Event:
ICM Inaugural Legal Education Series #1
Conduct of Trials/Appeals and Advocacy – Perspectives from the Bench
Date:
29 March 2018
Venue:
Kompleks Mahkamah Kuala Lumpur
On 29th March 2018 at the 7th floor of the Kompleks Mahkamah Kuala Lumpur, over 400 participants took home invaluable insights from the Inaugural ICM Legal Education Series #1 hosted by the Inns of Court Malaysia (ICM) under Organising Chairman, Y.A. Tuan Nantha Balan, bringing the participants through the journey of trials and tribulations in High Court and Appellate Courts. The speakers for the evening session consists of the Honourable Judges of Court of Appeal, Y.A. Dato’ Mary Lim Thiam Suan and Y.A. Datuk Harmindar Singh as well as the Judge of the High Court, Y.A. Tuan Azizul Azmi Bin Adnan, expertly moderated by Judge of the High Court Y.A. Tuan Nantha Balan.
Commemorating the ceremony were the distinguished guests such as Chief Justice of Malaysia, Y.A.A. Tun Dato’ Seri Md. Raus Sharif, President of the ICM, Y.A.Bhg. Tun Arifin Bin Zakaria, Hon. Advisor of ICM, Y.A.Bhg. Tun Dato’ Seri Zaki Tun Azmi, Honourable Judges, Judicial Commissioners, Members of the Attorney General’s Chambers, Members of the Malaysian Bar, Government lawyers, academicians, corporate counsel and fellow esteemed members of ICM. The Pengarah of the Kompleks Mahkamah Kuala Lumpur, Tuan Ahmad Kamar welcomed the arrival of VVIPs who graced the event. Also present were retired President of the Senate, Y.Bhg. Tan Sri Abu Zahar bin Dato’ Nika Ujang and Vice Chancellor of KDU Professor Dr. Hiew Pang Leang.
The legal education talks covered topics such as (1) Effective Case Management and the Conduct of Trials; (2) Conduct of Civil Appeals and Appellate Advocacy; and (3) Conduct of Criminal Trials and Appellate Advocacy split into three paper presentations by the acclaimed speakers from the Bench.
Aiming to address the recurrent issue on the quality of advocacy of lawyers, this talk is targeted on young practitioners who are earnest to develop their advocacy skill sets and to enhance their abilities in conducting trial and appellate advocacy. With the added values from the views and perspective from the panel, the evening has accorded the participants with the privilege of having practical and invaluable guidance on conduct of trials and appeals. It is hopeful that cases will proceed in a more seamless manner with advocates being able to meet the expectations of Judges.
The Hon. Secretary and also master of ceremonies, Ms. Ooi Suan Kim expressed her immense gratitude for the overwhelming support and response from the Judiciary, to members of the Bar, to lawyers from Government departments, to corporate counsel and academicians.
The event was opened by the President of ICM, Y.A.Bhg. Tun Arifin Bin Zakaria who welcomed all present. Tun also shared that “this event marks the first educational event by the ICM and it exemplifies one of the key objectives of ICM, which is to share knowledge”. This was followed by presentation of ICM Membership card by Y.A.Bhg. Tun Arifin Bin Zakaria to Hon. Advisor Y.A.Bhg. Tun Dato’ Seri Zaki Tun Azmi.
The first paper presentation was led by the Judge of the High Court, Y.A. Tuan Azizul Azmi Bin Adnan where Yang Arif shared on the Bench’s useful insights on the procedural and practical law revolving pre-trial case management, conduct of trial and after trial. Yang Arif further fleshed out few important tenets such as Anticipation, Preparation, Courtesy, Efficiency, Brevity, Clarity and Organisation.
Following a short tea break, the session continued with Judge of the Court of Appeal, Y.A. Dato’ Mary Lim Thiam Suan on Her Ladyship’s presentation on the conduct of civil appeals. Yang Arif first gave constructive views on the reasons why some lawyers win and some not in conducting appeals and went on to further discuss on the preliminary matters and documentations in accordance with the Practice Direction. Yang Arif then shared with the participants on the requisite advocacy skills, both written and oral in order to be an effective and competent lawyer in the superior courts.
Given the vast judicial experience in criminal matters, ICM is honoured to have the Judge of the Court of Appeal, Y.A. Datuk Harmindar Singh Dhaliwal to provide practical insights on criminal advocacy in the appellate courts. Yang Arif highlighted a few important essentials of advocacy in trial examinations, namely, to ask clear and simple questions, to present argument with precision and clarity, to structure questions to achieve objective and to conduct litigation in an attractive manner. Yang Arif further stressed that advocacy is especially important in criminal trials and different approaches are required for different types of witnesses to elicit favourable evidence.
Sessions were highly interactive and the participants were afforded invaluable opportunities to ask questions and direct discussion to the panel. There was meaningful engagement between the panel and the floor and the session transformed from paper presentations to a real and fruitful learning experience.
The Hon. Advisor of ICM, Y.A.Bhg. Tun Dato’ Seri Zaki Tun Azmi also gave some insights and wisdom to the participants. It offered the audience a great overview of the topics discussed and it effectively uncovered knowledge gaps that needed to be filled in.
Despite busy and tight schedules, ICM is honoured that the the Chief Justice of Malaysia, Y.A.A. Tun Dato’ Seri Md. Raus Sharif stayed on until the end to deliver the closing address. Participants were truly inspired and motivated with the words of wisdom of Y.A.A. Tun Dato’ Seri Md. Raus Sharif.
Key takeaways include a wealth of knowledge, inspiration and a toolbox of sharpened advocacy skills. ICM is pleased to receive resounding feedback on the event. Together with all of the generous support received in making this event a successful one, ICM strives to recreate the opulent experience of the Inns of imparting education, Malaysian style.
Report contributed by Ms. Peggy San
ICM Editorial Board Subcommittee
