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 From farce to class
by Brendan Navin Siva, Kuala Lumpur
Who would have thought that a year that started off in a state of uncertainty
and division would end with the Malaysian Bar’s reputation as an establishment
upholding justice without fear or favour not only intact but significantly
enhanced in the minds of most of its members and in the eyes of the public ?
2007 did not start with a bang. It started in the shadow and aftermath of an
attempt to pass a no confidence motion against the Office Bearers of the Bar
Council at the time and two individuals, at an EGM specifically convened for
that purpose. Close to 2,500 members attended and the motion was soundly
defeated.
As though this was not enough, December 2006 also saw the surfacing of the
forged ballots issue.
By the time we heralded the new year of 2007, the Malaysian Bar was faced with
internal strife and questionable motives. We were attacking each other. Much
time and effort was sacrificed in addressing and dealing with this issue. Mr Foo
Ton Hin’s Originating Summons took this a step further and we dragged ourselves
to Court.
In the meantime, all those members who were working on real and substantial
issues with the authorities and pushing for change were met with snide comments
about putting our own house in order first before criticizing others.
Mr A. Kanesalingam then perfectly captured the mood and sentiments of most
members of the Bar. His motion at the Bar Council AGM in March 2007 - to ratify
the appointment of the new scrutineers and the declaration of the election
results - was carried overwhelmingly. Motions going the other way were soundly
defeated. Members of the Bar overwhelmingly voted to move forward.
It would be easy to remember 2007 as just being the year of the video clip. But
there were other highlights and lowlights.
DYTM Raja Nazrin Shah delivered an inspiring speech at the Young Malaysians’
Roundtable Discussion on National Unity and Development in Malaysia, jointly
organized by the Bar Council. Only to be topped by one from HRH Sultan Azlan
Shah at the 14th Malaysian Law Conference.
Nevertheless, 2007 was also the year of Subashini, Revathi, Raimah Bibi and Lina
Joy. After 50 years, Malaysia still struggles to resolve inter-religious issues
in a multi-religious society. Members of the Malaysian Bar continued tirelessly
in 2007 to advance their interests and to find a fair and just resolution to
their plight.
Judicial competence was also called into question with revelations of a high
number of unwritten judgments. Judicial reform in Malaysia is desperately needed
to address the delays and inefficiencies of the Court system. The Bar Council
must engage the Judiciary constructively to find ways to resolve the problems of
unwritten judgments and delays in the administration of justice. This must
surely be one of the objectives for 2008.
2007 also saw the growing popularity and efficiency of the Malaysian Bar
website, which has now become the first source of information and news for many
members of the Bar. As the world develops at such a rapid pace, it is comforting
to know that lawyers – traditionally regarded as being slow to respond to change
– have managed to put together a fast and responsive website. More, of course,
can be done and it may be time for the Bar Council to consider reallocating
resources from traditional hardcopy publications to further improve and increase
the utility of the website.
But at the end of the day, the video clip saga was undoubtedly the story of the
year and consumed a large part of the last 4 months of 2007. The reaction of
members of the Bar to the video clip was initially one of outrage and disgust.
But the key has been the response thereafter. It has been measured and
calculated. The Bar has remained united and committed in dealing with this
issue. Despite some typically unfounded and baseless rhetoric from some sections
of government, the handling of this issue has increased the credibility and
reputation of the Bar in the eyes of the public and civil society groups. It is
crucial that 2008 sees a full, comprehensive investigation of the entire episode
followed by real measures to address the injustices and crimes that may have
been committed.
Other public demonstrations and protests also took center stage in the last few
months of the year. Members of the Bar once again stood up for the participants
of these rallies who were arrested and defended their right to peacefully
assemble, further elevating the reputation of the Bar in the eyes of the public.
Lastly, 2007 was also a really, really sad year. We witnessed the passing of 3
well-respected and well-liked, sitting Judges – Dato’ Abdul Wahab bin Said
Ahmad, Datuk K.P. Gengadharan Nair and Tan Sri Abdul Malek Ahmad. And we also
mourned the passing of Abdul Razak Ahmad, Lim Kean Siew and Datuk S.P. Annamalai,
to name but a few.
To some, 2007 was just an extraordinarily eventful year. To others, it was
merely a glimpse of the responsibilities and challenges that the Malaysian Bar
must now face in 2008 and onwards.
We need to be more united in 2008
by Angeline Cheah, Penang
 It has been a year since I last wrote for this column, and it
was this very column which launched me into an incredible year at the Bar, with
many new experiences and open doors which I never would have expected had I not
written for this same column.
My year in 2007 started off with me being fresh and green and not knowing many
things about practice, albeit like a blind man stumbling in the dark. As a young
practitioner, my work was richly diverse, as I was blessed enough to have a boss
who chose to expose me to many different areas of work. Being a lawyer however,
is a process of learning. I realise that I learn new things everyday, each case
having its own issues and eccentricities.
Working with the NYLC, I had the opportunity of interviewing young lawyers from
across the country for the Bar website’s Young Personality column, but I must
say that it was indeed an honour and privilege to interview the late Encik Abdul
Razak Ahmad for the inaugural Tête-à-Tête column for the website. Although we
never met and only communicated through email and the telephone, I could feel
his passion for the law and his righteous indignation for the underdogs, hence
in him being named the “maverick lawyer”. I remember when I sent him an sms to
congratulate him on the interview, he replied in a similar manner stating that
it would be nice if we could someday meet. Sadly it was not to be, as not too
long after, Roger called me with the sad news that Encik Abdul Razak had passed
away. Nevertheless, it was a bittersweet memory to be able to collaborate with
him for this piece.
Another highlight of the year was the 14th Malaysian Law Conference which I
attended in October. I also had the opportunity to be a web-reporter for the
conference which was lots of fun, but plenty of hard work too! All of us
web-reporters often had to stay up late nights to be able to finish the day’s
reports which had to be emailed to the webmaster so that he could put it up on
the website the very same day. However, it was indeed an enriching experience,
not to mention that I made many new friends, senior lawyers and young lawyers
alike.
In my own state of Penang, I also had the opportunity to serve on the Penang Bar
Social Sub-Committee and our main event for the year was the Penang Bar Annual
Dinner and Dance. Again, I am grateful for the opportunity to serve as I got to
know other members of my own State Bar in a more personal way. We had a ton of
fun and we are definitely looking forward to activities planned for next year.
On a darker side, the Bar has had its share of ups and downs this year,
especially with the recent issues of freedom of assembly culminating in the
arrests of some of our own. Up in Penang, I couldn’t help but be concerned,
especially because two of those arrested were personal friends of mine. It is
sad, but it is the truth. Laws that are unjust should not be allowed to stand.
They did nothing wrong to warrant their arrest. In 2008, there needs to be a
revival that will change the mindsets of those in power, to make them realise
the power that they have is a privilege, and not a tool to be abused.
The Bar has been through a lot and survived in 2007, and in
2008 we need to be more united than ever, to make a difference in our country,
to stand up and be counted.
May God continue to bless the Bar
by Wong Fook Meng, Malacca
The year 2007 will go down in history as the year when the
Bar not only stood up for the rule of law but had taken the further step of
marching on in the road of justice. 26 September 2007 will be indelibly etched
in our hearts as a defining moment when the Bar came together, spoke with one
voice and called on the government of the day to do the right thing.
2006 is still fresh in our memories as a tumultuous year when the Bar was raged
with internal conflicts and a shameful scandal on the election process. It was a
time when lawyers turned their blazing guns at each other and fought over
numerous issues. But, this year, the Bar managed to put aside its own internal
factionalism and differences and rose to the occasion in forging a united stand
on fundamental issues of justice, independence and integrity of the judiciary,
the freedom of religion, the freedom of assembly and many other critical issues
affecting the Malaysian society.
As the Bar grapples with more societal issues, which are political in nature, or
has political ramifications, it is inevitable that the Bar enters into the arena
of mainstream political discussion and debate. The challenge for the Bar is to
consistently maintain its own independence and remain apolitical. Often times,
Bar leaders had to courageously take unpopular positions that go against the
views of the government. As such, it is not surprising that some quarters will
brand the Bar as an opposition party. But, a political party we are not. Our
stand had always been based on the rule of law and sound reasoning and not
political motivations.
It was heartening that the Prime Minister had been gracious in hosting a dinner
for the delegates of the 14th Malaysian Law Conference. It was a warm gesture on
his part to demonstrate his willingness to work together with the Bar in
fighting corruption and maintaining the rule of law. While the Bar may have
differences of opinion with the government on some issues, where possible, the
Bar must also work together with government agencies such as the Royal Malaysian
Police, tax departments, customs, ACA and others for the common good of the
society.
With all these exciting developments, it is good to note that the Bar had not
neglected the interests of its own members. For example, the Professional
Standards and Development Committee had organized a comprehensive range of legal
seminars and talks for members in an effort to raise the standards of the
profession. The National Young Lawyers Committee had been successful in sparking
fires among many younger members to contribute to the work of the Bar all across
the country. The 14th Malaysian Law Conference was a huge success with its wide
array of intellectual gourmet for the participants. And, the Malaysian Bar
website continues to be a world-class news portal and a treasure trove of
important information for members.
As 2007 draws to a close, I am grateful for the richness and satisfaction that
comes with being a member of the Bar.
May God continue to bless the Bar and make it a blessing to
society!
The Bar stood up for justice in 2007
by Lee Shih, Kuala Lumpur
"The ultimate measure of a man is not where he stands in
moments of comfort and convenience, but where he stands at times of challenge
and controversy." - Martin Luther King Jr
 At a time where the integrity of the judiciary was again in
crisis, where serious questions were raised as to whether judicial decisions and
the promotion of judges could be 'bought', I will remember 2007 for the Bar
standing steadfast in its pursuit of truth and justice.
With the muted response by the Government in the face of the
infamous video clip, the Bar carried out its Walk for Justice on 26 September
2007. While other walks have been organised by the Bar in the past, to me, the
sight of 2000 members of the Bar congregating on the steps of the Palace of
Justice and then walking in unison will always be imprinted in my mind.
It is incredible the change that can be effected through the simple act of the
Bar walking. Under the watchful eyes of the police and the personnel from the
Federal Reserve Unit, we walked, braved the heavy downpour and having submitted
our memorandum, we peacefully dispersed. However, the effects of this act were
significant.
When the Bar first announced the walk, the Government hastily announced the
setting up of an ad hoc independent panel to investigate the authenticity of the
video clip. Would the Government have done this if the Bar had not stood up? I
honestly don’t think so. But this panel was clearly not sufficient to
investigate the allegations in the video clip, as well as the wider perceived
problems plaguing the judiciary. So the Bar walked. This resulted in us being
rebuked, being labelled as ‘crazy’, having statements taken by the in police.
But we continued on.
The Bar organised the Walk for Justice Part 2, a session for lawyers and members
of the public to discuss their views. The Bar continued to issue statements that
a Royal Commission of Inquiry was necessary to fully investigate the matter. All
credit to the Government when it finally announced the setting up of this Royal
Commission. Again, I think the Bar had a large part to play in this eventual
decision. One must only remember the initial reaction by our Prime Minister, de
facto law minister, and Attorney General in dismissing the allegations contained
in the video clip when it was first released.
Therefore, what I will remember of 2007 was how all of us; the Bar as a whole
stood up for justice. In the face of criticism and pressure, we continued to
press on.
Branding Power
by Lai Chee Hoe, Kuala Lumpur
Achieving the full power of branding is a strategic task that requires time and
effort. By its very nature, branding is never complete in the volatile markets
of our rapidly changing and challenging society. An ultimate brand like
coca-cola, Starbucks, etc. will essentially share 2 common criteria which are
(a) to be able to carve out a niche in the marketplace and (b) to be able to
achieve brand differentiation.
The Malaysian Bar in year 2007, as I see it, was going through a stage of
branding exercise akin to a corporation creating an identity that stands for a
set of values.
The Bar has on many previous occasions brought significant impact to the society
at large and I especially appreciate its tirelessly attempt to fight for a cause
we believe in which many lawyers were privy to eg. the Walk for Justice and the
Celebrations of the Festival of Rights. I believe the collective effort taken by
the Bar in analysing each and every issue in detail and highlighting its
collective opinion be it in the mainstream press or via our Malaysian Bar
Website as a very good start to creating an invaluable branding for the Bar.
With the right path towards branding, I believe the Bar will be strengthened in
within and gain more external support to uphold the set of principles the Bar
believes in.
However all branding exercises will face its challenges. And our challenges
remain an uphill battle especially when it comes within the ruling government. I
think one way for the Bar to appease the government’s dissatisfaction while
achieving a brand differentiation is to continue to be apolitical and always
seen to be apolitical. Although at times, we were seen as an opposition party by
some quarters, I believe those views are isolated and our struggles will
continue to be worth fighting for and will be acknowledged one day.
In view of the dissension and the recent political climate with our strong
opinions, I sincerely hope the Government will understand that the right of
dissent is a vital component in democracy and accepts the fact that greater
openness will cause dissent, which may result in conflict and refusing a permit
is not the way to resolve the matter.
With this I congratulate the immediate past president and his team for branding
the Bar as whole and our current president with her excellent team players for
continuing the branding exercise by communicating constantly with the society.
It is my fervent hope that the Bar will continue to stay relevant throughout the
upcoming challenging years.
With the whole new year of 2008, I also pray for an intellectual progress within
the government especially so after the recent fiasco in relation to the ban of a
certain word and finally I think we should create a tag line for the Malaysian
Bar and it should go like “Malaysian Bar, the Hidden Hand”
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Circular No 297/2008
