Tales

From English to Malay

My command of English has always been far superior to my mastery of Malay. Perhaps to my detriment. Despite my tuition, I scored a P7 for my Bahasa Malaysia (Malay language; ‘BM’ or Malay) for my SPM (Sijil Pelajaran Malaysia; the domestic O-level equivalent) exams, which I took in Form Five secondary school when I was 16 years old. P means pass. 7 was the upper end of the P grade. Below that was P8. …

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My Criminal Practice

Even though I have conducted criminal cases for my entire career in practice, twenty-plus years now, doing everything from minor crimes of theft to attempted murder in the subordinate courts up to the High Court for drug trafficking, kidnapping and murder, and conducting criminal appeals and applications in the Court of Appeal and Federal Court, I am not known as a criminal litigator. Some are surprised to know I conduct criminal cases at all. I …

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When our reputation needs no defence

It was a High Court court-assigned counsel case. My client and another were charged with the murder of a man. Although according to the prosecution’s case, the other guy shot and killed the man, my client was also charged with the same offence of murder. He was charged with having a common intention for the man to be murdered. That meant, even though he did not pull the trigger himself he can be charged with …

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A father in law

Having a father in legal practice can make moments more awkward than if I had no legal lineage whatsoever. My father was known in the legal fraternity amongst those of his vintage. He was reputed to be brilliant, independent-minded and articulate. His friends and acquaintances reminded me often enough. Growing up, whenever I was introduced to them, they would tell me, Your father is such a brilliant/intelligent/honest man. He [tells me his story]. I am …

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Analysis of Pleadings

As a litigator in Malaysia, if there is one trait we must possess, it is adaptability. Besides the constant sea changes to court processes, case management and court demands, and usual deadlines, we must also contend with the occasional unique legal innovation imposed on us which finds no source in tradition, custom or practice, or the Rules of Court 2012 (the procedural rules for matters in the civil court). One legal innovation that was the …

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