40-odd members and pupils came together at Double Tree by Hilton Melaka on 19 October 2022 to welcome Justice Mohd Radzi Bin Abdul Hamid, the newly-appointed and long-awaited Judge of the Melaka High Court (2).
Justice Datuk Anselm Charles Fernandis, the Melaka High Court (1) Judge, and Puan Elesabet Paya Wan, Melaka Sessions Court Judge and Managing Judge of the Courts of Melaka, also graced us with their presence.
The Chairlady, Ms. Amber, delivered an inspiring speech to introduce His Lordship to members (His Lordship later joked in His Lordship’s speech that though flattered, His Lordship was shocked at having been “researched”), and to remind members of the role of an advocate in assisting the court, as individuals with the privilege and opportunity to address the court directly.
His Lordship then addressed the hall in the amiable manner which appears characteristic of His Lordship, perhaps only half-joking when His Lordship expressed that His Lordship was graciously sharing the welcome dinner with Justice Datuk Anselm, as the Malacca Bar had not been able to come together in this manner for Justice Datuk Anselm due to the Movement Control Orders in place at the time. Members were glad to hear that His Lordship had not been regaled with “horror stories” concerning lawyers in Melaka prior to His Lordship’s arrival, and that His Lordship was taking an open approach to come alongside members in resolving issues and moving cases forward.
His Lordship’s closing remarks were heart-warming, as His Lordship expressed that “although judges are transferred every few years, and things are unpredictable, after three weeks of being here, I hope that I will be in Melaka for a long time.”
The event ended with a group photograph, but not before His Lordship had taken the effort to visit each table to meet and greet members at each table.
The cordial and warm relationship between the Bench and the Bar has always been a valued tradition and welcome feature of legal practice in Melaka, and was certainly reflected in this event.
Ms. Amber’s speech is reproduced below:
Yang Arif Datuk Anselm Charles Fernandis, Yang Arif Tuan Mohd Radzi bin Abdul Hamid, Judges of the High Court of Malaya at Malacca, Puan Elesabet Paya Wan, Sessions Court Judge and Director of the Courts at Malacca, fellow members of the Bar and pupils in chambers.
Good evening ladies and gentlemen. As you all know, this dinner is organised by the Malacca Bar to welcome His Lordship Tuan Mohd Radzi bin Abdul Hamid as the new High Court 2 Judge at Malacca with effect from 3rd October 2022.
Like many other state bars, the Malacca Bar has a long standing tradition in having a welcoming dinner for all new High Court Judges appointed to Malacca. However, we were unable to organise any in recent years due to the pandemic, and hence we could not do one for His Lordship Datuk Anselm, as much as we so desired and wanted to. So imagine our relief when His Lordship Tuan Mohd Radzi readily acceded to our request when we broached the subject of organising a welcoming dinner for him during our courtesy visit on the 5th of October.
It would be remiss of me to not take this opportunity to share to our members here a little about His Lordship’s early life prior to joining the judicial service. His Lordship was an alumni of the University of Malaya and was admitted as an Advocate & Solicitor of the High Court of Malaya in 1987. His Lordship was a private practitioner for more than a decade, during which he acquired broad exposure to various business sectors including defense, general construction, dredging and marine as well as general commercial business in international work, and served to represent Malaysian clients in business transactions in Australia, Egypt, Vietnam, Russia, Belarus, Poland, the UAE, Myanmar and Indonesia. His Lordship became the Senior Vice President of the Chairman’s Office at KIC Oil & Gas Sdn. Bhd. from January 2009 to June 2018. In 2019, he moved on from Oil & Gas to Mobile, Media & Broadcast and became the Head of Legal of an exciting, bold and aggressive group at BOLT Global which is based in the UK.
His Lordship was appointed as a Judicial Commissioner on 3rd of May 2019 and was subsequently elevated as a High Court Judge on 27th April 2022. Prior to His Lordship’s transfer to Malacca, His Lordship served as the High Court Judge hearing criminal matters at the Penang High Court. In fact, some of our members present today may have already heard from several news portals that His Lordship is the presiding judge in the high profile Nhaveen murder trial. The experience His Lordship has accumulated over the years in a wide spectrum of practice will undoubtedly lend credence in the discharge of His Lordship’s duties as a High Court Judge.
My Lord, tonight’s dinner is one of the few occasions where the Bar has the opportunity to address the Bench in a not so informal manner, and I humbly crave leave to do so. Much obliged.
My Lord, judges have always been held in high esteem as they are the last line of defence in a constitutional democracy. Only by upholding the principle of law without fear or favour can justice be administered in a fair and impartial manner. Some of our members may recall the speech delivered by our then Chairman of the Malacca Bar, Mr. Jaspal Singh Gill during the farewell dinner for His Lordship Datuk Vazeer Alam bin Mydin Meera back in 2017. With his express permission, I would like to quote an excerpt of his speech in honour of Justice Anil Kumar, a High Court Judge of India:
“ Decision making as a Judge is not an easy job. It is no longer a correct notion that Judges sit on an ivory tower. Unless they know the realities of life, they cannot dispense justice. The understanding of ordinary life is an important facet of a Judge’s compassion. Another important facet is complete absence of sentimentality. A rare combination, as it is very difficult to strive a balance between the two, i.e. doing justice with compassion and also to ensure that your heart does not rule the head and you lose objectivity, which may result in giving judgment completely ignoring the statutory provisions or legal principles.”
However, a judge cannot be assumed to know the letter of every statute and the precise ratio of every case. To my fellow members of the Bar, this is where the role of an advocate and solicitor complements the Bench. One cannot be without the other, and a Bench is only as strong as its Bar. Sir Iain Morley KC, an accomplished advocacy trainer from the English Bar who coincidentally taught Mr. Jaspal, had this to say about the role of an advocate in addressing a judge:
“Imagine you stand alongside him, showing the way, as a caring guide, rather than stand in front of him, telling him what’s what, as an authority.
You are not the authority, he is, so help him to get it right.
From the point of view of the judge, always, you are there to ASSIST. And a judge will value your assistance. He will want to understand your argument, even if he will disagree with you in the end.”
As you can see, we are in a unique position of power. Most people do not get the chance to address the Bench directly, but we lawyers do. With that power comes great responsibility. We can disagree, but always with deference. We can agree, but with politeness. Our reputation is our most valuable possession, so hold dear to it. The legal profession is a noble profession because we put others before ourselves. We must always respect and help each other, and we must never sell ourselves out for better (or lesser) pay.
My Lord, the relationship between the Bench and the Bar in Malacca has always been very cordial and friendly. Judging from the sheer number of lawyers who have turned up tonight to welcome Your Lordship to Malacca, it is evident that Your Lordship will enjoy the fullest cooperation of the members of the Bar in the discharge of Your Lordship’s duties as a High Court Judge here.
To conclude, the Malacca Bar looks forward to working with you and we hope that Your Lordship will have an enjoyable time during your tenure here in Malacca. Thank you and enjoy the rest of the evening.
(Visit the Facebook post here for more photos)
(533)