The Malaysian Bar - YL Personality: Reena Nair a/p Raghuan

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YL Personality: Reena Nair a/p Raghuan

Contributed by Valerie Choo Huae Ling

Thursday, 29 January 2009 10:07am

YL Personality: Reena Nair a/p Raghuan Reena Nair a/p Raghuan was called to the Bar in May 2008. She graduated from University of Malaya and is currently practising in Malacca in the area of banking litigation. Valerie Choo spoke to her recently.

1. How has practice been so far? Do you think practice in different states varies extensively?

Practice has been a learning experience, trial and error. It has been good. In my opinion, I believe that practice is the same everywhere, we try to solve “problem” in a way best suits our client. I do not think that it varies extensively, at the end of the way we interpret the law in a way best suits our client.

2. Why did you choose to practise in Malacca when most newly admitted practitioners opt for the exciting legal life in the city of Kuala Lumpur?

I believe that a person makes his/her life interesting and not a place. That is why I choose Malacca, everywhere and anywhere there are learning opportunities.

3. Having just completed your chambering a couple of months back, what is your view on the current pupillage system in Malaysia? Should there be any changes?

As I chambered in Malacca I find it quite troublesome to attend ethics lessons in Kuala Lumpur as I need to find a place for accommodation and usually firms do not provide accommodation allowance. It would be more convenient for Ethics Exam and Lecture to be conducted in respective states even though there are few chambering pupils. In addition, I feel that there is a need to have an oral test coupled with written test regarding Ethics. It would be a more effective method in “measuring” pupils.

4. As a young lawyer in the legal profession, do you think that having a young lawyers committee is relevant? Do you share the Bar Council’s thoughts that all State Bars should be encouraged to set up a Young Lawyers Committee? Why?

A young Lawyer’s Committee sounds nice and exclusive as it represents us Young Lawyers. I believe that if the goal that it is set up for is achieved then it is a good idea to set up YLC in every state. If it does not, then it is not necessary.

5. In your opinion, what are the new challenges facing the junior Bar today?

I am quite new to the profession, I would not know what are the new challenges. As such, I can only give my opinion on the challenges that my friends and I face. We face the challenge to be ethical in carrying out our duties as a lawyer as there are temptations to take short cuts.

6. Do you see yourself doing something different in the near future?

I see myself as practising in more areas of law.

7. Moving on to the current issues affecting our country. A massive landslide occurred in Bukit Antarabangsa, Hulu Klang on 6 December where at least four people were killed and many injured. Engineer experts have for years voiced their concern on the fragility of the hill slopes in Hulu Klang and blamed the lack of systematic regulatory measures on the safety of hillside development as a root cause of landslides. What is your opinion on this? How do you think this issue could be dealt with?

This is not the first time that this type of tragedy occurred in Malaysia. I believe that in Malaysia hill sides are not meant for residential areas. Rain weakens the land structure and thus land slide occurs. A thorough study regarding hillside development for residential development coupled with special measures and safety might help. Expert opinions should be sought and followed before embarking on hillside development. Nothing is 100% safe though.

8. Following the dreadful Highland Towers tragedy in 1993, the majority decision of the court was that local councils were given full immunity under Section 95 (2) of the Street, Drainage & Building Act 1974 and held not liable to compensate for losses suffered by anyone should a building collapse. As a result of that, the Bar Council has urged the government to repeal the statutory immunity to local authorities and their officers under the 1974 Act. What is your say about this?

The government is our caretaker, they are regarded as our Guardian, they are presumed to know what is good for us. In the event any danger were to come to us for example in the form of government approved development in hill side there is a presumption that it is safe for occupation with no expiry date. I believe that the local authority should not have statutory immunity as it goes against their duty to us, the people. If their “hands” are truly clean then there is no need for immunity.

9. In light of the latest landslide incident, Information Minister Datuk Ahmad Shabery Cheek told residents of Bukit Antarabangsa not to point fingers solely at the government as both developers and house buyers who opt to live in highland areas were equally to be blamed and should accept responsibility for what happened. What is your view on the statement?

No one is going to move in into their house thinking that it might be affected by landslide. I do not believe that the house buyers should be blamed. It costs more to live on hillside and surely there should be added safety before construction and after construction. What responsibility does the house buyers have? The developers are involved in the construction and the local authority is responsible to ensure the safety standards are measured up to.

10. The proposed Malaysian Anti-Corruption Commission (MACC) as an independent body to take over the functions of the Anti-Corruption Agency (ACA) would highlight the aspects of effectiveness and transparency, as well as improving the public perception on the independence of the agency in efforts to fight corruption. What is your general opinion on the proposed commission?

It is positive if it is truly going to be a transparent and independent body and not just a new name to an old body.

11. The proposal has drawn criticisms from various groups. What do you see as some of these shortcomings?

The most important aspect is the transparency and also the independence aspect. Everyone knows that there is corruption in our country, it is not a secret and it still happens up till today despite the ACA.

12. On top of the rolling debates over race relations issue, Datuk Mukhriz Mahathir recently suggested to abolish vernacular schools and to have one unified school system which would use Bahasa Malaysia as its medium of teaching. He emphasised that the proposed unified school system could help tackle the problem of non-Malays misunderstanding the concept of “Ketuanan Melayu” or Malay Supremacy, which has become a source of tension between Malays and non-Malays. What is your comment on this?

Every race should be given an opportunity to preserve and learn their mother tongue in a formal and informal way. A race has its identity and one of it is mother tongue. A vernacular school preserves language. In addition, it is an added advantage to other races as they have the opportunity to learn other races' mother tongue formally. As a vernacular school and a national school allow all children for enrolment, I do not see where and how any misunderstanding can occur.

13. The National Fatwa Council recently issued a fatwa forbidding some form of yoga practice among Muslims as it involves worship and chanting of mantras. What are your views on the subject?

I believe that since I am a non-Muslim, I would rather have a Muslim to give their view on this matter.

14. Having said that, there is the aspect of our judicial system as well and lately there have been discussions of merging the Syariah and civil courts. What is your position on this?

It would not work as both are separate systems. A non Muslim is not subjected to Syariah Court. There should be a satisfactory and fair solution to the issues of conversion of a non Muslim spouse, issues regarding custody and informing the non Muslim family of conversion.