LAWYER SWALLOWS ANOTHER LAWYER

As the New Scientist explains, Wobbegongs, aka carpet sharks, are silent predators, waiting at the bottom of the ocean floor for their prey to pass by
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 The above is what usually happens
(1)when the lawyers are half asleep in Court
(2) when the file papers are not in order
(3) quoting irrelevant cases in their submissions
                                                   

Thought for the day.

Prepare your argument strategy and compile the facts before addressing the Judge. If you can persuasively demonstrate to the Yang Arif -the main battle is done.Leave the decision  to the Judge.After this you are free-even if you lose you have done your part.  
Some advice from a Senior litigation lawyer I met in Court today.
P.S. For me personally, losing is always accompanied with a bad feeling. I try not to lose, but  sometimes Clients lie to us when we ask  the relevant documents.[of course, before filing the Summons, they are always apt to say that they have the possession of the relevant documents...but when the time comes to file the Bundle Of Documents- then suddenly it is "missing, misplaced or simply-sudah hilang- I  already buat laporan polis".

The safer approach would  be not to fall for the Clients Crap.Insist on getting all the relevant documents BEFORE filing the Summons. This is the only (?)way to avoid an angry quarrel with your Client later on.

WISHING YOU MANY GOOD HOURS IN THE LIBRARY FOR THE YEAR 2012.

EUROPEAN CONVENTION ON HUMAN RIGHTS

ARTICLE 6 (1)

 In the determination of his civil rights and obligations or of any criminal charge against him, every one is entitled to a fair and public hearing within  a reasonable time by an independant and impartial tribunal established by law. Judgment shall be pronouned publicly but the press and the public may be excluded from all  or part of the trial in the interest of morals, public order or national security in a democratic society, where the interest of juveniles or the protection of the private life of the parties so require,or to the extent strictly necessary in the opinion of the Court in special circumstances where publicity would prejudice the interest of juctice.

Notes

The driving force of a modern Goverment must be Goverment by Law not Goverment by man. While Administrative Law is conceptually distinguishable from Constitutional law , the link between the two is marked.

page 8  Administrative Law in Malaysia-- Wan Azlan Ahmad
                                                             --Nik Ahmad Kamal Nik Mahmod

THE CRIMINAL LAW JOURNAL-1953

"IT IS AN AXIOMATIC TRUTH BORNE OUT BY THE POLITICAL HISTORIES OF VARIOUS COUNTRIES THAT A CITIZENS FREEDOM CANNOT BE SAFE IN THE HANDS OF THE EXECUTIVE OF ANY STATE HOWSOEVER BENEVOLENT AND THAT THAT FREEDOM CAN ONLY BE PROTECTED ONLY BY THE LAW COURTS AND THE JUDGES OF THE STATE UNLESS THEY ARE  THEMSELVES SUBORDINATED TO THE EXECUTIVE."

The above statement was made by Sri Thakur Prasad Dubey , Distrcit Judge, Azamgarh, Uttar Pradesh.in the year 1953.That was a very long time ago and many theorists still have reservations about unfettered political power vested in the Executive.Thus the emergence of Human Rights Lawyers.The line between the elected Executive and the unelected Judiciary is sometimes filled with tension- and there exists a no man's land in between where the legal "lets dance" between the Executive and the Judiciary takes place.

LORD CHIEF JUSTICE HEWART

R V SUSSEX JUSTICES , EX PARTE  Mc CARTHY [1924] 1 KB 256

"It is not merely of some importance, but is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done."