After my debut in the Court of Appeal and getting a few hearings at that level under my robe, my boss trusted me to conduct a hearing at the Federal Court, the most supreme court in Malaysia. It was a civil matter and involved an application for leave to appeal to the Federal Court, which … Continue reading My debut Federal Court appearance
Category: Legal Practice
Pro bono, Public Interest, Strategic Litigation
You may have encountered those words above at some point or other. Or if you haven't, well, you are going to learn something new today. This essay ruminates in unscholarly fashion what these words mean and how they relate to each other in the Malaysian context. The first word is litigation. That means a court … Continue reading Pro bono, Public Interest, Strategic Litigation
Cross-Examination, Interrupted
I was called in as counsel for a case because the previous counsel was having a torrid time in the industrial court. So strong was the pressure brought to bear to settle the claim it unsettled him and the client. His vigorous refusal did not meet well with industrial insistence. After a stormy final case … Continue reading Cross-Examination, Interrupted
“Answer yes or no only, understand?”
This is an instruction I come across more frequently in the last five years than the previous twenty. I come across it in court and in advocacy tutorials and training. The instruction to the opposing witness is usually as follows: "I will be asking you questions. Just answer yes or no (or agree or disagree) … Continue reading “Answer yes or no only, understand?”
Hasan Ali and Me | Part Five
Rahman had his Bangladeshi news network around the Mutiara Damansara area to keep on high alert for Hasan Ali and my motorcycle. Rahman agreed to help me secure the return of my motorcycle. I gave him a spare set of keys. The plan was to wait for Hasan Ali to show up then steal the … Continue reading Hasan Ali and Me | Part Five
Hasan Ali and Me | Part Four
If Hasan Ali and me were a three-act play; we were now at the point of confrontation. I waited for Rahman to calm down. "He has a sword?" "Yes. He showed it to us a few days ago when he demanded money from us." If true, the irony of this was not lost on me. … Continue reading Hasan Ali and Me | Part Four
Not Risking Death
I have acted for a slew of African accused that arrived on our shores. All of them were charged with drug trafficking pursuant to section 39B of the Dangerous Drugs Act 1952 ("DDA52"). It is an offence punishable with death. A sizeable number of my clients were caught at the airport entering Malaysia with luggage … Continue reading Not Risking Death
Hasan Ali and Me | Part Three
Just before I took Hasan Ali on, between the period of 2012 to 2016, I had the good fortune to meet and establish friendships or working relationships with a few excellent people that would prove satisfying, enduring, and inspiring. I hoped Hasan Ali would continue to be a part of that run of good fortune. … Continue reading Hasan Ali and Me | Part Three
Hasan Ali and Me | Part Two
Lude Hasan Ali was my friend's legal aid client. Hasan Ali was convicted after pleading guilty to an offence under section 6(1) of The Corrosive and Explosive Substances and Offensive Weapons Act 1958 in the Sessions Court in 2016. I reproduce that provision because it is relevant to this story. I also think it is … Continue reading Hasan Ali and Me | Part Two
Fee Undercutting
Recently the complaint of fee undercutting arose amidst the ongoing mutual recriminations between a section of the senior and junior members of the bar; a complaint that emanated from the senior lawyers are that junior members with newly set up their firms were responsible for the undercutting of fees. An understandable concern by the senior … Continue reading Fee Undercutting
