THE LIFE OF A PART-TIME GUITARIST/PHOTOGRAPHER

Sensitive Case!

2012-02-02T14:11:00.002+08:00

Yesterday, a girl came to my office. She wanted me to take her case. It is one of those sensitive cases that I try to avoid. But after hearing her stories, I think she has a good case. I agreed to represent her.

To others, I may be looked as stupid for taking her case. That impression is wrong. I have handled cases of rape, murders, theft, manslaughter, causing griveous hurt, and other criminal offences. Yet, when I managed to prove that my clients were innocent, instead of not guilty, no one has ever said I had saved innocent lives. But for this particular, the moment I take such case, people look at with with disgust and hatred. Some label me with offensive names. Some distrust me. Some say I am an apostate. Frankly, I fear none of their thoughts. I have my specific reason for taking this sort of cases. And I have known that my effort to reach that "reason' has been established though in a very slow motion. For those who personally know me, they know that "reason".

You Are Your Own Critic. So Criticise Yourself Wisely!

Imam Syafie's advice

2012-01-31T17:17:00.001+08:00

I bought a book today, entitled "30 Nasihat Imam Syafie". Short and simple in contents but very good. I encourage you to buy it. This particular advice strikes me :

Best Photo!

2012-01-23T21:35:00.001+08:00

This photo is one of my favorite photos. Clear and simple. A family photo. Taken at pizza hut 1borneo on 16.1.2012. It was my birthday. As usual, I dislike party for my own event. This image can be considered as our official family photo after so many years! Hihi

I had printed this photo and put it on our house wall. Cute.

A Happy Day!

2012-01-22T22:06:00.001+08:00

I am so happy today. I managed to get photographed with my teacher, Tuan Guru Dato' Dr Haron Din.

I had his books which he co-authored with Dr. Amran Kasimin years ago. I could hardly understand the lessons on that books. Those books are about Islamic treatment. It was only in the middle of last year that i could grasp the lessons in those books. Now, I could say that I understand most of those lessons.

Though I didn't talk with Tuan Guru, shaking his hands and stood next to him was enough to make me happy. My ustaz who taught me tajweed at UMS photographed us in a group photo. Next, I asked that ustaz to take my photo with Tuan Guru using my iphone. This photo will remain as one of my best images!

My Girlfriend

2012-01-20T13:41:00.001+08:00

This is my girlfriend. She's very nice and a very lovely girl. That's why I'm stuck to her. Love this photo!

Disturbing View!

2012-01-18T13:22:00.001+08:00

I performed my zuhur prayer at mall surau. After the first jemaah finished their prayer, a new jemaah came up. I saw a boy about 13-14 years old was praying. He was not a local. Next to him was his father, I guessed. He boy was wearing shorts. Though the short was enough to cover his knees, I wonder whether suc attire was suitable for prayer.

Strange people?

2012-01-12T23:01:00.001+08:00

I performed asar prayer at Masjid Bandaraya today. During the first rakaat, I noticed that someone on my right was still counting tasbih while praying. It disturbed me. Then, I noticed that after the second sujud of each rakaat, that person would do one additional sujud after the second sujud. This happened on every rakaat. Despite noticing that 'additional sujd' I focused on my prayer.

I thought that would be the end of the strange act but it wasn't. After the imam gave salam, that person raised his hands high as he was 'berdoa' and suddenly he sujud. He did this about 5 times if I'm not mistaken.

I managed to take a photo of that person. He wore green soldier uniform, complete with the hat.

Outside the mosque, I overheard 2 people were talking about that person. While that person was praying, his friend was guarding him, as if it was praying during war! And I did see his friend when I was walking out from the mosque.

Not-So-Good-Week!

2012-01-12T15:12:00.001+08:00

Yesterday, the court of appeal dismissed my client's appeal to reduce his sentence from hanging til death to jail. I told him to accept the decision. It was expected. An eyewitness saw him slashed his own brother's neck.

Today, the sessions court held that the prosecution had established a prima facie case of incest against my client. I was totally surprised. He should be acquitted. The evidence is insufficient to prove even a case.

I guess it's not a very good week for me.

Jasmine's first day at school!

2012-01-04T15:24:00.001+08:00

I must admit that I was feeling a bit awkward today. My eldest daughter is now in primary one. Years ago, she was just a small baby that liked to sit on my lap my I was driving. I remember when she was coming to 3 years old, she always demanded us to send her to school. She would climb the window each time a bus school coming in front of our house sendig a neighbor's children. We told her that she would go to school when she was big enough. This morning, I told her about it and she just smiled. I felt a bit scared when I left her in the class today. She's is still a baby to me. She is also very helpful at home. It is very nice to see her helping my wife with the chores especially when my wife asks her to look after her small sisters.

I hope she'll do well in her class. Her friend, Nelly, is in the same class.

Disturbing plea!

2011-12-22T15:36:00.002+08:00

I was in court for a criminal case. While waiting for it, I bumped into a reporter. She was covering a new criminal case; the accused wanted to plead guilty. She told me that it would be an interesting case. I asked what case it was. As you can read from the photo, it was weird case. I talked with the accused and told him that I would mitigate for him if he plead guilty. He agreed. So, I mitigated for him and in the end, he got 15 months jail for his kinky sexual act!

Another Trick?

2011-12-02T14:30:00.000+08:00

I had a criminal appeal trial in the High Court. As usual, it was an interesting case. A teacher was accused of raping his 14-year old female student at his house in 2003. The Sessions Court found him guilty and sentenced him to 18 years imprisonment term and 12 strokes of rattan. I wasn't the counsel for his trial. I was only retained for his appeal.

In the grounds of judgment, the trial judge believed the victim's evidence. She believed her because she was impressed with the victim's demeanor. This, as I submitted today in the High Court, was wrong. A court shouldn't convict an accused person based on demeanor. It must be based on evidence. Demeanor only strengthens evidence, but never as a substitute for evidence. If the evidence is insufficient or there is none, the court must not convict. In the instant case, I submitted that there was no rape because the manner it allegedly happened was illogical. The victim had her trousers and panties around her thigh, above the knee; while the accused had his underwear around his knee too. The victim said she was laying on the floor while the accused was on top of her. With these circumstances, could the accused's penis penetrate the victim's vagina? I submitted it couldn't. Therefore, I submitted that when the evidence was illogical, the demeanor shouldn't be considered.

The High Court judge understood my argument. He turned to the DPP for the reply. The DPP submitted the trial judge was right. The High Court seemed to disagree with the DPP.

Now, last week, I had a very good argument in the Federal Court. The Federal Court judges were with me and disagreed with the prosecution. But the end result was my client lost his appeal. So, I fear the same thing would happen with the present appeal. I don't blame the High Court judge if I lose this appeal. It is that I must not be too quick to be happy with the hearing today.

But the lesson that I learned today and last week is - Simplify the arguments!

The "Case"

2011-11-25T14:54:00.002+08:00

In a lawyer's life, there must be a case that he or she will remember forever. As for me, I have a civil case that occured sometimes in 2004.

The appeal was to be heard in Putrajaya. I was a legal assistant in a law firm that time. My boss bought me ticket. I flew to KL around 5.00 am on the day of hearing. The hearing was fixed at 9 a.m. I thought it was just a simple question of law. The Court of Appeal wouldn't ask much since the facts were simple.

Inside the plane, I didn't read the appeal record. I just flipped it, went through it without taking any note. It was a simple case.

Landed at KLIA, I took the Express train to Putrajaya. Took a cab to go to Palace of Justice. I was impressed with the building. Every lawyer should be proud of that building. That was my first time there. There were many rooms for Court of Appeals and Federal Courts. Wow! I was impressed again. I went into one of the rooms where the Court of Appeal would hear my case. I saw few prominent lawyers there. I sat at the back of the room.

When the Court of Appeal judges entered, they started hearing cases immediately. Some cases were dismissed in a few minutes. Some were just for really a few minutes! The other side need not to reply. When my case was called, the other side introduced me. I sat. Quietly. The judges attacked him. They asked this and that. I remained silent. I thought that the judges wouldn't do that to me. I was wrong! Very very wrong!

The moment I stood up, the presiding judge, YA Dato' Mokhtar Sidin asked me about the evidence of fraud. It was a question of fact. I said there was no dispute about that. He asked me where was the evidence of fraud. Oppsss I didn't read the appeal record! I really didn't know where to look at the appeal record. I opened the appeal record. Flipped it here and there. It wast then the worst history of my life as a lawyer began. I was scolded terribly by the judges. The presiding judge even called me a fool!

Finally, I told them that there was a High Court case deciding the same issue which would help to dispose the appeal. When I mentioned the High Court judge's name, they became quiet. Then they said they would reserve the judgment. They asked me to come tomorrow.

I walked to the opponent and shook hands with him. The registrar at the counter told us that we were lucky because it was very seldom that particular judge would hear an appeal above 10 minutes. But we were about 2 hours arguing!

I quickly exited the room. I walked out from the Palace of Justice building and sat at one of the stairs. I wanted to cry. I was feeling very low. I guess that was the lowest time of me being a lawyer. I wanted to cry because I felt so stupid, stupid and stupid. I thought I was a good lawyer at that time but it turned out I wasn't.

I took a cab to the train and went straight to KL Sentral. Found a hotel and slept. I had no mood to travel outside. I slept with frustration, demotivated, feeling stupid and scared.

The next day, I felt better. I went to Palace of Justice with a new feeling. I said to myself that I must encounter this feeling so I could improve. The judges told me that they had to reserve judgment. From there, I went straight to KLCC and flew back to KK.

I think it was in 2007 that the court of appeal decided the appeal. It was in my favour. I knew it when I read it in the law report. I felt proud; my name appeal in that report.

I thought it was just a simple case. But now I know that it wasn't. The Federal Court had affirmed the court of appeal's decision recently. I only found this out when I saw a newspaper inside my house. A newspaper that I was to throw out. That case has now become a landmark case in Sabah!

As for me, I still remember the feeling I felt that day outside the Palace of Justice. It has improved me as a lawyer. And as lesson that I learned from this appeal is - Preparation is a key to great advocacy!

Death and the Federal Court!

2011-11-24T22:48:00.001+08:00

Yesterday I appeared before the Federal Court of Malaysia. The Chief Justic was presiding. On his right was the Chief Judge of Sabah and Sarawak. On his left was another Federal Court judge. I stood up, introduced the parties and submitted that my client's appeal should be allowed on 2 grounds. The court was with me within 10 minutes. The prosecution replied. The court wasn't with him. The argument stopped there. The judges discussed among themselves. I couldn't hear their points. At last, the Chief Justice said that the appeal was dismissed and it was a unanimous decision!

Interesting Week!

2011-11-10T12:30:00.001+08:00

This week, my work started on Tuesday. It started well. On tuesday, I got 2 clients. One pleaded not guilty to a charge of intimidating. The other one I met in the High Court. He had no lawyer. The DPP told me to represent him in the appeal (he was acquitted in the main trial) I asked that man whether he wanted a lawyer. He said yes and enquired about my fee. I said it would be a reasonable one. When I mentioned it, he agreed. I was in the High Court because of my another client's appeal. He was convicted of raping his deaf and mute student. All cases were reported in Wednesday's newspapers.

And yesterday, my client pleaded guilty to a manslaughter charge. He was initially charge for murder. I argued in the High Court that the evidence was insufficient to establish a case of murder. I submitted that he should be acquitted because the prosecution evidence indicated the stab, that caused the death, was accidental. Though the High Court dismissed my argument, the High Court agreed that the case of murder was not established. The court ordered the prosecution to amend the charge to manslaughter (For murder, the punishment is death. While for manslaughter, the punishment is jail and fine). My client got 16 years jail.

One untoward incident happened after yesterday's proceeding. My client's mother scolded my client for pleading guilty inside the court room. My client insisted saying he was guilty but the mother said someone else did it. I heard my client saying that his mother wasn't there and she shouldn't be making stories. He quickly left his mother. Outside the court, the mother scolded me for persuading my client to plead guilty to the manslaughter charge. I saw that explaining things to her would be useless. I talked to an elder man that came with her. I explained to him that it was the client's wish to plead guilty if the murder charge was reduced to manslaughter. Thus, it was predictable that he'd plead guilty.

This morning, I received a call from my client's relative. He told me that they wanted to appoint me to appeal against the 16-year sentence. I said OK but pay me first! hihihi

The Unappellable Case!

2011-11-08T06:51:00.000+08:00

Last month, I can't remember the date, my client was convicted for 2 corruption offences. Since I didn't know his family members, I talked to his wife. I met him at my uncle's house. I told her that her husband could appeal against the conviction. She said she would tell her husband's parents.

The next few days, my office received a call from a lawyer. He wanted to talk to me about the case. Unfortunately, I wasn't at the office. I called his office but he was busy all the time. I called my client's wife. I asked her whether his husband's parents had retained a lawyer. She said that her husband's father had sent her an angry SMS to her. She forwarded to me the SMS. True enough, it was an angry and annoying SMS (I still keep the SMS in my iphone). The SMS said that they had appointed a lawyer to represent my client in the appeal. I assumed that the lawyer would file the appeal within the prescribed time (It's 14 days after the decision). However, I doubt the appeal was ever filed. If it was filed, the lawyer would have contacted me and talked to me personally about the case. I gave him my handphone number so he could reach me easily. But no, he never called that number.

Note : I love the photo!

A Meaningful Acquittal!

2011-11-07T23:00:00.000+08:00

I tried my best to win this case. It was a hard case. I admitted that one of my clients had committed corruption. But he did it for the greater good. He was trying to penetrate into the syndicate that is responsible for car smuggling from Brunei to Sabah. Unfortunately, he was arrested by MACC before he could do so.

I pity my clients if they were convicted. I know they were only doing their job. One of them risks his life on daily basis to uncover criminal offenders. The arrest of a Jamaican man at the Tg. Aru airport early this year, it was him who set the trap. He sat next to that man on the flight from KL to KK. That man was convicted for drug trafficking by the High Court.

I wish my clients all the best.

A Murder Appeal!

2011-09-22T15:23:00.001+08:00

Last monday, I appeared before 3 judges of Court of Appeal. I spent about half an hour to argue before them. I was assigned a murder case. My client was a Sulok man who was convicted for the murder of another man. It was a tough appeal in view of the injuries sustained by the deceased. I argued that the evidence was insufficient to prove common intention, and the trial judge had dealt with the accused's evidence improperly. I was annoyed with one of the judges. He criticised me for trivial matters like I didn't address the trial judge as "learned trial judge" (I honestly forgot to say the word 'learned'), I didn't tell the other judge that I had a written submission (I did have it but I didn't give it to them because that particular judge had earlier scolded a lawyer for giving them his written submission when his motion was called), and I changed my phrase from "Even though" to "even if". I was wondering whether that judge considers justice first or technicality first. It seems like he was more to the latter. On the other hand, I like the other 2 judges. They listened to me. One of them scolded me but I felt happy because it was because of the merit of the case. When a judge scolds you because of the case, it means he is listening to you!

In the end, the appeal was dismissed. I had done my best to defend this guy but the facts were against him. I wish the Federal Court will appoint me to defend him in the Federal Court.

A Murder Trial!

2011-09-22T14:11:00.003+08:00

Defending the worst of people is a great challenge. I was assigned to defend a man who was charged, together with another man, for murdering a person in 2008. His defence was that he didn't do it. It was that another person who was charged with him who killed the deceased. There was one eyewitness during the incident. I thought I had destroyed that witness' credibility. But I was wrong. The High Court believed him. I was speechless when the High Court ruled that the prosecution had established a prima facie case against my client. When the High Court ruled that the charge was proved beyond reasonable doubts, I was surprised. Yet, as a criminal lawyer, you must be prepared for anything.

Now I hope the Court of Appeal will assign me to represent the accused in the Court of Appeal.

Another Murder Trial!

2011-09-22T14:11:00.002+08:00

This is a sad case. A young adult was dead in an arcade. The court assigned me to defend the alleged murderer. The prosecution's case was simple. The accused person intended to kill the deceased by stabbing him (the deceased) with a knife. During the cross examination of the prosecution's witnesses, I made it clear to the High Court judge that the stabbing was accidental. The brother of the deceased admitted the stabbing was accidental. He was there when the stabbing happened. Another witness testified that the accused without any reason had attacked the deceased and stabbed him. I attacked his evidence. My point was that witness wasn't inside the arcade when the fight (which occured before the stabbing) started. To my surprise, this witness gave his statement to the police about the stabbing only after3 months after the day of the incident. That fact corroborated me point that he wasn't there.

The prosecution closed its case. The High Court judge wanted me to explain why the 2 eyewitnesses were not reliable. I submitted about the accidental stabbing and the fact that one of the eyewitnesses wasn't inside the arcade when the deceased was stabbed. The court had fixed 10 October 2011 for the decision. I'm waiting for it!

Fat or Big?

2011-09-16T11:41:00.000+08:00

Several people said I was big. I don't know whether they meant I was fat or I was big. One asked whether I went to gym. Hmm I guess I need to trim my body fat a bit.

Just found this Randy Couture's training for the movie Expendables, and Dwayne Johnson's clips. Motivates me to train.

Fat or Big?

2011-09-16T11:32:00.000+08:00

Several people said I was big. I don't know whether they meant I was fat or I was big. One asked whether I went to gym. Hmm I guess I need to trim my body fat a bit.

Just found this Randy Couture's training for the movie Expendables. Motivates me to train.

SYAWAL 2011

2011-09-12T15:07:00.002+08:00

I had so much fun this year. Just like last year, I enjoyed my Syawal. I had to admit that I took several pretty photos during Raya. To all, Selamat Hari Raya Aidilfitri!

MY FRIENDS ...

2011-08-23T04:24:00.000+08:00

I woke up and remembered my close friend, Shafie Othman. It has been years since I met and talked with him. The last time we met was in 2006, I guess. He was my savior at the university.

Sambal Udang Kering!

2011-08-17T18:17:00.000+08:00

I didn't eat sambal years ago. My mother cooked it, but I didn't like it that much. But my sister's maid's sambal udang kering, I have to admit, was the best. I was watching a tv series 4 hours ago when I suddenly wanted to eat sambal udang. I immediately telephoned my sister if she knew how to cook it. She said she would ask our sister in law. I asked my wife if she could do it. My wife said yes. Today, I am going to break my fast with sambal udang!

An Hour Argument!

2011-08-16T15:23:00.000+08:00

I had a very interesting argument before a high court judge today. It was more like a conversation. He asked me questions; I told him the law. He disagreed with me; I begged to differ from him. We laughed. The audience laughed. Only one issue and that issue would determine the outcome of my client's appeal. I won't regret if I lose this appeal. I had done my best. And my client's family know that. They attended the hearing.

After the hearing of the above appeal, there was another appeal by my client. It was fixed for decision. The appeal was dismissed but the prosecution's cross appeal was allowed. The trial court's sentences were increased from 14 days imprisonment to 18 months. I said goodbye to my client because my duty ended the moment the high court delivered its ruling.

Tomorrow, I'll be conducting a murder trial.

Memory In Ramadhan

2011-08-13T12:11:00.000+08:00

I have lots of memories in Ramadhan. Ramadhan reminds of my fun life when I was university student. Breaking fast with rice only, having no money to buy food for the iftar, going to my friends' room so I could have some of their food, when eating Mc Donald burgers was considered a priviliege, and so on. It also reminds me of my friends at IIUM.

One day, a friend lent me his scholarship money (I can't remember the amount) to let me buy a sandal at Campbell shopping mall (the one near Pertama Complex). Some allowed me to sit with them to eat their food during iftar. A few walked with me around KL during Ramadhan. A particular incident still fresh in my mind was when we had to sit on the street for iftar. I think it happened at Jalan India. That was my first year in KL. Before I sat, I remember saying to myself that this would be one of the incidents that I wouldn't forget in my life, and I would tell my mum about it!

Listening to Raya songs always freshens me up. They can make me happy, and sad. I just miss those times! To my IIUM friends, though you all don't read this, Happy Ramadhan, and please remember that I always appreciate what you all had done to me when I was in IIUM. May Allah bless you all!

The above photo is me with my sister and her children.

Ramadhan 2011

2011-08-08T12:31:00.000+08:00

It's the 8th day of Ramadhan here in Malaysia. I'm at home, just got back from the court.

Mistik?

2011-07-19T18:47:00.000+08:00

Something very strange happened in my office since last week. My staff told me that on Friday, she noticed that RM50.00 cash was missing from the office petty cash. This morning she noticed RM100.00 was missing. But the drawer where the money was kept was not damaged. Only she and another staff had keys to the drawer. The other staff was also puzzled. Neither one of them took the money. And I trust them for they have been in my office for year and no once a cent gone missing from my office. I told them it was either they miscalculated or 'something' took the money.

Stupid Client!

2011-07-18T21:32:00.002+08:00

I told him on Thursday that the trial would be in Kudat. He said OK. But this morning, I was in Kudat court while he was in Kota Kinabalu court! Bloody stupid!

Morning Walk

2011-07-14T18:08:00.001+08:00

Everyday (almost everyday) around 6 am, I'll walk for 20 - 40 minutes around the park near my house. My iPhone 4 is my best company. I don't think I can jog as I used to do. It is just a simple walk, but not slow walk. I do sweat by the end of the walk. I feel happy each time I finish the walk. During the walk, I think a lot, about many things. Sometimes I fantasize about how my life should have been. I cool down by doing some stretches and exercises. Push-up is mandatory. If last time I could do 50 - 60 push-ups in one go, now I can only do to 40. My plan is to do 50 again next week.

"Just walk". I guess that's my motto at this moment.

BERSIH 2.0

2011-07-13T16:47:00.000+08:00

Honestly, I support BERSIH 2.0. The demand for a clean election is a fair demand. Politicians for the government rebut that demand by saying the fact that the opposition won 5 states in the last election proves the election was fair. Is that true? Though that statement has merit, I still doubt one thing. The postal votes. How do we the public know that the postal votes are the actual postal votes?

Besides the postal votes, there is another story which makes me has no trust on the result of the election. I won't tell it here. Let that be my secret. For that story, I have lost respect to one of the leaders in my state.

Perubatan Islam

2011-07-12T10:49:00.000+08:00

On Friday, I saw an advertisement posted at the Sabah State Mosque. It said those who want to get treatment for 'makhluk halus' could attend a treatment session on Sunday. So, on Sunday, I went to the mosque to see the treatment. I was very excited about the treatment session because I have this passion about Islamic treatment. I asked some ustaz (religious teachers) there whether I could enter the room, where the treatment was conducted, to watch them. They were all very happy to say OK.

That night, there were about 10 to 15 female patients, and 1 boy patient. I waited the session to begin. While waiting, I talked with my Tajwid teacher, Ustaz Akmal. A great ustaz. He told me that during a treatment session last week, a female patient screamed very loud when an imam azan (the calling for prayer). It was the jin inside the female's body that screamed, not the female. I felt a bit disappointed for not being able to attend that session.

The session that night was actually a practical session for students of Kursus Pengubatan Islam Masjid Negeri Sabah. The course was guided by Ustaz Nik Anwar. I was very excited when I met him and shook hand with him. Around 9.30 pm, the treatment session began. All patients sat down on the floor with their legs facing kiblat. One student sat next right to every patient. Other students would sit behind or in front of the patients. They were to grab the patients if they fall backward if they become unconscious. The main student started to recite Quranic verses. A few minutes past but no response from the patients. If a patient reacts differently when the verses are being read, that's a sign there is devil inside the body. Examples of reactions are like screaming, fighting, demanding the reading to stop, and trying to run away. None of those examples happened that night. But 4 patients puked. That is a good sign. It can mean that the devil or jin was exiting the body. Only God knows.

I left the session around 10.40 pm. Will attend the next session if they have another one.

Flu!

2011-07-07T08:32:00.000+08:00

It's nearly 2 weeks, I'm having flu and cough. Not good.

Now in the office, not wearing my uniform.

New Blog!

2011-07-04T19:01:00.000+08:00

I just set up a new blog about my legal work. So, no more legal stories here. Just go there.

I'm currently in the mode of walking every morning. 20 - 30 minutes. love it. The fresh air. The quietness. Feel great each time after the walk.

Unethical!

2011-07-01T10:50:00.000+08:00

Yesterday, I was defending my client in a criminal case. He is charged for raping his own daughter. One important issue is about the finding of sperm inside the victim's vagina. The rape was allegedly occured in December 2009. But when the victim was examined by a doctor in March 2010, sperm was found inside her vagina. Now, how long can a sperm survive in a women's vagina? Yesterday, a doctor testified that it could be for months! Months???? When I cross examined this doctor, I asked which medical book says sperm can survive in vagina for months. She mentioned one book. I told her to bring the book in court next time. I told the judge that I would reserve my cross examination until the witness bring that book in court.

Why did I ask for the book? Because I know the doctor was lying. In another rape trial which I conducted few years back, a doctor testified in court that to his knowledge, the longest was only for 14 days! I'm currently doing my further research on this and I just can't wait to bombard the doctor with my scientific research. I want to see that doctor cry in the witness stand for lying in court!

Fun Argument!

2011-06-27T22:02:00.000+08:00

This morning, I had a criminal appeal. My client was convicted on 3 charges of corruption in 2007. Today was fixed for clarification. I didn't prepare for it.

Around 11 a.m, the appeal was called. I stood up and introduced all parties before the High Court judge. Then I heard the frightening words from him - "Submit!" - It meant I must submit or argue the appeal. I wasn't prepared. The deputy public prosecutor was also not ready. But since the judge meant business, I opened up my mouth and said "There are 2 grounds why the appeal should be allowed ......".

Now, why did the title refer to 'fun'? Because I was enjoying arguing the facts of the case. I really enjoyed it that I didn't care I would lose or win. I just said what I wanted to say but within the perimeter of law and the evidence. Even the court interpreter, after the conclusion of the appeal, said she was enjoying my performance! I was very confidence with my submission that I didn't have to look at my written submission for points. It was all straight from memories. The judge seemed to listen to each and every point I raised. He asked lots of questions and I noted he jotted down some of them. When the DPP replied, I had no worries at all. In fact, in reply, I gave short replies to each of her points. I added new facts to show the prosecution case was weak and the defence was strong. In the end, I didn't notice that the appeal ended up about 1 hour and a half! I felt it was more like a coffee talk rather than a court hearing!

To be honest, I hadn't felt happier about fun argument since my last time having that feeling in 2009 in the Court of Appeal. In that appeal, 3 judges asked me lots of questions and I answered them directly. I also didn't refer to the written submission. It was all based on memories. I lost and my client was imprisoned. But my client's families were satisfied with my performance. When I met them, they knew I had done my best to defend their case.

I hope I would get judges who would listen to arguments rather than keep on saying "Oh I/We don't want to disturb the finding of facts made by the trial judge. I/We should be slow to interrupt such findings on appeal".

Losing Season

2011-06-25T17:53:00.000+08:00

Last monday, I lost a criminal appeal in the Court of Appeal. On tuesday, my client was acquitted and discharged without his defence being called by the Sessions Court on an attempted cheating case. On Friday, the High Court held there was a prima facie case against my client on a charge of murder.

That monday case, it should have been an acquittal. But I was surprised to see the attitude of the judges hearing that appeal. They appeared to me to be ignoring my submission despite the law was on my side. Even the principle of cross examination which was decided by the Federal Court (relating to the failure to cross examine a witness on material evidence), they refused to comply with despite the clear stare decisis principle. This is not the only time the judge ignored following the stare decisis principle and the need to re-evaluate the prosecution evidence. Last year, I had a criminal appeal and the same thing happened. My conclusion is simple. The principle reasonable doubts is getting forgotten. Instead, the principle seems to have changed to 'the accused must prove his innocence'. I am truly sad with this development.

My First Year!

2011-05-26T15:32:00.001+08:00

I'm in the middle of an incest trial when I suddenly remember my university years. Yes, I miss those years. I remember the I was thinking how would it feel to be a lawyer, how the situation would be in a court of law, how he judges would look like, how would I handle all the law books and mosy importantly, how would help poor people. All these thoughts are fresh in my mind now. I remember that on the first day of my law class, I came early and selected a seat in front of the class. I was very motivated. I think it was Saturday when I came to IIUM Gombak campus. I thought there'd be a lot of students that day. But when night came, I noticed there were less than 10 students staying overnight.

On that very first day of Gombak, My spirit to study law was very high. I even had newspaper cutting about successful law students who graduated from IIUM.

Even now, I could still remember the smell of IIUM buildings. The law buildings were still very new, so, the smell was very strong.

I remember bringing writing pads to my first class. I thought everything would be like the college or university life that I watched on tv and advertisement on university brouchers. By the end of that semester in Gombak, I knew my impression about that kind of university life was totally wrong!

I am so excited to write about my experience as a first year law student in the first year of IIUM Gombak but I'm in a middle of a criminal trial! Perhaps next time.

???

2011-05-21T09:29:00.000+08:00

Hmm I have this thought. Practising what we read is tougher than we think. Have you practised what you've read lately? For example, motivational books often preach the principle "If you think you can, you can". But have you applied that principle in reality? I find lots of people give excuses when they can't do something. The more you say they are doing it wrong, the more excuses they give. Maybe you are familiar with the principle "Never judge a book by its cover". But more often that not, we are treated based on appearances other than our values.

I guess this is life.

"Your Actions Determine What You Are!"

Unforeseen Results

2011-05-19T16:18:00.000+08:00

I guess all things happen for a reason. We don't know it. We just feel happy, sad, angry and disgusted. Those are just emotional results. Sometimes, losing a case is better than winning it.

Dr. Asri

2011-05-18T21:14:00.000+08:00

I like this ceramah.

Tough Decision!

2011-05-05T21:13:00.000+08:00

Today, I made one of the biggest decisions in my life. Parting with something that has been so dear with my life for years saddens me deeply. But decision must be made. And I am glad I did it though I feel deeply terrible inside.

Happy Birthday!

2011-05-03T19:18:00.000+08:00

My daughter celebrated her 6th birthday on 29th April 2011. She's big now. I just can't believe she used to be small.

We didn't have party. We had a small dinner at pizza hut that night. I invited my brother and his family to join us.

An Hour Plus Argument!

2011-03-10T17:17:00.002+08:00

Had a criminal appeal today. I represented the respondent. I prepared a 14-page written submission. But my argument finished more than hour after I started!

No End To FB!

2011-03-09T10:34:00.000+08:00

Previously I wrote that I would stop updating my facebook. I guess that would not happen. With so many free times in between my work and my family, I just can't stop opening my facebook. So, I'll update my facebook as usual.

My Wedding Anniversary!

2011-03-08T07:37:00.001+08:00

Yesterday was the 7th year of my marriage with my wife. It was a very special day for me. But we did nothing to celebrate it. I guess remembering it was a thoughtful thing to do this year.

Being Me ...

2011-03-04T12:03:00.000+08:00

I want to stop updating my facebook except uploading photos or link on rare occasions. I want to not be seen in public. And I want to complete watching Boston Legal DVD Sessions 3, 4 and 5 by next week, and I want to order DVDs of The Practice Seasons 1 and 2 online. These are my short plan for this month. As for me secluding myself from the public, that's personal.

"No One Knows Who Your Weaknesses Unless You Tell Them. So Shut Up!"

Disneyland Paris Video!

2011-03-02T08:13:00.000+08:00

Words can't describe my happy and memorable moments. Here is the short video of us in Disneyland Paris!

Disneyland Paris

2011-03-01T10:13:00.002+08:00

2nd February 2011 @ midnight - I couldn't sleep. Until 3rd February 2011 around 3.00 a.m, I still couldn't sleep. And suddenly, around 3.30 a.m, an idea came to me. We should go to Disneyland Paris! I woke up my wife and told the plan. She agreed. By 6 a.m, we were all ready for a long journey. Around 7.30 am, we took a cab to go to St Pancras station to take the Eurostar train to Disneyland Paris.

Until today, I still can't believe that I had been to Disneyland Paris. It was a wonderful and exciting experience. We stayed at Disneyland Hotel for 2 nights. Here are some of the photos while we were there.

We left Disneyland Paris around 11 am on 5th February 2011. I was sad. When we were in the Eurostar from Gard du North station to London, the moment the train started to leave Paris, I was very very sad. I don't think I can repeat the same sweet and memorable experience we had in Disneyland Paris. I guess what they say about dreams come true in Disneyland Paris is true!

Honestly, when I was a kid, I'd never dreamed of visiting Disneyland. But the days of 3 February 2011 to 5 February 2011 will remain the best childhood vacation in my life!

What Are Words by Chris Medina

2011-02-27T15:56:00.001+08:00

A song that touches my heart so deeply ....

I am not an emotionally strong person. Songs like this one will easily disturb me. Maybe because of what happened to my parents. I was very close with my mother during her last days. I took care my father when he was admitted to the hospital. I cleaned my mother's foot when she couldn't do it herself. I cried when I massaged my mother's back when she couldn't move. I just couldn't type anymore about what happened. Tears will flow if i were to continue typing ....

A Boring Sunday!

2011-02-27T13:34:00.000+08:00

I spent 4 hours in the office, drafting, typing and printing documents. Now, I'm sitting at the restaurant under my office. Ordered roti telur and kuah dhal for my lunch. Tomorrow is a big day. 3 arguments and I lose, 2 people will go to jail!

End of Facebook for me!

2011-02-26T21:31:00.001+08:00

Before i blog about my london vacation, i want to tell you all that i'm challenging myself not to update my fb account until july 2011. I'm not against fb. This is only me doing something which i find interesting. So i'll stick with blogging!

London Day 3

2011-02-02T11:41:00.000+08:00

After breakfast, we took a cab to Tower of London around 9.15 am. My youngest daughter slept inside the cab. The tower was still closed when we reached there. So we entered a cafe and had hot chocolate.

I bought the tickets around 10.00 a.m. There was no crowd when we entered the tower. We were amongst the first to enter it that day. We spent about an hour there. Then we walked toward the bridge near to the tower. I took few shots of my wife there.

From the tower, we took a cab to Covent Garden as my eldest daughter wanted to buy some toys. She bought colouring pensels. My other daughter bought miniature of Disney female characters.

Then we walked to Jom Makan restaurant to have our lunch. For 6.95 pound, it was eat all you can!

After lunch, we walked back to the hotel. Before we reached the hotel, we went to a store near the hotel to buy some food.

Note : Will upload the photos later. Got some problem with the laptop.

London - Day 2

2011-02-01T01:39:00.000+08:00

I was supposed to write this story yesterday. But I have reason for not doing so yesterday. I was damn tired!

We had breakfast downstair around 8 am.

Around 8.30 am, we walked. Our journey started from Westminster Abbey, passed the Parliament, the Big Ben, and Downing Street.

When we reached the Ministry of Defence building, we went to the Victoria Embankment as my eldest daughter wanted to rest. Then we walked along Victoria Embankment.

When we reached Charing Cross Station, we crossed the road to go to the other side. We stopped for a while at a cafe near an underground tube because my wife wanted to change my other daughter's diaper. Outside the cafe, I saw a garden. I didn't get its name. We sat on the bench for about 10 minutes and my daughter ran here and there chasing the birds.

From the garden, we walked to Covent Garden. It was a very nice place place. We were busy looking for toilet when we reached it.

Then we walked to Trafalgar Square because we wanted to eat at Jom Makan restaurant. We found the restaurant and ate.

After eating, we went back to Trafalgar Square. We took some photos there.

Then we walked back to our hotel. We passed under the Admiralty Arch because I wanted my wife to see the House Guards Parade. I took her photos with the guards and the house.

We walked through that place and we were back at the road near the Downing Street. We reached the hotel about 4.15 pm. In 10 minutes in the room, I was already sleeping.

I woke up around 12.00 midnight until the time I write this!

London Day 1

2011-01-30T02:47:00.005+08:00

Arrived safely in London. It's very cold here. The pilot announced it was 0 celcius. I noticed that the moment we landed at Heathrow Airport, nearly everyone changed their attire to winter attire. My wife put on jeans on my kids as their second pants.

We took the Heathrow Express to go to the Paddington Station. We got the family package price. I wanted to buy the tickets at terminal 4 at Heathrow Airport but the lady gave me a notice and asked me to show it to his friend on board train. She said we should get the discount rate. It was true. The ticket price for an adult if bought on train is 23 pound each. But we got merely 23 plus pound for the 4 of us! That was cheap!

When we arrived at Paddington Station, that was when I started to feel the very cold winter of London. I could notice its notice when I was taking pictures of my wife and kids inside the station. My hands were freezing and my palms were in red (as I didn't wear any gloves). When we walked outside the station to get a taxi, I had a bit trouble of breathing. I was pulling 2 big bags and another sling bag on my shoulder. Luckily, waiting for taxi is easy here. Within a few minutes, we got a taxi. I told the taxi to go to Tothill Street. And here I am now, just woke up a few minutes before 6 pm (London time). The hotel was kind enough to let us check in the room around 9 a.m. (The policy here of checking in the room is 2 pm). I was so tired that within half an hour in the room, I was sleeping already. At the moment, the television is showing a football is shown. Manchester United against Southampton. Michael Owen just scored as I was typing this phrase. It's 1 - 1 now. My wife and the kids are still sleeping. Oya.. the hotel price includes free 24 hours wifi and the English breakfast for all!

I plan to bring my wife and the kids for a night walk when they wake up. Just a short walk around here. The hotel location is perfect. It's very near to the Scotland Yard. Buckingham Palace, Westminster Abbey, Parliament, St. James underground station, the Big Band and a few other famous places are so near the hotel. They are all a few minutes of walking time.

Will write again tomorrow.

Update : I just came back from a short walk. It's very very cold outside. I wanted to buy food for my family but the shops were closed. I remember there was supermarket nearby. It was along Victoria Street. So, I walked about 600 - 700 metres to go to the supermarket. I bought 2 big mineral bottles, prawn, Oreo, salad, bananas and some other little stuff. Paid 16.65 pound. I've just finished eating the prawn hihihi

Family Vacation 2011!

2011-01-25T18:56:00.000+08:00

3 more days and I am going for a vacation with my family! This time, I'm bringing my camera gadgets to take great photos of us. For the video, I have decided to use my iPhone 4. Oppss did I tell you I bought iPhone 4? Hehehe I did 3 days ago and I am so obsessed with it now. Its video function is superb and better than my 2 Sony handycams. I'll definitely buy iPhone 5 when it comes out soon!

"If your girlfriend stares at me, you'd better be jealous at me, bro!"

NIKON Photography Seminar 2011

2011-01-24T07:05:00.000+08:00

I attended Nikon Photography Seminar yesterday. Held at Promenade Hotel KK. It was a 2-hour seminar. Nothing technical. The speakers were Louis Pang and Joe Mc Nally. I prefer Joe's talk. Straight from the heart and a no-nonsense talk. His point that caught me was having taken great photographs does not make you a pro. You may be an enthusiast but you are not a pro. At the end of the seminar, I managed to shake hands with these 2 guys.

Failure sucks but it awakes you!

Our New Baby!

2011-01-22T21:39:00.001+08:00

My wife told me a very good news in the after meeting her doctor. Our baby is a girl!

Strange loss!

2011-01-20T07:51:00.000+08:00

I lost 2 criminal appeals last tuesday. The court of appeal dismissed my clients' appeal. One was for drug trafficking charge and another was for rape. I don't care about the trafficking charge. But i care about the other one. The prosecution evidence indicated that the victim could have not gone to my client's house during the period stated in the charge. The prosecution evidence revealed that the victim was away when the rape occured. But the court of appeal judges rejected my arguments. The worst part was they didn't ask any question at all to me despite the clear prosecution evidence that favoured my client. Looking at the judges' conduct, i think it was useless for me to argue before them. It is my view that this is a case that shows speedier justice is no justice at all. Nevertheless, i have to respect the decision.

Choices!

2011-01-14T12:49:00.000+08:00

i've been using nokia phones since 2001. i did use other brands but just for a while. now, i want to switch brand. iphone4 is on top of the list, followed by Blackberry. but i have issues with both. i notice that Apple tends to release new products when its last product is still popular. for instance is iphone3 and iphone3gs. then iphone4 can't do videocall unless u're using wifi. that's a requirement for me because i like to video call my daughters once in a while. for Blackberry, i don't like its calendar function and for me, i stick with nokia E series because i love its calendar. just one touch, i can see my appointments, my court schedule and my to-do list. but both phones are great. I'M STUCK!

road less traveled

2011-01-13T11:34:00.001+08:00

I have never read the book 'road less traveled' but tonight I experienced its principle. I have taken this 'road' that leads me to less friends and less social interaction. Thus, I must face its risks. Maybe this is the privilege of being the rare specie in legal fraternity.

Outstation Work!

2011-01-08T22:33:00.000+08:00

I just hate outstation work. It can easily disturbs my mind. Being away from family and home is not a thing I like. That's the reason I have consistently rejected outstation work. Of course it's not good for business but for my mental health, I must do so.

Tough Case Toughens You, Good Case Comforts You. Choose The Former For Improvement!

First Day In School

2011-01-05T10:07:00.000+08:00

My daughter had her first day in kinder garden yesterday. I think she's in year 2 of kinder garden.

My own history of kinder garden. Hmm... the kinder garden was just in front of my house in Sembulan. It is still there. I don't think I ever finished it. I always skipped classes and I always didn't attend it. Anyway, I can only recall singing "Burung Kakak Tua" there.

Back To The Past?

2011-01-04T06:51:00.000+08:00

I had a weird dream last night. I was in the past. I was meeting this one person. It happened just like it did in the past. Strangely, I could control my decision and action in the dream. I thought I'd better change the past so my future would be different. But it didn't happen that way. Instead, a new course of facts that I never intended or thought occured. I was puzzled.

By the time I was thinking about what had happened, my alarm rang.

Happy New Year 2011

2011-01-03T06:55:00.000+08:00

I took a break from blogging because I had too many things to tell. When things were a lot, I got no idea how to write.

My resolutions for new year are simple. Exercise 3 times weekly and eat more fruits and vegetables, and get RM*,***,***.00 by December 2011. Simple, right?

London

2010-12-21T11:41:00.000+08:00

It's winter in Europe. It's not just an ordinary winter. Heathrow Airport and other major airports in Europe had to be closed due to heavy snow. It reminds me of my vacation there in January - February 2009.

No Idea!

2010-12-13T17:55:00.000+08:00

I don't know what to write since last few weeks. I won and lost cases. I took photos here and there. I went and there too. Idealess. Maybe I should upload some photos which I took recently.

A Tough Yesterday!

2010-11-23T12:54:00.000+08:00

I lost a criminal case yesterday. The court convicted my client on 3 charges and sentenced him with 36 years of imprisonment time and 6 strokes of whipping. I am obviously not happy with the result. I filed the appeal to the high court in the afternoon. I respect the decision, yet, I doubt it.

...

2010-11-10T18:21:00.000+08:00

I just wanna these 2 things :

"I'm just an ordinary person trying to do extraordinary things!"

"It's better to think you are an ordinary person doing extraordinary things instead of thinking you are an extraordinary person doing ordinary things!"

Lost!

2010-11-10T11:35:00.000+08:00

I lost a case in the court of appeal today. Strangely, the judges listened to me attentively! I was damn scared when I saw them looking at me. They didn't scold me. They didn't bully me. They looked at me as if I was their whole world. Hahahaha! At one point, I stopped talking and they stopped talking. It was a complete silent. Hahaha! When they looked at me, I continued submitting. And for the first time, I guess, I used bass tone through out my submission. I noted it in my mind. Hahahaha! But finally, I lost!

"Stand Up And Argue! That's Better Than Sitting And Thinking But Not Arguing"

Madness!

2010-11-09T07:23:00.000+08:00

I feel totally annoyed with certain people now. I was a victim of power abuse of a court official. When I reported the incident to that person's superior, I got immediate reply that the person would be advised. It seems that the person is well protected.

I wouldn't write about the incident here. It is suffice to say that I have lost respect to that person, unless that person changes and respects me and others. My incident is not the only one. There are others who suffer that person's attitude. Essentially, that person disrespects others. That person should follow other court officers who respect others in discharging their duties.

My Photos!

2010-11-05T19:34:00.000+08:00

Today, I wanna post some of my photos that I took recently.

These 3 were taken at Tg. Aru beach on 30th October 2010. We were celebrating my brother's children birthday.

These 4 were taken on the same location. It was the birthday celebration of my sister's daughter.

These 6 were taken in the middle of October around Kota Kinabalu. I used 50mm 1.8f lens.

Another Acquittal!

2010-10-23T08:39:00.000+08:00

My client was acquitted of theft yesterday. I am very glad. I trust him. He didn't commit that crime. It was RM500,000.00 theft. A big case here.

"Be Happy!"

Crazy Walking Idea!

2010-10-21T18:00:00.000+08:00

I had great fun this afternoon. With a 20kg punching bag on my shoulder, I walked around the park near my house. For 30 minutes, I noticed people looked at me differently. 1 couple smiled each time I walked passed them and 3 guys stared at me when they first saw me at the park. Hahaha!

Perhaps a lot of you don't know that I am currently on my plan to reach my ideal weight. 70 kg. I have made a special blog for that purpose to keep track of my exercises. It's just a simple blog. Check it out if have time. At the moment, I can't jog and sprint due to my knee injury. So, I'm walking a lot for 30 - 60 minutes daily.

"Never Lie To A Paid Liar!"

My Graduation!

2010-10-18T18:13:00.000+08:00

I don't remember the exact date for my graduation at IIUM. 9 or 10 October 2000. But I remember my dad passed away on 17th October 2000. Here is the point. On 9th October 2010, it was my graduation for Diploma in Islamic Studies at UMS. See the resemblances? But I didn't go for it. My classmates who took the same course were puzzled about it. I have personal reasons for not attending the graduation.

"It's Not Who You Want To Be That's Important. It's Who You Are Now That Matters"

Syawal Is Over!

2010-10-11T09:03:00.000+08:00

Syawal month has left us. We have to wait for it next year.

What should I write today? I bought a fountain pen last week. Sheaffer. I intend to beautify my handwriting. My handwriting is worst. When I write fast, I always end up unable to read it. I like calligraphy. I want my handwriting to look like calligraphy. It's pretty of course. Perhaps I should check the Youtube on how to write calligraphy.

"Being A Senior Doesn't Mean You Are Right All The Time. But Being A Junior Doesn't Mean You Can Be Wrong All The Time"

Bad Temper!

2010-10-05T20:42:00.000+08:00

I nearly lost my temper this morning. I regret it but it happened. My witness was giving evidence when the DPP asked him one puzzling question. My witness didn't understand the question, so he requested the DPP to repeat it. The question was repeated but in different form. My witness answered "Mungkin". The DPP replied "Saya mahu Setuju atau Tidak Setuju". My witness answered "Tidak Setujulah". Then the DPP asked "Kenapa tadi kamu jawap Mungkin?" I stood up and told the judge that why must the DPP questioned the answer "Tidak Setuju" when it was the DPP who required the witness to choose from the option "Setuju" or "Tidak Setuju" but later questioned the witness' answer "Mungkin". The judge then told me that the witness had given 3 different answers to a question. I said that was because the witness had answered "Mungkin" and then the DPP refused to accept that answer and wanted "Setuju" or "Tidak Setuju". It was due to this fact that there were different answers given by the witness. The judge disagreed with me. Things got hotter. I told the judge that the DPP's question was puzzling and that was why the witness requested the question to be repeated. The judge said the question was repeated 3 times. I agreed and it was because the question was puzzling. The judge then again stressed the 3 times repetitions. The judge also said that the answer "Mungkin" was my answer and not the witness. Honestly, I was totally fed up with the situation. At last I told the judge that I never coached the witness. I said that a witness must be allowed to request for the question to be repeated, or if not, he would answer blindly. In saying all these, I noted my voice was getting higher and pitchy. My face was getting warm too. At last, I sat down. I told the judge to let the DPP to be fair to the witness. I wanted to tell the judge that the DPP should be fair to my witness just like I was being to her witnesses. The situation ended when the judge repeated the question to the witness and the witness answered "Mungkin".

I respect the judge a lot. She is a very good judge indeed. But maybe she didn't get my point. I don't hold any grudge against her. She was entitled to comment on my witness. The only thing that disappoints me most is the DPP. I had been fair and had respected her witnesses through out the trial. I didn't put unreasonable suggestions or questions to her witness. Not once I misled her witnesses with tricky questions. But today, she had been unfair to my client. This incident makes me wonder - Should I give the prosecution leeway when they have a criminal case with me again? I have been complying with the procedures and ethical conducts of being fair to the prosecution and witness but yet they have not been fair to me. I guess it's time for me to show to some of the DPP (not all because some of them are professionally good to me) the traditional way of conducting a criminal trial where a defence counsel will not give any leeway to the DPP. I never ask for privilege or advantage from them. I only want them to conduct the case professionally, ethically and within the boundaries of the criminal law.

Maybe you all wonder what is the puzzling question asked by the DPP. Here it is and you tell me whether it is a reasonable question or not :

"Saya cadangkan kepada kamu bahawa kamu tidak ada mendengar jeritan seorang perempuan kerana sebelum perempuan itu menjerit, dia telah ditarik ke dalam kereta"

Now, based on the above question, please answer this. CAN SOMEONE SCREAM IF SHE/HE DOESN'T SCREAM??? If you have to re-read and re-think the earlier question, imagine my witness who had to hear the question in open court. Was he wrong to request the question be repeated thrice?

BE FAIR!

01102010152-001.jpg

2010-10-05T08:16:00.000+08:00

When I'm bored, this is what I do in my studio!

Reading Books!

2010-10-04T18:13:00.000+08:00

I am presently bringing some books from my office to my home. I need to read those books. They are all about legal practice, advocacy and voice. I think I need to overhaul my whole practice these days. I don't see any improvement.

"Being acquitted doesn't mean being innocent"

That's Me!

2010-10-02T06:21:00.001+08:00

Yup, it's me in the photo. I am a co-counsel in a drug trafficking case. My friend Chin is the lead counsel. We'll know the result whether there'll be a prima facie case or not on 1st November.

Knee Injury!

2010-09-24T20:04:00.000+08:00

I got injured again. Hmm I really hate it. It happened during a futsal game last night, 5 minutes before the game end. I was defending in front of the goalpost when I fell down with my left ankle stucked behind my right ankle. Then my right knee fell first on the ground without me stopping it either by using my hands or my left leg. It hurt very much that I went out from the cage immediately.

When I woke up this morning, it took about 2 minutes. I couldn't bend my right leg. I had to insert my right leg first into my car. It was difficult. I also had to stretch the driver seat further back to allow more space to my stretched right leg. When I went out for lunch, I borrowed my staff's umbrella to help me walking, limping.

This evening, my wife massaged my right knee. I feel a bit better now. At least, I can bend the leg a bit.

Hmm with this new development, it seems I can't run for a week. Walking is the choice now.

Win-Win Situation!

2010-09-22T18:27:00.000+08:00

I had a criminal trial today. My client was accused for causing hurt. He pleaded guilty but he wasn't convicted. I did a plea bargain with the prosecuting officer. It was a legal bargain. I informed the magistrate about the bargain. I asked him not to record a conviction. Instead, I asked for a direction under s. 173A(2)(a) of the Criminal Prosedure Code. He agreed. My client was admonished and cautioned. He left the court without a criminal conviction and sentence. The question now, was that a win-win situation?

I must say it was. The prosecution got a guilty plea, the court got to admonish my client and my client maintained his job in the government service. And for me, I was happy. I discharge my duty to the court and my client under the bound of law.

A word about s. 173A(2)(a) CPC. This section isn't applicable in all situations. Only in petty cases it applies. Be careful then.

Politics!

2010-09-20T16:53:00.000+08:00

Suddenly, I am considering of getting active in politics. Which party? I don't know though it is a fact I am an UMNO member of Sepangar branch here at Sabah.

Funny Dream!

2010-09-19T19:54:00.000+08:00

Last night, I dreamed I was appointed as a Deputy Public Prosecutor! hahaha! I was given RM5,000.00 salary per month. A present DPP showed me my office. It was next to his room. Then I met my sister. She told me my salary would be more than that if other commissions were to be considered. I started to think of handling criminal prosecution. Maybe I could be the Public Prosecutor. When I woke up, I was a bit puzzled. So many dreams but I dreamed of being a DPP. What a dream! haha

Mozart Sonata A - Major KV 331 Alla Turca

2010-09-16T19:32:00.000+08:00

I just love this song!!!

Ghost of Girlfriends Past Part 6 of 14

2010-09-16T19:18:00.001+08:00

To those guys who have difficulty finding a date, the tips in this movie will show you a way! Hahaha!

Ghost of Girlfriends Past Part 6 of 14

2010-09-16T19:18:00.000+08:00

To those guys who have difficulty finding a date, the tips in this movie will show you a way! Hahaha!

My Fitness Goal In 2 Months!

2010-09-15T10:18:00.000+08:00

70 KG!

Forget 6-pack abs, forget big biceps, forget wide chiseled chest, forget broad shoulder. All I want to achieve now is to be healthy. And to get that, my ideal weight should be 70 kg. It doesn't mean I'm not healthy with my current weight. The main thing here is "ideal weight".

The Dangerous Life Of Being A Lawyer!

2010-09-14T07:53:00.000+08:00

The recent murder case of a cosmetic millionaire proves to be an eye-opener to all about the dark side of lawyers. The police believes a lawyer masterminded the murder. Investigation further reveals that the lawyer may have connection with few unresolved murder cases of lawyers. It's truly scary.

Penang cops to reopen unsolved murder cases

Selamat Hari Raya 2010!

2010-09-09T09:56:00.000+08:00

Tomorrow raya! So, to all muslims, this is my wish :

SELAMAT HARI RAYA AIDILFITRI!

MAAF ZAHIR & BATIN!

A Prima Facie Case

2010-09-07T10:01:00.002+08:00

I felt down yesterday. The sessions court held the prosecution had established a prima facie case against my client on 3 charges. I believe my client; he didn't commit the crime. I pointed out to the trial judge about the lies, and inconsistent and contradicting evidence of the victim. But now the decision proves that those matters are minor only. I had to tell the client what would happen next. He must testify under oath and tell the truth.

A prima facie case is essentially a case where the prosecution evidence is sufficient to convict the accused if he elects to remain silent. By the way, if there is a prima facie case, an accused person has 3 options. One is to remain silent, two is to give statement from the dock and he won't be subjected to cross examination. Three is to give evidence under oath from the witness box but he'll be subjected to cross examination. If the accused remains silent, the court will straight away convict him. If he chooses to give statement from the dock, his statement has only little value, but the court will still consider it. If he chooses to give statement from the witness box, his evidence is given extra weight and the court must consider it.

Through out my years of practice, I have experienced those 3 options. It's never easy to let your clients choose one of those options. Some may think they are good in the witness box, so they let themselves open to cross examination. In the end, they end up talking bullshit to the judge. Some think the evidence against them are so weak that they choose to remain silent. But to their surprise, the court convict them. And some can't think for themselves, so I step in. I prefer not to choose those options for my clients. I only advice them what is best for them. Usually, they listen to me.

"If You Lose, Face It!"

You jump, i jump!

2010-09-03T20:19:00.002+08:00

My daughters with their stunt!

My Daughter's First Kad Ucapan

2010-09-03T11:49:00.000+08:00

Hahaha I couldn't stop smiling when I received the image from my wife. My daughter wrote the words in her class, I guess. She can write now! Hahaha

Facebook?

2010-09-02T21:00:00.000+08:00

Honestly, I prefer blogging than facebook. I still have my facebook account except I seldom update my status. I just look at my friends's status. I find some people take things to seriously in facebook. I hate that. Facebook should be fun. Just like blogging, twitter, myspace and friendster. So, we shouldn't take what people say in facebook too personal (except they defame you!). I see some people like to preach, some like to do marketing, some like to show their photos, some like to say something funny, some like to just tell the world what they're doing, some just want to get attention, and everything else in facebook. There's nothing wrong with that. Personal preference I'd say. For me, facebook is an entertainment. Enjoy it and have fun. But facebook does not help me with my English. It only helps my general knowledge. Blogging does (No offence to facebook). And 1 more thing. Not many people read what I write here! So I can write whatever I want! hehehe

"If You Don't Enjoy Yourself, Don't Blame Others!"

Bankrupt Lawyer, Lying Lawyer & Pretty Lawyer!

2010-09-01T18:54:00.000+08:00

I was drafting a criminal motion when I saw my friend's name appeared in the Yahoo chat. I said "hi!" to her. She replied. We chatted for about 40 minutes. Within that period, I got to know a lot of things about lawyers in the town. Before today, I knew there were only 2 lawyers being an undischarged bankrupt here. But now, I know there are actually more than that. Then, I know about lawyers who lied to my friend. Lawyers lying to lawyers. An interesting fact but an annoying attitude!

About these lying lawyers, I pity my friend. A client went to see her firm. That client lost a trial and instructed his (I don't know whether the client is a male or female. But for convenient sake, I just use masculine term here) lawyers conducting the trial to file an appeal. But his lawyers never did so. And worst, the lawyers never told him so even after the period for filing the appeal had lapsed. This client never knew about this until he went to my friend's firm. It was then he found out about the failure of his former lawyer to file the appeal within the prescribed time. Why do I pity my friend? Because it's never easy to explain to clients about a lawyer's misconduct when you yourself are also a lawyer! But the fact remains, she's a pretty lawyer in town!

"Lying About The Fees Is Better Than Lying About The Case!"

Happy Merdeka!

2010-08-31T11:40:00.000+08:00

It's 31st August 2010. It's the independent day for Malaysia. A day that all Malaysians should cherish. No matter what some politicians say about it's either 31st August or 16th September, this is the day that the world acknowledged the independency of a country. Though I am Sabahan, I have the view that if Sabah didn't join Malaysia, Sabah wouldn't be what it is now. I agree that the terms of 20 Points are still relevant today but I appreciate the fact that if it wasn't the formation Malaysia, Sabah wouldn't be able to achieve what it has now. I understand if people disagree with me on this point. That's their views and they are entitled to them.

For today, it's Independent Day. Though I am at home, I believe that this is a very important day to Malaysia. If you want to know how important it is, try this. Get into a public bus. If the bus goes to KLCC, ask the bus driver to go Mid Valley. I'm sure he refuses because he is bound for KLCC. And you as a passenger must follow that route to KLCC. At last, you have to go to KLCC too. If you want to go to Mid Valley at any time, you have to use your own car. With that car, you can go anywhere you want. That's independent. Stupid analogy, right? hahaha!

"TALK A LOT BUT DO LITTLE. THAT'S A SIGN YOU'VE FUCKED YOURSELF!"

Finally!

2010-08-30T09:43:00.000+08:00

Yeah! I've finished the written submission. Now i realize that I just completed 3 submissions in a big 1 submission! That's a challenge for me. I can relax this afternoon; go back and enjoy the day with my family! Yeah!!! By the way, happy Merdeka to all Malaysians who read this post!

"A Small Action A Day Is Better Than A Little Excuse Everyday!"

Long Trial, Short Submission!

2010-08-28T17:02:00.000+08:00

Currently, I'm drafting a submission at the end of prosecution case. My point is that the prosecution evidence fails to prove the ingredients of 3 criminal charges (My client is charged for s. 347 Penal Code (confining a person), s. 376 Penal Code (for rape) and s. 377C (oral sex). I could finish the submission in a day in one sitting but I fear the trial judge wouldn't understand my points. So, I've spent a week on this submission. I plan to make my points clear by making short sentences and short paragraphs. That would certainly make the submission shorter. Will the trial judge understand my points. I hope so. I'll file this submission on monday. That's why I've been sitting her for hours (since morning). As usual too, I wouldn't want my submission to be of low quality. For that, I try to ensure the grammar is correct, at least. I understand that my vocabulary is still terrible.

"Only You Can Be You!"

Pro Bono Case

2010-08-27T19:02:00.000+08:00

Pro bono means you represent a client for free. That's my case today. The Sabah Law Society appointed me as a pro bono counsel in 2 criminal appeals. In both cases, the accused persons were acquitted at the end of their respective criminal trials. Today is the hearing of the prosecution appeal. The prosecution nevertheless withdrew 1 appeal and proceeded with the other one. I argued about 30 minutes. The result - The appeal was dismissed by the High Court. I can be safely said to have won the appeal!

"Lie Once, You Are Forgiven. Lie A Lot, You Are Shit!"

"Last Question, Your Honour!"

2010-08-25T22:28:00.000+08:00

I had a continuation of a criminal trial this afternoon. It started around 2.20 pm. It was before a magistrate. The DPP informed me earlier that she would only spend about 15 minutes with the last prosecution witness. I was glad to hear that. So the trial commenced. 10 minutes, 15 minutes, 20 minutes, 30 minutes, 60 minutes .... at last, the examination in chief questioning ended around 5.00 pm. That was more than 2 hours! Far from the 15-minute promise. At one juncture, the magistrate asked the DPP, "Are you going to be long?" She answered, "1 last question, Your Honour". But the last question became semi-final question, then quarter final question and lastly, more questions! This happened not once, but twice today. I just smiled though I was terribly annoyed with such conduct.

"Love or Be Loved; But Be Honest!"