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Contributed by the National Young Lawyers
Committee
Karthigesan lectured at a private institution for about 5 years before being
called to the Bar in 2000. He runs his own practice in Seremban. Teo Nie
Ching spoke to him.
We are celebrating 50 years of Merdeka this year, and elections may be round
the corner. Do you think the Government has performed well?
It depends. With the development that has taken place, it would seem that our
Government has run the country smoothly and with steady hands. However, some
economic turbulence along the way has provided hiccups to our political
stability.
On a different front - the furore over Lina Joy may seem to have died down in
the press but the implications are evident. What is your reaction to the case?
The court decided that the procedural requirements had not been satisfied by
Lina. Hence, it held that her freedom of religion guaranteed under the
Constitution had not been violated, or rather we are made to believe so. But if
Lina Joy succeeded, there would be more to come. Government intervention is
necessary because these cases are inevitable.
In this light, the 14th Malaysian Law Conference is a month away looking to
discuss development issues and the future of our Constitution. What would you
like to see coming out from the Conference?
The Conference is a good opportunity for members to interact and learn from
others within the Bar and outside of it. It definitely will provide a forum to
thresh important areas of the law, and examine them in-depth. Legal practice in
Malaysia needs to quickly evolve and develop to compete on a global scale and I
hope the Conference will positively lead our members in this direction quickly.
To discuss global issues is good, but surely we have our own basic problems
at home. The ceiling at the spanking new KL courts complex caved in recently.
Yes, but this is not something new to us. Rather than pointing fingers, those
responsible should accept responsibility and rectify the problems. More time
should be spent resolving the issue than talking about it.
MATRADE building problems, MRR2 highway damage, collapse of the piping system
at Putrajaya - when we hear of these problems, JKR’s competency is called into
question in the context of the construction of public infrastructure.
It is just not JKR. We hear about instances how the Government awards
construction contracts. To stop these fiascos, we probably need to change the
system of awarding contracts. Looking only to JKR will not solve the problem.
We hear Ministers sometimes responding that the impugned project is run by a
third party. Surely this does not absolve the Government? Why do so few
Ministers resign when found out?
The convention of ministerial responsibility as we know it does not exist in
Malaysia unfortunately. We must bring it to be enforced here. Lord Hailsham once
said: ‘A politician must be trustworthy, and if he is found out telling a lie or
if he is discovered in even a small financial dishonesty, he can only bow
himself out of public life’.
Apparently, there is no YLC in Negeri Sembilan (NS). Why?
The State Bar Committee is of the view that there is no need for a YLC. This has
been the sentiment of the NS Bar even before I joined the Bar. There is no need
for a junior Bar as the young can always seek assistance from the senior members
if there was a problem. There were many attempts to form the YLC but it was
never a receptive idea.
What are your views on the matter?
As a Committee member, I will not comment on the closure. But I believe that the
YLCs are good for the development of the practice of the young members. As legal
practice has changed over the years, the YLCs will provide a sufficient platform
for the younger members.
The NYLC has encouraged all State Bar Committees to have YLCs. Any attempts
to re-open the one in NS?
If the other State Bars can form YLCs, I do not see why we cannot have one in
NS. However, the lack of knowledge as to the importance and need for a YLC may
make it difficult to form it. Even the younger members do not have the force to
move the Committee for a YLC.
This year, we have a new leadership at the Bar.
I believe with their vast experience, they will be able to lead the Bar in
commendable fashion. The President has so far been responding well.
At the Bar and Bench Games recently, we emerged victors over Singapore. We
may have great sportsmen and women in our midst!
It would be a good idea to send our teams for world meets. The problem is always
funds. There should be a structured programme to assist our sports personalities
in raising funds. I understood that our soccer team had difficulties when they
tried to seek sponsorship for their world competition.
Other YL Personalities:
Juna Binti Jusoh
Syamsuriatina
Ishak
Albert Ding
Choo Earn
Sulaiman Bin
Abu Bakar
Nasdrul Umur
Bin Shamsulhuda
Elaine Daly
Devkumar
Kumaraendran
Sandesh Kabir
Singh
Edelina Sophia
Binti Sophian Pulle
Mohd Busyairy
Bin Che Muda
Wong Fook Meng
Fadiah Nadwa
Fikri
Lee Chooi Peng
Angeline Cheah
Yin Leng
Mishant a/l
Thiruchelvam
Shahrizal Bin
Mohd Zin
Rezalman B.
Bahran
Gavin Tang Cheng
Loong
Noreen Ahmad
Ariff
Nadia Ashikin
binti Maduarin
David Dinesh
Mathew
Nizam Bashir
Bin Abdul Kariem Bashir
Amer Hamzah
Bin Arshad
Ernie
Suffiani Binti Salim
Ahmad Syukri
Bin Yusoff
Dipendra
Harshad Rai
Soo Wee Loon
Tracy Hah
Aminuddin bin
Abdullah
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Circular No 297/2008
