A cogitation on the politicization of Islam in the country – what spurned its coming to being, it’s manifestation and how it is adversely affecting Malaysia and her citizens, in particular the ordinary Muslim citizen – in 4 parts.
Posted inExpress Yourself
Criticism as an Act of Love
What is the critic really doing when he criticizes something or someone? He is expressing his love. This is a follow-up to the previously published ‘How to Appreciate Criticism’.
Posted inSelected Exhortations
The New York Times: Clearer Limits Sought in Malaysia for Shariah Courts’ Role
The New York Times on 12 March featured the article titled above in reaction to the Indira Gandhi custody case where the Ipoh High Court in Perak overruled a Syariah court decision. LoyarBurokkers K. Shanmuga, who acted for Ms. Gandhi and Edmund Bon are quoted in the article, reproduced below.
Posted inExpress Yourself
The Other Column That Wasn’t
This article was to be published in Sin Chew Jit Poh on the 9th March 2010. Instead it fell victim to the oft-wielded Printing Presses and Publications Act 1984, which incidentally is the subject of this spiked article.
Posted inBolehland
The Conditions of Remand (Part 2)
Considering the implications of the presumption of innocence on the process of arrest, charge and remand in the criminal legal system, in two parts. This second part critically considers the arrest, charge and remand process from the perspective of the presumption of innocence and offers some suggestions on reform.
Posted inJudging the Judges
Was the sacking of Anwar Ibrahim from the Cabinet 11 years ago lawful?
11 years ago, the Deputy Prime Minister of Malaysia, Dato’ Seri Anwar Ibrahim was sacked from the cabinet. An incisive look at the Federal Court decision that the sacking was lawful and why it is lawful.
Posted inBolehland
The Conditions of Remand (Part 1)
Considering the implications of the presumption of innocence on the process of arrest, charge and remand in the criminal legal system, in two parts. The first part considers the process of arrest and charging of an accused and the conditions of remand.
Posted inSelected Judgments
Book Ban Decision No. 2 – March 8
The grounds of decision of Ariff Yusof J in upholding the ban on K. Arumugam’s Tamil book, “March 8” regarding the violent clashes in Kampung Medan on 8th March 2001.
Posted inJudging the Judges
Judges Can Fly – in the face of Rule 137 of the Federal Court Rules! (Part 2)
A thorough and critical consideration of the Federal Court’s inconsistent and dishonest approach to Rule 137 of the Rules of the Federal Court 1995 as it relates to section 51 and 51A of the Criminal Procedure Code and the Federal Court decisions in Adorna Properties v Kobchai Sosothikul [2006] 1 MLJ 417 and Asean Security Paper Mills Sdn Bhd v Mitsui Sumitomo Insurance (Malaysia) Bhd [2008] 5 AMR 377. This is the concluding part.
Posted inJudging the Judges
Judges Can Fly – in the face of Rule 137 of the Federal Court Rules! (Part 1)
A thorough and critical consideration of the Federal Court’s inconsistent and dishonest approach to Rule 137 of the Rules of the Federal Court 1995 in 2 parts. This part considers the recent Federal Court decision dismissing Anwar Ibrahim’s application to review a previous Federal Court decision dismissing his application for disclosure of documents for his second sodomy trial.
Posted inTalking about Lawyers
The Call of Law: Moving the Call of Richard Haw
A reproduction of the approximate speech I had the honour of delivering on the occasion of Mr. Richard Haw @ Haw Chin Joo’s call to the Bar before Justice Tuan Mohamad Ariff bin Md. Yusof sometime in 2009
Posted inJudging the Judges
Of sodomy, caning and potato chips
Snacking on the difference in attitudes and competencies between the English Court of Appeal and the Malaysian Court of Appeal.
Posted inTalking about Lawyers
Services of a Lawyer as Compared to a Professional Will Writer
Some considerations on the services a lawyer provides as compared to that of a professional will writer in the preparation of wills.
Posted inTalking about Lawyers
How can you defend a criminal ah?
A “simple” explanation, but with some long words, as to why a lawyer defends the guilty.
Posted inExpress Yourself
How to Appreciate Criticism
Some suggestions about how to create the appropriate mental structure or thought process when dealing with criticism. Many of us take criticism the wrong way. We get angry. We hate them. Try to suppress if not annihilate them. It does not have to be this way.
Posted inSelected Exhortations
LoyarBurok Interview: NH Chan (Part 5)
Loyarburok is pleased to present its exclusive interview in five parts with the incorrigible, irrepressible and inimitable Chan Nyarn Hoi or NH Chan as he known, Malaysia’s most famous retired Court of Appeal judge. This is the final instalment.
Posted inBolehland
Three kids and a flute
In exploring and demonstrating the idea that it is possible to have different reasons for justice, each of which would survive “critical scrutiny” but “yields divergent conclusions”, Amartya Sen in his “The Idea of Justice” brought us a delightful tale of three kids with a flute.
Posted inTalking about Lawyers
‘The Non-Practising Advocate & Solicitor’
A consideration of whether the phrase ‘The Non-Practising Advocate & Solicitor’, which is increasingly popular and used by law graduates who were called to the Malaysian Bar and did not or have left the practise of law, is meaningful.
Posted inSelected Exhortations
LoyarBurok Interview: NH Chan (Part 4)
Loyarburok is pleased to present its exclusive interview in five parts with the irrepressible and inimitable NH Chan. In this penultimate instalment, we speak to Malaysia’s most famous retired Court of Appeal judge about what affected him to go on his one-man crusade and his experience with VK Lingam.
Posted inJudging the Judges
Bias, and Why It Is So Easy to Expose a Judge for Incompetence
Why I say it is so easy to expose our judges for incompetence – but this can only happen in Malaysia.