Monday, April 09, 2007

Without fear or favour (Season 2) Part 3

Contributed by Rtr Harnniann


For the benefit of new readers, here are part 1 and part 2.



I was not the only lawyer in the courtroom. There were another two sitting on the seats reserved for lawyers.

I pulled out a chair next to one Chinese lawyer who appeared to be in his late 40s. The reason of me sitting next to him was not to make new friend but to learn from him at light speed everything about Remand Order. But I could not act like a stupid ignorant young lawyer cause that will give Andy extra stress thinking that the only friend who could help him right now was actually not knowing what he was doing (which happened to be the truth).

I broke the ice by introducing myself. His name was Kwok. Acting like I was frustrated to be dragged into the court at this hour by my client and pretending to be a seasoned criminal lawyer, I said, “I hate doing Remand Order, simple thing but have to wait so long, wasting time, don’t you think?”

Kwok was trying to be polite, “yeah, but that’s what we do. No choice”

“What’s your case about?” I started my pursue on digging knowledge out of him.

“Oh, my client was accused of assaulting his neighbour. Stupid case. It was just the normal fight between neighbours.”

“Yeah, stupid I know, but when was your client being detained?”

“Since last night around 9pm”

“How long the police want to remand him further?”


Kwok looked at me very strangely.


Oh! That was a very stupid question! I immediately regretted asking it. The police will not tell you in advance for how long they want to further remand the suspect, they will also not tell you why they want to remand him. You will only find out when your matter is called up and the police present their papers to the Magistrate. That question really made me looked like a rookie.

I saw a copy of Criminal Procedure Code inside Kwok’s briefcase then I realised I hadn’t got the opportunity to read the exact wordings of section 117 which deals with Remand Order. I came to Klang court straight after a meeting in Petaling Jaya, I hadn’t had the time to get back to my office library to do the necessary research.

It was rather shameful to ask a fellow lawyer for a copy of the Criminal Procedure Code in court as it was basic rule that all criminal lawyers should have studied the sections like the back of their hands.

Nevertheless, I had no choice but to ask Kwok if I could have his Criminal Procedure Code for awhile.

I have not touched Criminal Procedure Code since I finished my CLP exam.

The Chinese proverb is very true: you only realise you have not acquired sufficient knowledge by the time you need to apply it.

I speed read the relevant sections at the same time trying to digest its meaning. It was not a pleasant job. The feeling was like entering the exam hall only to find out you had missed out one important chapter which the teacher had earlier hinted that substantial questions will be coming out from there.

“Lagi 5 minit, Tuan Majistret akan keluar, siapa ada handphone tolong padamkan” the bailiff shouted.

Five more minutes?

I turned and looked at Andy who was staring at me. He was so helpless. To make him feel better (and indirectly also make me feel better), I nodded at him and put up a “ok” sign, in a very ironic way, telling him everything was going to be alright.

Just when I tried to chew up more sections from the Criminal Procedure Code, I heard the bailiff shouted, “Court! Bangun……”

The Magistrate had come out from his chamber.

Whoosh! In the courtroom there is no room for weakness and timidity. Someone’s liberty was at stake and I was entrusted to safeguard it. I felt my shoulders heavier and my stomach turned upside down.

(to be continued)

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2 Comments:

Blogger Feldman said...

Wow, IPP.. so many to be continued.. Can share with us how many parts are there? Its like chasing the series "Heros" without knowing how many episodes, later like the chinese shows got hundreds hundreds then we die of curiosity.

Tuesday, April 10, 2007 8:54:00 am  
Blogger harnniann said...

sorry Prez

I promised part 4 is the finale but I guess I digress too much.

maybe part 5 is the final, but then, who knows?

Tuesday, April 10, 2007 10:56:00 am  

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