The time I saw a law book fly
It happened one morning in the Jalan Raja Sessions Courts. I was in my early years of practice; second or third year. The judge that presided over the court I appeared in was known for his eccentric and erratic behaviour. He would try to sell his magistrates and sessions court decisions to any unwitting and soft-hearted lawyers. His desire to distribute his trove of treasured judicial thoughts however lost out to his desire for compensation for imparting them. They were not cheap, as I recall, especially for new lawyers like us. I thought the attempt tragic. A Magistrate or Sessions Court’s judgment are worthless as precedent, unless affirmed by a High Court and Court of Appeal that wrote no grounds. His judgments were over matters mundane and the writing torturous. He was not some wise guru judge that got lost in the system and was dispensing wisdom in pithy profound written judgments in the subordinate courts about life, law and litigation that would go on to influence and revolutionize the Malaysian judiciary’s jurisprudential paradigm for the next five decades. It was nothing like that. There was no value to them. One did not get it with a classy brass clip to bind the individual judgments, which were hastily stapled, together. He was not discrete about it either. We didn’t mind so much when he announced its availability from the bench in open court. What we dreaded was being called into chambers and being hard sold the collection of his greatest hits. We newer lawyers were particularly vulnerable to this. I escaped a few times on the pretext I didn’t have enough cash on me, which actually was true, so it actually wasn’t a pretext. My salary and expenses back then was like warm rain on hot asphalt which evaporated on contact. Still feels like it, except the asphalt is now on fire and there is less rain. My matter before the judge had to do with a goods sold and delivered claim. There were two applications fixed for hearing that morning. The first was the Plaintiff’s summary judgment application, which I was moving. The second was the Defendants’ application to transfer the case to another state. The first order of the day was to decide which application was going to be heard first. As someone that batted for both sides of the debt claim game, I knew the transfer application was strategic. It was meant to delay the inevitable judgment. Back then, if you obtained a transfer order of the case to another state, you would have bought the case at least a year’s worth of delay, often more. I once had a case that was transferred from Kuala Lumpur to Kuching and took three years and one file reconstruction before it made it across. The plaintiff or the plaintiff’s lawyer’s may lose interest; if you were lucky the case would die a silent forgotten death in the purgatory between courts. The judge stood down our case after it was first called up since it was a disputed matter. The court’s usual order of business is to first deal with case managements, uncontested applications and deliver decisions before hearing disputed matters for the rest of the day. He called up our case after settling the morning’s first order of business. “There are two applications fixed for hearing, I want you to address me on which should be heard first. I don’t want you to go into the merits of your applications. No referring to the application or affidavits. Just confine the arguments to which should be heard first and why,” directed the judge. “Plaintiff.” “Tuan Hakim, I have three arguments. First, we filed our application first. Second, our application is for summary judgment. If Tuan Hakim decides it in our favour, the transfer application is academic. Third, there is no prejudice to the defendants if our application is heard first. They have retained lawyers in Kuala Lumpur to act for them. I ask for the summary judgment application to be heard first.” The opposing lawyer was a chinese lady who was of the same vintage as me, if not a few months ahead. She got to her feet. “Tuan Hakim. The defendant’s submission is that the transfer application is to be heard first before the summary judgment application because it is the latest application filed. Further, it is better if the other court hears the application instead of this court because if the summary judgment application is dismissed, it will can go on to hear the trial,” she droned on then suddenly quickened, “Some more, all the defendants are in Ipoh…..” I stood up. “Tuan Hakim. With respect, I object.” “Why?” I was taken aback. Didn’t he just say we were not supposed to do that? “My learned friend is referring to the facts in her transfer application. Tuan Hakim said we are not supposed to do that.” “Ha? Okay, no referring to your application, counsel.” “Very well, Tuan Hakim. As I said just now, the defendants are in Ipoh, the goods is bought in Ipoh, the delivery is in Ipoh…” “Tuan, Hakim, I am sorry, I have to object.” “What is it now?” “My learned friend continues to refer to the facts in her transfer application. She is not supp…” “Encik Fahri, she’s making her point. I gave you the earlier objection already. Now you want another one? Enough lah. Let the girl finish her point lah. Sit down.” I sat down. “Thank you, Tuan Hakim,” she said with a hint of smugness. “All of the events is happened in Ipoh, Tuan Hakim. So the case should be heard there. Tuan Hakim should leave it to the judge in Ipoh to decision. My next point, Tuan Hakim, is that the plaintiff’s summary judgment has no merit. If Tuan Hakim were to ..” I jumped up. “Tuan Hakim! I object to this line of submission. My learned friend is dealing with the merits of the application.” “She did not
