The Malaysian Bar - YL Personality: Ng Li Lin

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YL Personality: Ng Li Lin

Thursday, 04 October 2007 05:31am

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.