
Bar president Ezri Abdul Wahab said Rafizi’s remarks raise issues about due process and balancing freedom of expression with the right to a fair trial.
“There is an existing stigma against lawyers, as exemplified by Rafizi’s comments,” Ezri said in a statement.
“Lawyers are seen as providing their services to the highest bidder, and will do everything within their means to get their clients off the hook.
“Such a perception of the nature of legal work amounts to a misunderstanding of what lawyers actually do.”
He was responding to Rafizi’s Facebook post leading up to the Sungai Bakap by-election, which noted that the defence lawyer for the Israeli is a former Perikatan Nasional candidate.
Shalom Avitan, 36, pleaded not guilty in April to possessing 158 bullets and trafficking six guns into Malaysia. He was arrested on March 27 at a hotel in Kuala Lumpur.
Ezri said the right to legal representation is a fundamental aspect of the right to a fair trial, ensuring that anyone compelled to appear in Malaysian courts has access to legal services.
“Other common law jurisdictions practise what is known as the ‘cab-rank’ rule, whereby lawyers cannot refuse to represent a client seeking their services, save in very limited circumstances,” he said.
“The fact that the accused in this situation is a foreigner should not deprive him of legal representation.”
He called on all parties to stop mischaracterising lawyers as “unethical” and to allow them to carry out their professional duties.
“Lawyers should be able to provide their services without fear or favour, and free of baseless prejudices,” he said.