the poor and needy as payments had not been prompt.

Ragunath said the scheme had received accolades as being one of the best in a developing country when it was started.

The scheme was launched in 2012 to provide legal aid to all Malaysians earning less than RM36,000 a year.

The Cabinet approved RM20 million in a show of support in the upholding of justice and to guarantee Malaysians’ equal rights under the law.

At the time, it was revealed that 80% of those charged in courts for criminal cases were unrepresented because they could not afford the legal fees.

The National Legal Aid Foundation is a joint enterprise between the government and the three Bars of Malaysia – the Malaysian Bar, Sabah Law Association and the Advocates’ Association of Sarawak.

Meanwhile, junior lawyer Asheeq Ali Sethi Alvi claimed touting was rampant in Selangor courts and urged the state Bar committee to conduct an inquiry.

“Lawyers can share their experience in encountering touts but the information obtained must be kept confidential,” said the lawyer, who has been in practice for two years.

He also said the poor would be marginalised if they have to borrow money or pawn their valuables to pay legal fees to lawyers through the touts.

Asheeq, however, said the work of the Kuala Lumpur Bar committee should be emulated by other state chapters as an information counter manned by chambering students was set up at the Jalan Duta Court complex.

“There are also banners within the court complex to raise awareness among those in need of legal aid,” he said.