NICOLE'S NOOK

Time really flies ! It was back in 26th of December, 2004 that a tsunami killed approximately 300,000 people. Then there was a political tsunami on the 8th of March, 2008. Some even called it the political earthquake as the whole political landscape was changed overnight.

On the 13th of May, 2008, the de facto law Minister, Datuk Zaid Ibrahim announced that the Certificate of Legal Pratice (CLP) will be abolished and be replaced with the Common Bar Course (CBC) and Common Bar Examination (CBE). Maybe it is time for a proper legal academy be set up to ensure that lawyers who are called to the Bar are of impeccable character and training. The legal academy should replace CLP (which is mere rote-learning) and should be applied across the board, i.e. even to local graduates. Our very own inns of court coupled with our own tradition of dining. Imagine our local fare of rendang; nasi lemak; roti canai; hainanese chicken rice etc.

I must raise a point about the senior-junior syndrome that is plaguing our practice albeit on a lesser scale in NS. All I can say is that it takes two hands to clap. In order to have camaraderie or chumminess, the junior lawyers should take the first step to introduce themselves to the seniors and not wait for the seniors to do so. I was guilty of that in my early days as some senior lawyers mistook my lack of initiative and shyness (more like thin-skinned) to be aloofness. I can't sell insurance or involve in direct marketing as I take rejection rather personally. However, there are a handful of senior lawyers who understood my then predicament or just that they were and still are plain right down-to-earth. These senior lawyers treated me like friends since day one and I can never forget that.

No article is complete without a discussion on politics. I have always believed that a leader is not born but made. History has shown that kings had to fight for their territories before they were being installed. They were not born as kings. They had to fight to win that right to rule. It is not a birth right but a brawn right. In these modern times, brains and not brawn is the order of the day. Every now and then our UMNO youth leaders would wave a “keris” or threatened the non-Malays not to question their birth right. The whole problem lies in the fact that our political parties are racial-based. The latest political tsunami is a testament to how disgruntled the ‘rakyat’ is feeling. The ‘rakyat’ has spoken – enough is enough. However, the loose political alliance of Pakatan Rakyat is tethering on the brink of destruction if there is no concrete political will to work together. The old adage rings true now, time will tell.

Related to delivery system is the State Legal Adviser’s department. As far as I know, the State Legal Adviser's department is under-staffed. How can one person be going for exco meetings; providing legal advice to all the state bodies; running the office; going to the courts etc, simultaneously ? It is very difficult to make an appointment to see the State Legal Adviser. Further, we cannot expect one person to be knowledgeable in all aspects of law. Gone were the days when the State Legal Adviser can go to courts personally as their responsibilities are much more now. More people, more business, more problems, more lawyers etc. I suggest that the Assistant State Legal Advisers be appointed to head different areas of laws for eg, conveyancing and litigation. Only then will our problems of delivery system be solved. Most of the time, when a land office or PTG or any government department or body is stuck with a question of law they direct it to the State Legal Adviser.

What is wrong with us? Why can’t we call Malaysia an Islamic state. They can call it any name so long as our rights are not trampled. I would foresee a bigger problem if fanatics and extremists run our country and yet call it a secular state. I have a real problem with those people who do not practise what they preach. These same politicians also reminded us to relax and that the keris-waving incident was merely another “sandiwara” stunt to fish for votes. Merely lip service. No action talk only. They want us to believe that they needed to do this in order to get all the votes. However, the question is how long can they sustain such childish act and mindless stunt? They think we are morons or what? We are definitely moronic if we allow this to persist. I agree that Malaysia is an unusual and complex country. It is not necessarily a bad thing. In fact, we should capitalise on this and make it our selling point. If only we can focus on substance rather than bigotry. If only we can agree to disagree. If only we can avoid pointing fingers at others. Meritocracy must be the order of the day. What I found disturbing is that after every fierce polemics and rhetorics, there is always a unity and peace speech. We do not have short memories and we cannot be subjected to such systematic harrassment and debasement followed by damage control and not feel hurt and humiliated. The damage has been done, no amount of coaxing and cajoling can fix them. Why can't we focus on unity and progress for our own sake?

Who does not keep track with the latest on Altantuya’s case? I mean, it is something like a Bollywood movie complete with private investigators, love affairs; C4 bombs; Unit Tindakan Khas with a licence to kill. For those who read Malaysia Today, they would be drawn into Raja Petra’s world of intrigue. I must give Raja Petra credit for being able to mix fiction with facts so well until all of us are utterly confused. Not unlike Dan Brown, I must say.

Remember how the Kinabatangan MP, Bung Mokhtar and Jasin “close one eye” MP, Mohd Said coupled by Mohamed Nazri “bodoh bodoh bodoh” Minister in the Prime Minister’s Department verbally attacked and demeaned DAP’s MP, Fong Po Kuan? Such emotive utterances by elected members of the Parliament are unbecoming and should not be condoned but yet it is a reality in Malaysia. They get away with this in Malaysia as there is no political will to stop them. There is no political will to ensure that there is integrity in Parliament. Their behaviour speaks volumes of how they regard the womenfolk; how they regard their own wives; daughters or mothers. The voice of apathy will always tell us to ignore their moronic behaviour. However, we must not ALLOW these things to happen in Parliament. We have to get rid of such people from Parliament. If we choose to ignore them, it will embolden them further.

In 2006, Article 8(2) of the Federal Constitution was amended to prohibit discrimination against anyone on the grounds of gender. Malaysia had acceded to the International Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) in 1995. A message to the powers that be: Please walk the talk ! What is the point of amending the Constitution and allow such discrimination, especially committed by a wakil rakyat? What is the point of acceding the CEDAW? The Kinabatangan MP and his cohorts must be given their come uppance lest we make a mockery of the law and ourselves. What is the party whip doing? The last time an MP took a different stand, the MP (from Negeri Sembilan) was suspended. The Kinabatangan MP committed a much more serious offence. He should be dropped from the next general election. The rakyat must not vote for such a crass person. The MPs involved (the perpetrator and those who supported him) must be made responsible for their shameful behaviour by the party. The party cannot condone such sexist behaviour especially so when our country has already ratified the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW). This is not a good precedent to set. Humankind, regardless of creed should unite and protest against all sexist behaviour.

With the current fiasco of our Chief Justice failing to get the Council of Rulers’ approval for the appointment of the Chief Judge of Malaya, I propose that a Commission for a Judicial Appointments be set up to study the flaws and complaints pertaining to the current procedure and to set out a better transparent procedure whereby judges are appointed by merits, together with a check and balance machinery. Thereafter, a Judicial Appointments Commission shall be set up based on the Commission's findings and report. Finally, some form of check and balance on the executive; judiciary and legislature. It would be better if the Rulers can order for a proper system for appointment of judges.

In parting, I would like to share a short anecdote. A senior lawyer once asked me whether it is an offence to drive on the wrong side of the road. Without giving it much thought, I answered in the affirmative. As usual, I received a sharp rebuke from him for not using my grey matters when it mattered (pun intended). Anyway, as lawyers we are always drawing lines and defining parameters. Therefore, we can never give a straight answer like yes or no. We always answer that it is very subjective or it depends on which angle you are looking at or it depends on your perspective. The irony is that we expect a straight answer from the witness on the stand.

So, the answer to the question is yes if you are not overtaking and no if you are overtaking. Hence, the moral of the story is first, not to be too quick to answer. Second, always play safe by giving a vague answer. Well, being a smart aleck, I replied that it is not fair because he already knew the answer.

I am indeed honoured to be given the privilege to share my thoughts with my fellow NS Bar members. I am also very proud to be part of the Editorial team comprising of such eminent and affable members of the Bar. On that note, I wish you Happy practising !

Nicole
5-6-2008

Note : For those who are interested in constitutional landmarks of our country, please be informed that there is a hardcover book titled “Constitutional Landmarks in Malaysia – The First 50 Years – 1957-2007”, edited by Andrew Harding and HP Lee, published by LexisNexis. Do get a copy (sold at RM89.00 per copy) from Mr VV of the NS Bar Room.