The following is an edited reproduction of a posting that I made on Lawyerstalk, an online forum comprising of lawyers only in both East and West Malaysia with a membership of 8000+, in reply to a remark by a lawyer in his posting in reply to someone else. It is edited to allow it to be more coherently reproduced here. His remark was this: ‘Who are we, half past six Muslims who are so uneducated in Islam that we have to refer to translations rather than original works, to question eminent jurists like Al-Shafi’ie or Abu Hanifah?’
Posted inNowhere To Run
On Refugees
The author wrote a small piece to inform the public of the plight of refugees in Malaysia while referring to a few international reports, surveys and publications. The article was edited down owing to space constraints before being sent to the local press. It was published in the on July 23, 2009. This is the […]
Posted inExpress Yourself
The Reporter
I would like to report a death, An unfortunate suicide I must confess, The newspaper fell from the 14th floor, Now it tells the truth no more.
Posted inJudging the Judges
A Meditation about Portraits Hung On the Walls in the Courts and its Premises Sometimes
Loyarburok strongly believes that it is unhealthy to force lawyers to wait too long for the hearing or mentions simply because it may at some point force them to think, or worse think critically. Encik Fahri Azzat who was recently in the Penang High Court for a winding up hearing was afflicted with both these sorry diseases after approximately 2 1/2 hours of sitting down and listening to other cases being disposed of. You may read the thoughts the wait provoked here.
Posted inTry Me-lah
16 July = R. Gunasegaran died, Teoh’s body found
Joint statement by Civil Society On The Death in Police Custody Of R. Gunasegaran 1. Brief Facts R. Gunasegaran, aged 31, was arrested on the evening of 16th July, 2009 in Sentul.
Posted inTalking about Lawyers
2007 Bar Resolution on Legal Aid Files
At the 61st AGM of the Malaysian Bar held on March 17, 2007, the following resolution proposed by by Latheefa Koya and Renuka T Balasubramaniam was unanimously passed. Write your hands how many lawyers/legal firms have since followed through on this resolution?
Posted inLet's Talk About Sex
Beware: Sex Mad Devils in Malaysia
You know Loyarburok had to cover it. Yes, it’s coverage of that news report about the women requesting their husbands for a divorce because they wanted sex more than 10 times a day.
Posted inTalking about Lawyers
Reducing Too Business-Oriented Sentiment From Clever Lawyer
Written by Vicheka Lay, Legal Consultant, Cambodia. Originally published here at IBA’s Pro Bono blog. See here for IBA’s Pro Bono Declaration approved in October 2008. The corporate world has made the business lawyers too business-oriented, this means that business lawyers would only work for financially lucrative case and not bothering working for pro bono […]
Posted inTalking about Lawyers
Tidak wajar!
Di dalam catatan bertajuk “Wajarkah?” yang terpapar pada blognya, penasihat undang-undang UMNO, Datuk Hafarizam Harun telah mengadaptasikan emel yang beliau terima (daripada seseorang yang meminta agar identiti beliau tidak dinyatakan), dan menyatakan persetujuannya (100%) dengan kandungan emel tersebut.
Posted inCase Notes
LoyarBurok 1 – 0 Attorney General’s Chambers of Malaysia
Mr. Edmund Bon Tai Soon, a founding member of Loyarburok, was charged for driving under the influence of alcohol on 3 April 2005 at approximately at 2:15 a.m. on Jalan Ampang from Jalan Sultan Ismail heading towards Leboh Ampang vide Kuala Lumpur Criminal Magistrate Court Charge No. T1 – P83 – 357 – 2005 pursuant to section 45A(1) the Road Transport Act 1987 (RTA87). Fellow founding member of Loyarburok, Encik Amer Hamzah in his customary manner defended him and successfully persuaded the Magistrate, Tuan Syed Adam AlHabshi. Encik Fahri Azzat discusses the Magistrates decision and explains how close the Attorney General Chambers’ came to proving a prima facie case against Mr. Edmund Bon and having his defence called, and how they eventually lost it. Though this is merely a Magistrate decision, it is the first case in Malaysia in which sections 45A, 45B and 45C RTA87 is considered at length.
Posted inBolehland
A raised eyebrow about a remark purportedly made by the Judge of the trial of Mirza Mohammad Taiyab
A raised eyebrow about a remark purportedly made by the Judge of the trial of Mirza Mohammad Taiyab and two suggestions to the Attorney General’s Chambers to help improve their fight against corruption, assuming it really intends to do something about it and demanding for an economic indicator to provide for a rough valuation of the Attorney General’s incompetence.
Posted inSelected Judgments
HCt’s Decision in PP v DSAI (Pre-trial Discovery Issue)
Justice Zabidin Diah’s decision on July 16, 2009 allowing the defence pre-trial discovery of certain documents may be downloaded here. The order was on July 24, 2009 stayed pending disposal of the prosecution’s appeal to the Court of Appeal.
Posted inTalking about Lawyers
Loyar Buruk Detector
Seorang pakar motivasi terkenal pernah mengutarakan (kenapa tidak mentimurkan?) satu soalan mengenai loyar; bulan berapa yang loyar kurang menipu? Jawapannya ialah di bulan Februari sebab Februari ada 28 hari saja! Nah, buruk dan jelik sekali persepsi masyarakat terhadap seorang loyar itu.
Posted inTalking about Lawyers
Dari DPP ke Loyar = Dari Dark Side ke Jalan yang Benar?
Terbitan asal dari loyarberjurus di sini. Salam. Saya bersahaja (purposely) memilih untuk memposkan pos kali ini dalam bahasa Melayu untuk mengelakkan dari anggapan blog ini adalah berbahasa pengantar bahasa Mat Salleh. Saya terpanggil untuk menjawab persoalan menarik dari sahabat baik saya saudara Asyraf mengenai persoalan di atas.
Posted inCase Notes
Zaitun Marketing Sdn Bhd v Boustead Eldred Sdn Bhd (Federal Court Civil Appeal No. W-02-47-2008)
A short discussion and introduction to the Federal Court decision of Zaitun Marketing Sdn Bhd v Boustead Eldred Sdn Bhd (Federal Court Civil Appeal No. W – 02 – 47 – 2008). Coram: Tun Zaki bin Azmi CJ, Tan Sri Dato’ Alauddin bin Dato’ Mohd Sheriff PCA, Dato’ Gopal Sri Ram FCJ. The written judgments of Tun Azmi bin Azmi CJ and Dato’ Gopal Sri Ram FCJ are downloadable.
Posted inTry Me-lah
RCE v IOD
Many have asked why civil society is objecting to the “cause of death” question being carved out of the Royal Commission of Enquiry (RCE)’s terms to be left to a Magistrate in an Inquiry of Death (IOD) held under Chapter XXXII of the Criminal Procedure Code. Here’s why.
Posted inTry Me-lah
Royal Commissions of Enquiry
Originally published in Skrine’s Legal Insights, Issue 3/2008 (October Issue), and updated in Issue 4/2008 © Skrine. Reproduced with permission. Introduction The recent findings of the Royal Commission of Enquiry into the V.K. Lingam Video Clip have brought Royal Commissions (often called “royal commissions”) into the limelight. This article seeks to provide an overview of […]
Posted inSave The Children
Teoh’s child
I have been following bits and pieces of the late Teoh Beng Hock’s case and an issue of concern to me, besides others, is that his unborn child will not be able to carry his name due to the protocol and procedure of the NRD.
Posted inPray For Me
Soalan kepada PGSM
Saya terbaca petikan berita berkenaan dengan hukuman yang telah dijatuhkan ke atas seorang model yang ditangkap meminum Heineken di Black Forest Pub Kuantan pada pukul 1.20 pagi pada 12 Julai tahun lalu. Beliau telah dijatuhkan hukuman denda RM5000 dan disebat 6 kali.