Category Archives: Legal

God damn CLP results

I couldn’t sleep well this morning. Calls started coming in at 10AM. Everyone seems to be hyped out about the legal examination results, which came out this morning.

I, on the other hand, was stressed. The jam in Kuala Lumpur didn’t help at all. My heartbeat went berserk as I travel to the examination board. My friend made it worst by telling me that his friend failed the exams.

The results were displayed at a notice board, with names of people who passed and those with a conditional pass (that means failed one paper, need to resit the failed paper). Guess what I got?

I got a f*cking conditional PASS ARGHHHHH

However, my overall results were good. I got A, B, C and P (pass) for my other 4 papers. I failed my Civil Procedure. It was one of my strongest subjects but yet I failed it. It could be due to the incident I had few hours before exams (where I vomited and became drowsy in the exam hall). I am deeply disappointed.

The good news is that I’m one of the rumoured 19% who passed this year.

Oh well, resits will be held next month. I’ll bury myself with notes till then.

f*ck.. I dont want my A, give me a P for my civil procedure!!

Excuse me while I stab myself. *stab stab stab* *blood splatters all over the room*

First day of CLP exams

Thank you everybody for the wishes. I�m sorry that I didn’t reply to the SMSs as I was already asleep by 10pm!

My day didn’t start off well. At 3AM, I woke up with food poisoning. I vomited like farkkkk. It was so bad till I couldn’t drive or eat breakfast.

My tenant then gave me some painkiller and something to control my bladder. It helped a little bit during exams but I was so fucking drowsy. At one point, I wanted to drop my pen and sleep. Fortunately, I held on and managed to finish the paper.

I don’t know why but I had an extra hour after I finish my paper. Its either that I’m damn good or I left out a big portion to write. But overall, I think I’ve done well.

I slept the entire day after that. I was supposed to study but I felt that my brain was damn dry. Dehydrated I think.

God damn the special pork chop rice, or mm… the water melon juice. I shall never have them again.

Canny 0ng

The man now on trial in the High Court for the rape and grisly murder of Canny Ong confessed that he killed her by stabbing her twice in the stomach and leaving her to bleed to death in a manhole.

The 10-page confession, made by Ahmad Najib Aris to a magistrate on June 21 last year, one day after his arrest, was read out in the High Court yesterday, and has been accepted as evidence.

Ahmad Najib’s 10-page confession was read out in the High Court after it was accepted as evidence by the presiding judge.

The 29-year-old aircraft cabin cleaner supervisor is accused of raping and murdering Canny at the 11th km Old Klang Road between 1am and 5am on June 14 last year.

Translation of Ahmad Najib Aris’ confession as taken down by the then magistrate Muhamad Rushdan Mohamad (Long text, but recommended read, if too lazy just read the bold letters)


Ahmad Najib and Canny Ong

IT WAS about 11pm to 11.15pm on Friday, June 13, 2003. I had gone to the Bangsar Shopping Complex to seek someone whom I had wanted to take revenge on.

Once I reached there, I walked from the first to the third floor. At about 11.30pm, on the second floor, I bumped into the person whom I suspected was the one I was looking for.

I tailed the Chinese woman for about 20m while she was heading to her Proton Tiara. She opened the door next to the driver?s seat and took something from the front passenger seat.

I pushed her and she fell onto the seat. I entered the car and sat on the driver?s seat and verbally threatened her to be quiet.

She was trembling with fear but obeyed my instructions. I drove the car from the second to the first floor and through the parking boom bar and headed towards Subang airport near Saujana.

I stopped the car at a bright spot where many cars were passing.

I struck a conversation with her and tried to refresh her memory to find out if she could remember me. She told me she did not know me.

I then checked her passport and found out that she was residing in America. I became confused as I had abducted the wrong person, but who looked very much like my target.

I talked with her with the intention of letting her go, but a motorcyclist came near our car and started knocking at the door.

The Indian man flashed his so-called authority card and ordered me to hand over my identity card and that of the woman.

I asked him to show me his authority card again so that I could see it clearly. When he refused, it struck me that he might be an impostor.

When he ordered us to get out of the car, I feared something might happen, and when I asked the man to return the identity cards, he refused, and I drove off.

Before I drove away, the Indian man managed to puncture the front right tyre of the car. I drove towards Subang Jaya with the woman. I stopped at Subang Jaya Shopping Complex and got out of the car to find that the tyre was punctured.

I continued towards Sunway Pyramid and finally parked the car at a construction site near the Taman Datuk Harun KTM Komuter station where the woman and I had a quarrel. At that moment, I felt that our relationship was like that of close friends.

We sat in the car for about five minutes before I jokingly asked her if she wanted to have sex with me. She became very quiet. I then took a knife out from below my seat and put it on the speedometer without making any threats against her.

She then agreed to have sex with me. I told her to climb over to the back seat and I followed.

We engaged in a sexual relationship which I thought was with the woman?s consent because she did not cry or show her anger. But shortly after having sex with her, I felt scared. I reached for the knife that I had placed on my foot. It was not my intention to stab her. She was wiping her lips with a piece of tissue paper and suddenly put up a struggle. I got a shock and stabbed her twice in the stomach.

I was stunned. I realised that she was still alive. Suddenly, I saw a man with a piece of wood in his hand coming towards the car. I climbed back to the driver?s seat and drove to another spot nearby. There I helped the woman put on her pants and blouse.

I told her not to move a lot because she was bleeding profusely. We spent 20 minutes in the car. Fearing that I would be spotted by passing patrol cars, I carried the woman to a barricade next to the car. The (height of the) barricade reached me above my chest.

I placed her on top of the barricade and I sat resting with her. She was still alive then, and I told her that I planned to send her to a hospital.

Before I went back to the car, I tied her hands and feet and gagged her mouth so that she could not move or scream.

Just before that, I saw a van and a red car stopping beside the Tiara. I leapt into a manhole and peeped at the two men while they ransacked the Tiara.

About five to seven minutes later, the two men drove their vehicles away and I went to the Tiara. I saw that they had taken the woman?s belongings such as her handphone and handbag, in which I suspected all her valuables were kept.

I was disappointed as I had intended to use her money to send her to the hospital.

Now, without the money, I could only keep her company where she was lying. I could not do anything except ask for her forgiveness.

I told her to go to heaven and pulled her down from the wall (barricade). She was almost lifeless (nyawa-nyawa ikan) by the time I shoved her into the manhole.

Before leaving her, I held her hand and apologised again. I told her I would burn her remains. She stared at me and just then the cloth which gagged her mouth came off. She told me to leave her alone. She said she would rather be left there as she was going to heaven.

I left her and covered the hole with a plank. She did not show any reaction. She did not scream or struggle.

I then drove the car about three kilometres and hid the car there. I walked towards a petrol station and threw the knife away.

I stopped a taxi and went home to Pantai Dalam. It was already about 6am to 6.10am on Saturday.

The next day, I bought two bottles of petrol and at about 11.30pm to midnight, I returned to the spot and removed the plank covering the manhole. I wept. I held her legs and hands and asked to be forgiven. I then sought permission to burn the corpse before leaving the scene.

My opinion
Ahmad Najib is charged under s302 of the Penal Code which carries a mandatory death sentence if convicted. Hence in order for Ahmad Najib to be convicted the prosecution must prove that Ahmad Najib intentionally killed or cause grievous bodily harm over Canny Ong. However,

I reached for the knife that I had placed on my foot. It was not my intention to stab her. She was wiping her lips with a piece of tissue paper and suddenly put up a struggle. I got a shock and stabbed her twice in the stomach.

Based on the confession above, Ahmad Najib claimed that he had no intention to kill her and acted on self defence. Therefore, if his confession were to be taken as it is, Ahmad Najib would only be guilty of manslaughter which only carries a maximum imprisonment of 20 years (s304A) or 10 years imprisonment (s304B).

I guess the public’s opinion is to impose death sentence for such inhuman act. However, the law does not provide for death sentence over manslaughter. Hence, don’t be surprised if you see Ahmad Najib being sentence to jail rather than being hung for it

[Edit: Ahmad Najib’s death sentence was upheld in the Federal Court. See grounds of judgement here]

Anyway, HAPPY BIRTHDAY TO MY GUESTBLOGGER, GALFERARI AKA DIMSUM AKA WAN SAN!!

Lawyers!!

The following was sent to my Inbox earlier, hoping to share a good laugh with all you visitors!

These are the things people actually said in US courts, taken down and published by court reporters – who suffered the torment of trying to keep straight faces while these exchanges were taking place. Some of these are excellent; don’t miss the last one.

Q: Are you sexually active?
A: No, I just lie there.

Q: What is your date of birth?
A: July fifteenth.
Q: What year?
A: Every year.

Q: What gear were you in at the moment of impact?
A: Gucci sweats and Reeboks.

Q: This myasthenia gravis, does it affect your memory
at all?
A: Yes.
Q: And in what ways does it affect your memory?
A: I forget.
Q: You forget. Can you give us an example of something
you’ve forgotten?

Q: How old is your son, the one living with you?
A: Thirty-eight or thirty-five, I can’t remember
which.
Q: How long has he lived with you?
A: Forty-five years.

Q: What was the first thing your husband said to you
when he woke up that morning?
A: He said, “Where am I, Cathy?”
Q: And why did that upset you?
A: My name is Susan.

Q: Do you know if your daughter has ever been involved
in voodoo or The occult?
A: We both do.
Q: Voodoo?
A: We do.
Q: You do?
A: Yes, voodoo.

Q: Now Doctor, isn’t it true that when a person dies
in his sleep, he doesn’t know anything about it until the
next morning?

Q: The youngest son, the twenty-year old, how old is
he?

Q: Were you present when your picture was taken?

Q: So the date of conception [of the baby] was August
8th?
A: Yes.
Q: And what were you doing at that time?

Q: She had three children, right?
A: Yes.
Q: How many were boys?
A: None.
Q: Were there any girls?

Q: How was your first marriage terminated?
A: By death.
Q: And by whose death was it terminated?

Q: Can you describe the individual?
A: He was about medium height and had a beard.
Q: Was this a male, or a female?

Q: Is your appearance here this morning pursuant to a
deposition notice which I sent to your attorney?
A: No, this is how I dress when I go to work.

Q: Doctor, how many autopsies have you performed on
dead people?
A: All my autopsies are performed on dead people.

Q: All your responses must be oral, ok? What school
did
you go to?
A: Oral.

Q: Do you recall the time that you examined the body?
A: The autopsy started around 8.30 pm.
Q: And Mr Dennington was dead at the time?
A: No he was sitting on the table wondering why I was
doing an autopsy.

Q: Are you qualified to give a urine sample?

Q: Doctor, before you performed the autopsy, did you
check for a pulse?
A: No.
Q: Did you check for blood pressure?
A: No.
Q: Did you check for breathing?
A: No.
Q: So, then it is possible that the patient was alive
when you began the autopsy?
A: No.
Q: How can you be so sure, Doctor?
A: Because his brain was sitting on my desk in a jar.
Q: But the patient could still have been alive,
nevertheless?
A: Yes it is possible that he could have been alive
and practising law somewhere.

Drug trafficking

Couple of weekss ago, I was reading the newest edition of the weekly law report. Then this particular case caught my eyes. In the case, the accused was appealing against his death sentence for possession and trafficking of dangerous drugs. He was arrested in 1990 and since it’s a death offence, under s388 of the Criminal Procedure Code, a person who is sentenced to death shall not be furnished bail hence he was stuck in the prison ever since the day of his arrest. Further in the case, the accused was also arrested with his girlfriend but she was subsequently released after her boyfriend voluntarily admitted that he possess the drugs. The accused reason was that he wanted to protect his girlfriend.

After all the hoo-ha for more than 14 years, the accused was subsequently released due to some legal grounds. Well, imagine you’re the accused, you rot in jail for 14 years just because of a statement that was said to protect your girlfriend. What do you think will happen to your girlfriend after you’re released after 14 years?

I remember reading this article about this guy who went thru the same thing as the story above. After he got out from jail, he found that his girlfriend got married with some other guy and the only person who sat thru his final court hearing was his father.. How sad..

CLP exams 4 1/2 months away

I’m stressed.

Despite the fact that CLP exam is 4 1/2 months away, the amount of shit I have to memorize is enormous. My lecturer once said CLP exam is one of the toughest in the world, once you pass it, you can pass anything in this world. It seems pretty convincing when last year’s passing rate was only 18% of the rumored 1000 people who took the exam.

With the amount of shitload I have to read, I don’t think my brain can take it. But now, I’m actually trying to memorize everything by imputing everything permanently into my brain. You know, just like how you go to McDonalds and without referring to the menu, you know there’s double cheeseburger on the menu.

Any suggestions to improve my memory?

Couple of friends of mine seek external help in order to study. For example,

A friend a mine took ginkgo biloba, a pill that increases your brain power. I think she stopped after we told her about the fine print on her gingko biloba bottle. It says, “WARNING: increases sex drive”

Another friend of mine (you know who you are la haah), tried smoking weed. Right after smoking his shit, he sat on his study table and opened his book. 5 minutes later…zzzzz…too stone to study…

And traditional believe. Fish eyes are believed to increase memory power. Oh my god, too gross. I must strongly suggest that the only appropriate chewable food is chewing gum.

And lastly, this would be my last resort…

If only I have those… if only..

finally got my clp form sorted out!

I finally completed the procedural requirement for the application of CLP (cert1ficate of legal pract1ce) today. It’s pretty troublesome, as I need to certify all my documents (education certificates and identification documents). Certification of documents is done by a Commissioners for Oath (it’s called Persuruhanjaya Sumpah in Malay), which is available almost everywhere. All you need to do is head down to a Commissioners for Oath’s office (it could be a proper office or sometimes a table outside the court house), pay the appropriate fees and get the documents stamped. Fees might vary from places to places. For example, the certification of my documents cost only RM1 per piece in Br1ckfields but in Subang, it costs RM4 per piece.

The commissioner I dealt with today was pretty nice. He lent me all the stationeries that I needed and even wished me good luck for my CLP exams.

The closing date for application is 31st October but no worries if you submit the form after the closing date. You won’t be barred from the exam but you will be fined RM250 for the lateness!

I sent my letter via Post Laju (national express mail). Most of my friends have no faith in Pos Laju and opted to deliver the application by hand (hence driving to the city, enduring the jam and lousy Malaysian drivers).

All I need to do now is pray that my documents arrive tomorrow!

My First Board Meeting

Jimmy brought La1 Kin and I to witness an agreement signing process. It was a transfer of land agreement and our company was representing the seller I think. Then the buyers came, introduced themselves, shook hands and handed out name cards. I received couple of them and immediately put them into my pocket. However, I notice that everyone put the name cards on the table and arranged them nicely. I was puzzled and immediately put my name cards on the table. So after the meeting, I asked La1 Kin why the hell did everyone put the name cards on the table. Apparently, the name cards were arranged according to the owners’ location so that it’s easier to remember their names. Damn, how embarrassing, I was happily putting the cards into my pocket.

Lord Denning

To those who studied law before, Lord Denning is a name that you wont miss. Lord Denning was perhaps the greatest law-making judge of the century and the most controversial. He played a great importance to English law by criticizing and developing it. Loads of his judgements were quoted in various cases. He died 6 weeks after his 100th birthday in 1999.

Related Links
Lord Denning: Judged by words
http://news.bbc.co.uk/hi/english/uk/newsid_291000/291053.stm

Denning: A life of law – http://news.bbc.co.uk/hi/english/uk/newsid_290000/290996.stm
Profile of Lord Denning – http://www.muklaw.ac.ug/profiles/denning.html