The Malaysian Bar - YL Personality: Karthigesan a/l Shanmugam

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YL Personality: Karthigesan a/l Shanmugam

Thursday, 20 September 2007 05:27am

Contributed by the National Young Lawyers Committee

YL Personality: Karthigesan a/l Shanmugam 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.