Gerakan has proposed that the government set up a special fund to protect the poor who are facing legal matters in view of the impending rise in legal fees in the country.

Gerakan deputy president Dato Chang Ko Youn said the fund could be used either to subsidise or pay the full amount of legal fees incurred by the poor to seek justice and fairness.

Chang, who is also the party’s head of human rights and law bureau, said affordable and accessible legal representation and advice is a fundamental human right and it is the responsibility of everyone, from the government, legal profession, civil society to NGOs and the corporate sector, to help out.

“The government should also improve access, financially and physically, to legal aid for those who could not afford the high fees and availability in the rural areas,” he said in a statement.

Chang also urged the Bar Council and the government to hasten the establishment and publicity of the Legal Aid Foundation to help the needy.

It was reported earlier that the foundation, a government-linked company (GLC), would be set up by 2010.

The foundation, proposed by the Bar Council, will have representatives from the government and the Bar Council, and will help the needy who have been charged or having the need to legal representation in court. Its service must extend to all corners of the country.

Prime Minister Datuk Seri Najib Tun Razak had said the government was prepared to provide RM5 million as financial aid to the foundation after Bar Council president Ragunath Kesavan said many poor people could not afford to defend themselves in court and the Legal Aid Bureau (under the aegis of the Bar Council) was having financial difficulty in representing all the aid applicants.

Chang said fees for lawyers and litigation had become expensive and this might deny the poor to seek legal redress for justice.

The Bar Council had said recently that lawyers’ fees for court cases were expected to increase by between 300% and 400% this year.

The council said that cases that normally cost around RM2,000 might increase to RM8,000 or RM10,000. This is beyond the financial capability of the men in the street.

Council president Ragunath Kesavan said the increase could be attributed to an increase in responsibilities and speedy disposal of cases as cases could no longer be postponed easily under the new directives of the judiciary which efficiency is commendable.