Wednesday, March 20, 2013

PAGI PAGI BACA SURAT KHABAR, SAUDARA SAUDARI APA KHABAR?

Assalamualaikum semua kenkawan,

Apa khabar semuanya?

Semoga semuanya berada dalam Lindungan Allah SWT dan sehat-sehat belaka hendaknya ya... aminnn

Last week was a busy week for Mokcik sampai tak sempat nak menjenguk pondok Mokcik ni. Hari ini baru berkesempatan membersihkan sawang2 dengan sedikit update.

My task last week was firstly, to oppose to an application for leave to appeal to Court of Appeal.  In the afternoon,   the role was reversed. I am the applicant on behalf of my employer of course hehehe.


Palace Of Justice


For the benefit of those not familiar with the court procedure, let me give an overview. Every appeal to the Court of Appeal which emanate from the lower Court must get leave. Appeal against the High Court decision must get leave if, the claim or the judgment sum is less than RM250,000.00. This is provided for under s. 68 of the Courts of Judicature Act.



 
Going to battle in front of a three panel Judges is a daunting task. The most important maxim that our bosses have told us over and over again..


  • Arrive early
  • know your judge
  • know the facts of your case inside out
  • know the law applicable
  • know your opponent
  • make sure you are not hungry - otherwise you cant think fast enough

The Team


When i saw the list of the panel sitting for the morning session..I was a bit relieved. I have appeared before them several times, more or less, i can anticipate the question they will ask. All we have to do is  prepare oneself according to what they want us to 'give' them. Sometimes, it can be a battle of wits between the two counsels and one must be able to gather one's wits quickly to win the judge. 


Masjid Putra Putrajaya
 I was most relieved when i heard the Judge said, "Ok. We are not with you. Application dismissed. Mokcik, kos? Tak payahlah ye.." Sambil tersenyum kat Mokcik. . I took the cue and responded, " Much obliged My Lord, My Lady".

Alhamdulillah, we succeeded to stop the other party from appealing further to the Court of  Appeal eventhough, as usual, there is no order as to cost whenever the case involve the Government.  

Sabar menunggu... sambil memerhati gelagat peguam2 dalam Mahkamah


In the afternoon, a different panel was presiding. I have appeared before them in normal appeal cases. Not in an application for leave cases, though. While submitting my submission to the Deputy Registrar on duty, he enquired, "Would you like to be called first puan, since you are representing the government?"

"Hmnn...Thank you but i would prefer to be called according to the list."

Laugh..

"Ye la mana la tahu kan. Kita pun faham peguam persekutuan kerja sampai malam."



Balik malam katanya hahahah... kalau balik awal memang anak buah pelik. Cik abe pun macam tak percaya kalau Mokcik muncul kat pintu rumah sebelum jam 5.30 petang hahaha...


It was actually a wise decision. hahaha... I wanted to see how the corum would handle the leave application. Remember...you must know your judge!   

Before long, it was my turn.

"This is an appeal from the decision of the High Court, counsel?"

"Yes, My Lord, My Lady"

"Let's hear from the Respondent. Mr. *tooott* do you have any objection? It is our view that an appeal from the High Court should be given chance to ventilate in the appellate court."

"We are objecting Yang Arif. They are only appealing against quantum."

"Yes, i know. why are you objecting?"

bla bla bla...

Finally, the Chairman said, "We unanimously allow the application with no order as to cost."  

That is good enough for me, alhamdullillah.


I normally don't have any appetite to eat before going to Court. After the case is over, it's a different story. One must reward oneself, regardless of the outcome. What matter was I did my best and my conscience is clear.


I think i deserved a bowl of Char Kuay Teow and a glass of Iced Milo


That was on Friday..another case to be tackled on monday..it was a full hearing before the High Court Judge. Done and over with it yesterday.. another date given for us to submit.


Kompleks Mahkamah Kuala Lumpur Jalan Duta , courtesy of Google, credit to the photographer

While waiting for the case to be called.. hahaha..

Now Mokcik is concentrating on the cases next week..this time it requires flying...

I am flying...I am flyingg...


Where to??

Tungguuu....hahaha..

Work cum holiday coz next week is school holiday..yessszaaa...







I am thankful to Allah for what i have.. it is stressful but one has got to do what one expected to do



At the end of the day, no matter how stressful it is, bila pandang wajah manis senyuman Baby Muaz, terasa terbang segala masalah yang membelenggu
Muaz at 7 months..dah ada sebatang gigi, patutlah suka benar menggigit semua benda yang dia jumpa hahaha... sudah pandai mengengsot ke depan dengan lajunya..

Bila dia dengar pintu rumah dibuka dan nampak wajah Umminya masuk..dia segera senyum dan gelak bila diangkat.. SubhanAllah..


Have a beautiful day ahead dear friends..

11 comments:

  1. Replies
    1. Salam Kak Erna..hehehe..masa-masa macam inilah yang kita akan terindu2kan bila anak2 dah besar kelak, kan kak?

      Delete
  2. ini pantun
    'mek ani dalam pantang
    saya datang'
    hihi

    muaz...ciom sikit

    ReplyDelete
    Replies
    1. Salam Irfa..adus siap berpantun dua kerat ya..hahaha..

      naik kereta, naik keretapi
      sudah singgah, jemput datang lagi

      hehehe

      Delete
  3. Hi Mokcik, every time I read of your exciting court cases brings to mind I gave up studying it once upon a time. When came to study those Latin stuff....habis cherita!
    I guess not my fate to bang mejah point finger at ceiling, "Objection"! In court.
    Hah! With my sebelum Merdeka bahasa, the Hakim will call for recess few times...and ask someone to get a Malay dictionary published in 1955. Ha ha ha.

    Very interesting reading, Mokcik....
    By the way, I tengok the gambar try to guess which one is you. Obviously not the one with that red dot on forehead. Cannot guess. Then looked at bottom pic of your shoes, ahahh!
    I chepat lari balek atas, checked....hey, tada tu kasut? You changed it ke? Ha ha.
    Shhhhh, which one you?

    Anyway, here some smiles for you...
    Q: What do you call a lawyer who doesn't chase ambulances?
    A: Retired.

    Q: How many lawyers does it take to change a light bulb?
    A: Six. One to change the bulb and five to write the environmental impact statement.

    Q: What do you call a smiling, sober, courteous person at a bar association convention?
    A: The caterer.

    Q: Why are lawyers like nuclear weapons?
    A: If one side has one, the other side has to get one. Once launched, they cannot be recalled. When they land, they screw up everything forever.
    Have a nice day. See you in court.
    Lee.

    ReplyDelete
    Replies
    1. Hello Lee...

      hahaha..I think it is fortunate for us that you chose to forgo Law Lee..Kalau tidak, i think all of us will be having " malam tidur susah mahu datang" syndrome everytime we have a case against you.. Pasal Lee kan kuat main wayang, so one has to be always alert so that tak kena main wayang in court by you hahahha

      Hahaha..about the shoes..hahaha..the truth is, the story and the pictures accompanying it are not contemporaneous.. *wink* hahaha.. just to kasi cantik itu cerita la Lee..put all the pictures taken from different occasion ehemmm...

      Love the jokes about lawyers hahaha..certainly brighten up my day :)

      here's one which actually transpired in Court last week:

      Judge: Why are you objecting?

      Defendant's Counsel: We are saying that the Plaintiff actually langgar a lembu, not with the Defendant.

      Judge: So? Sue the lembu and bring as third party lah!

      everybody in court broke into laughter hahaha... it's always good to have a judge with a sense of humor..hehehe..if not all the lawyers cepat 'say good bye to the world' sebab darah tinggi or heart attack.

      Ok Lee...selamat bermimpi yang indah2 Lee..jangan sampai jatuh katil hahaha

      Delete
  4. jangan tunggu lama lama untuk update

    ReplyDelete
    Replies
    1. PB...the will is strong, but the flesh is weak hahaha..

      Delete
  5. Hi Mokcik, ha ha, love that court humour. I always appreciate people or circumstances where there's humour to lighten up people, rather than causing tension and stress.
    I for one dislike giving or making stress for my employees before.

    And I think I'm one of the very few bosses who never call employees at their home, nor after 5pm.
    Infact I don't even know where they live or their phone numbers.
    We are all human, chari makan, kan?

    Ha ha, ya la, if not for that Latin law, I tentu join the legal profession...and go for criminal law.
    Have a nice day, senang drop by.
    Lee.
    ps, A lot of computers now have smoke coming out....mine almost blew a fuse. Al had to mandi ayer sejuk. Why? Check out one of the comments in my pondok...
    I guarantee you will raise 2 eyebrows.
    Kita ketawa belum berenti lagi....

    ReplyDelete
    Replies
    1. Hello Lee...i miss la your april fool's entry tu. Kalau i baca earlier, surely kena one...haha..what with Jully and Uncle Al's acting, really believable... hahaha..

      Ya la..untung ada judge yang ada sense of humour kan..after all, our work is already very stressful, why make life miserable right? better add some humor into it without forgoing justice..hehehe

      ya lorr...luckily you chose to pursue SYTs instead of Law ..oopsss...hahahha, tentu susah la kami cari makan hahhaa..

      Ok Lee stay young at heart hehehe..

      Delete
  6. Itulah Azwa untungnya ada Muaz, stress pun bila pandang muka dia release terasa kan...

    Fly to where?

    ReplyDelete