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CLP candidates can take paper in October PDF Print E-mail
Wednesday, 16 July 2008 08:32pm

KL massive jam©The Star (Used by permission)
by Shaila Koshy

KUALA LUMPUR: Certificate of Legal Practice (CLP) candidates who did not sit for the first paper at on Monday because they were delayed by the police roadblocks can take it in October, if they pass the four remaining papers.

CLP director Muniandy Kannyappan said that a candidate who passed the four other papers would be given a conditional pass, that is a pass on condition he passes the Civil Procedure paper in a supplementary examination later.

He said this Wednesday when referred to an e-mail posted on the Malaysian Bar website on Tuesday by a Ganesh” claiming he had missed the 9am Civil Procedure paper because he only arrived at the examination centre in Universiti Malaya at 10.30am after he was caught in the traffic jam on the Federal Highway because of the roadblocks.

“Many people sitting this examination were either late or just failed to turn up because as one knows, reaching late to the examination hall, one would be barred from entering the hall,” said the e-mail.

Muniandy said that of the 641 candidates who had registered for the Civil Procedure paper on Monday only 611 had sat for it.

“Thirty were absent for reasons unknown,” he said, adding it was common for that number to be absent at every CLP examination.

On whether late candidates are allowed to take the examination, Muniandy said invigilators usually decide in favour of the candidates if they had legitimate reasons.

“On Monday, five of the 611 had turned up late - between 9.25am and 10.30am - but they were all allowed to take the examination.

“One candidate who was caught in the jam jumped out of her friend’s car, stopped a motorcyclist and begged him to take her to the examination centre where she proceeded to take the examination at 9.25am.

“Another came at 10.30am and was very distressed. Former CLP director Datuk Noraini (Abdul Rahman) who was present counselled the girl, asking whether she was all right to take the paper and she said yes. So, she took the examination.”

Muniandy was not aware, however, whether the girl had asked for extra time.

As for Ganesh, Muniandy said the CLP records did not show that a candidate named “Ganesh” had registered for the July examination but acknowledged a pseudonym could have been used.

“Even if he was late, he could have come to see us,” he added.

Comments (10)Add Comment
Ganesh's case
written by Roger Tan, Wednesday, July 16 2008 09:50 pm

Dear all,

Shortly after the MBW published Ganesh's email on this website, I spoke with Ganesh and raised the matter with our President.

Our President, Dato' Ambiga who is also a member of the Legal Profession Qualifying Board immediately swung into action and raised this matter with the CLP Director, Mr. Muniandy. I also spoke with Mr Muniandy late yesterday evening.

The Bar is pleased that the Board has made this decision to help those students who were affected by the Monday traffic snarls.

As Ganesh has given his full name to MBW strictly on a confidential basis, we are therefore unable to forward his full name to Mr Muniandy. I have tried to reach Ganesh again, but failed. Will try again later.

Meanwhile, I suggest that Ganesh should see Mr Muniandy personally and identify himself so that the President and I will see to it that the Board will render him the necessary assistance.

Thank you.

Roger Tan
Chairman
National Young Lawyers Committee

THANKS, ROGER AND AMBIGA
written by Stephen Tan Ban Cheng, Wednesday, July 16 2008 10:18 pm

My dear Roger and Ambiga

On behalf of the unrepresented CLP examinees, let me record their profound thanks for your timeous and effective intercession on their behalf.

Also for the record, I wish to state that I do not know any one of the 641 candidates.

It is understandable why the real name of "Ganesh" should not be revealed. All examinees are operating in an imbalanced relationships vis-a-vis the CLP Board.

Thanks again, Roger and Ambiga. Such a speedy and enlightened intervention with the CLP shows that the Malaysian Bar Council does look after the interests of not only its lawyer-members but also potential members.

This was not the representation I received when I returned to Malaysia in 1998, although I need not sit for the CLP as a law graduate from the 125-year-old University of Canterbury which prides itself as "the Oxford of the Southern Hemisphere" since it is a liberal arts university. modelled along the lines of Oxford.

As a member of the Bleeding Hearts Brigade of the Malaysian Bar, I really feel for those who came late because I am sure the distress of the roadblock would have psychologically rattled all of them.

While I thank the CLP director for his cooperative stance, I suggest that if there is a cogent and coherent reason from among those who did not appear, they should also be given the benefit of the doubt and asked to take the examination.

Stephen Tan Ban Cheng

Ganesh's case
written by Roger Tan, Wednesday, July 16 2008 10:25 pm

Dear all,

I have just spoken with Ganesh, and he's uncomfortable with releasing his full name and address.

In any event, I have assured him that should he require further assistance from the Bar to drop me a line and Dato' Ambiga and I will try our best to assist him.

Roger Tan

I personally think it is Unfair...
written by Benjamin Sathyanandam, Wednesday, July 16 2008 11:15 pm

Firstly, kudos to Roger and Dato' Ambiga on their swift action.

From what I understand, only those students who were unable sit for the exams will be allowed to sit for the Civil Proc. paper in October ONLY if they pass the 4 remaining papers. Don't you think this is unfair?

Let's assume Student A' weak, or rather unfortunate subject is Evidence (or other paper apart from Civil Proc.) If he sat for all 5 papers and failed his Evidence, then he would automatically be allowed to sit for his/her referrals in Oct.

In our present scenario, Student A who was unable to sit for his Civil Proc. due to the unnecessary traffic jam on Monday would now be considered to have failed 2 papers and thus would not be allowed to sit for the exams in Oct.

My question is, why should the CLP Board treat or rather punish the students who were unable to sit for their exams on Monday as having failed their paper.

I have to salute to those who are sitting through the rest of the exams although having not sit for their Civ. Proc. paper. I wouldn't have been able to do it.

Benjamin Sathyanandam

Alternative mode of transport
written by Andrew Teh Leng Guan, Thursday, July 17 2008 06:36 am

I hope the lady who got to the exam hall on a motorbike passes her exams and decides to practise.

We need more feisty lawyers like her!

Andrew Teh Leng Guan

Show the Police what 'reasonableness' means
written by Tan Peek Guat, Thursday, July 17 2008 08:27 am

On account of the misdeeds so unfairly and unnecessarily caused upon the candidates of the CLP Examinations from such an authorative but highly IRRESPONSIBLE body as the Police, AND on account of the hard work that the CLP CANDIDATES had put in for the examinations, may we suggest that the CLP BOARD members are kind and considerate enough to grant the affected candidates some form of 'mere passes' FOR THE EXAMINATION SUBJECTS they were scheduled to have sat ON THAT DAY - if at all recommended by their tutors that they are indeed deserving candidates - to pass them.

We need to be fair to the candidates as the new examination dates might not be suitable for the candidates to resit the examinations, and for some other reasons they might probably also not be able to avail themselves to the examinations in October. Over and above all reasons, if everything does indeed go on well, we must also realise that they would be unfairly put into having to burn extra mid-night oil for some numerous months more, and through this, they might be made to probably suffer further 'stress' - which will be unforgettable to them in their lifetime!

Therefore, as a retaliation towards the police unfounded 'information' and their subsequent unfair action, and the inconvenience they had unfairly caused upon such a multitude of Malaysians, and also, the appalling false allegation against the Bar Council on their 'intelligence' information, we need to show the Police what 'reasonableness' means, and also, in this comforting manner too - so that ALL'S WELL THAT ENDS WELL.

Tan Peek Guat

Conditions For Conditional Pass
written by Ng Hong Chai, Thursday, July 17 2008 08:37 am

To whom it may concern,

As a matter of curiosity when is a Conditional Pass given to a candidate? Assuming there was no such roadblocks like the recent one and there was a candidate which had sat for and passed 4 papers but for some reason or other he did not sit for the remaining paper. Will he be given a Conditional Pass?

Ng Hong Chai

Thank you Malaysian Bar
written by Ganesh (via email), Thursday, July 17 2008 10:06 am

Dear Roger,

On behalf of the few who missed the examination and also the several who appeared late for the examination, I would like to extend my gratitude to your goodself and YB Dato Ambiga for helping out in this situation. It is very touching to know that the Malaysian Bar Council cares not only for its members but also for aspiring lawyers too.

I extend my gratitude to CLP director Muniandy Kannyappan for your kindness in this situation. Thank you.

It would be a great pleasure to join the Malaysian Bar one day and serve it.

Kind Regards

Ganesh

WELL DONE ,ROGER AND AMBIGA
written by Ding Chu Teck, Thursday, July 17 2008 10:20 am

Mr Roger and President Ambiga's effort deserves our greatest appreciation. Keep up the good work.

Thanks also to Mr Muniandy for his kind consideration.

Ding Chu Teck

any apology from the police & malaysian government?
written by Tong Kuan Ling, Thursday, July 17 2008 10:23 am

Apart from CLP board, we are still awaiting the response and apology from police and the government.

Don't the said bodies should be responsible for the said massive traffic jams?

Those police personnel who gives authority to set-up a massive roadblocks in Klang Valley should be terminated of his/her service in PDRM due to his/her failure in investigating and/or conducting and/or discharging his/her duties as a Police.

Tong Kuan Ling


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