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Contributed by the National Young Lawyers
Committee
 “Clean the judicial system”
Recently called to the Bar on 17 July 2007, Li Lin works in the area of
conveyancing and general litigation. Teo Nie Ching welcomed her to the
fraternity.
Congratulations for becoming a member of the Bar! How do you feel upon being
admitted to the Bar?
It is indeed an honour and a privilege to be admitted to the Bar and be part of
a profession traditionally viewed as one with a noble purpose and of high
repute. I am filled with a sense of apprehension as I continue my journey after
completing the largely academic portion of legal training and embarking on the
practical aspects of work. Reading law does not prepare one for the “real
world”. To be of service to the people is the duty of all lawyers and even
though I am caught up with the daily grind, I remind myself of the reasons for
joining this profession. Having experienced constant personal struggles to be
admitted to the Bar, I am filled with satisfaction for finally having made it
and further a sense of gratitude to those who have constantly supported me to
persevere. It was also my late mother’s dream for me to succeed and I am glad I
did not fail her. Now, it is a question of juggling between career and home
life.
You described the legal profession as one traditionally viewed with a noble
purpose and of high repute. Do you mean our profession has changed for the
worse?
In a way - yes. Market forces, having and maintaining connections play a large
role in this profession now as it does for all other professions. It is the
reality. But there are practitioners who are striving to create a difference in
their own way and trying not to succumb to the pressure. During our parents’
time, they would have encouraged us to be either lawyers or doctors. If I had
kids now, I would not do so. Hopefully by the time we have our own kids and they
need to choose a career, our profession has been transformed and reformed
successfully.
Have you seen the infamous video recording?
I am not surprised by its existence because anything is possible nowadays. There
is nothing new under the sun. Makes me wonder why it is out now in 2007 when it
was allegedly shot in 2002, correct? Everyone has an agenda, and we hear a
bombardment of opinions, speculations and comments. The average man on the
street may not be able to comprehend the fuss nor the contents of that
recording. But for those who take it upon themselves to maintain a check and
balance on the system, of course all the while with an agenda of their own, be
it fraught with good intentions or not - it was an important revelation.
Frankly, most people would just shake their heads and get on with their lives.
Moreover, the more I read other people’s views, the more depressing it gets. How
do we sieve the wheat from the chaff?
What do you think the Bar should do?
The September 26, “Walk for Justice” was a visible statement of dissatisfaction
and a clarion call for transparency and accountability by all parties concerned.
The councillors in the Bar have taken resolute steps to highlight the state of
affairs and with the continuing support of all members, let us hope the matter
will not just become “hangat-hangat tahi ayam” until the next big talk of the
town comes along. Since the fiasco allegedly involves a lawyer as well, what is
the Bar doing about this? Isn’t this purported misconduct?
But the authenticity of the recording has yet to be established.
More than verifying the authenticity of the recording, the posting of it, and
the subsequent events that ensued; the outpouring of opinions and affirmative
actions is the catalyst for long overdue reform.
What type of reform do you have in mind? The PM has said that there is no need
for a Royal Commission.
Well, it does seem that the request for a Royal Commission of Inquiry is
frequently bandied when the “rakyat” wants to get to the bottom of things. Does
it always have to be this avenue to get things done? It reflects on the
administration. However, I welcome our PM’s move to set up an independent panel
as it shows outwardly he is willing to do something about it. It remains to be
seen what actions will or can be taken after the panel makes its findings
public. Of course the “independence” of the panel is also being questioned. Let
us see what their findings will be together with those of the ACA.
The PM has also expressed disappointment that the recording was released with
the aim of getting people angry with the country's judicial system.
As I said earlier, everyone has an agenda or a purpose for doing things the way
they do. What our PM said is very well true – it did get people angry, but the
anger was not spent in wasteful ranting but a rouse to overhaul the manner in
which judges are appointed. Let us not allow the big picture get swallowed up by
the other details.
I agree that we should focus on the bigger picture. However, our AG has said
that no criminal offence was committed though he would investigate further.
It stinks of corruption. Is that not a criminal offence? Of course not - it is a
way of life in Malaysia!
Does it bother you that the source of the recording to-date has remained
anonymous?
The law is such that whistle-blowers are not protected. If the person revealed
himself/herself, who knows what will happen to that person for exposing the
recording? The concern now should be to rectify the situation. However,
according to the New Straits Times on September 28, PKR is prepared to expose
the identity of the source if it is required to safeguard the integrity and
credibility of the Judiciary.
Parti Keadilan Rakyat? They have just been criticised by Datuk Seri Nazri Aziz
for not using the proper channels.
The deed is done with the revelation from PKR. And with the advent of the World
Wide Web, it has become easily accessible. Others are also able to ventilate
their frustrations on www. The media and www promise instant results, compared
to going to the police or the ACA. If you want the ever-widening pothole paved
or street lamps repaired, do not call the local council, nor write to the Malay
Mail, nor send a text message to The Star. For global reach, YouTube is the way.
After the walk and the submission of our memorandum along with the establishment
of the independent panel, how do you think this controversy would end?
Hopefully not a fast and silent death with no transformation in sight. The
explosive content of the recording is an indication of an invisible festering
rot.
Having seen and heard all this, do you still have faith in our judicial system?
From not writing judgments promptly and not starting cases on time to throwing
files at members of the Bar to show extreme displeasure - so school-like - these
are the more “minor” examples of conduct which continue to erode our faith in
the Judiciary. But there are a few rotten apples in a basket of decent ones. I
choose to believe that there are judges who are upholding their oath of office
and are also carrying out their duties mindful of their purpose and duties to
the public. I salute these good judges. I hope for a judicial system built on
foundations of integrity, and it remains to be seen whether my faith is
misplaced.
Other YL Personalities:
Karthigesan a/l
Shanmugam
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
