totus desiderabilis

This one is dedicated to kids and young people at heart.

I still remember the world
From the eyes of a child
Slowly those feelings
Were clouded by what I know now

Where has my heart gone?
An uneven trade for the real world
Oh I, I want to go back to
Believing in everything and knowing nothing at all

One of my learned friend, Haq the fatherly lawyer had posted on his blog about his teenage daughter, Khadijah's work of art. It struck me as something beautiful, innocent and pure.

Khadijah's work. OMG.

That girl got mighty talent, I tell you.
And her parents are very supportive (mind you, art things are not cheap!).

Suddenly I felt tears coming out from my eyes, and the burden of daily tension dissipates.
This is what art do to you.

That, or I was reminded of how things were when we were young.
When I was so much younger, I used to draw and paint, and write proses of poetry.
I had stack of books of this artworks, much to my Mother's dismay (bersepah) but to anyone else's amusement (I was an angry child, so I would draw/write about the person I was angry with), that ot my melancholic feeling was deemed inappropriate for a child at my age to have.
And art was a way to release all my energy.

So what happened, you might ask?
I grow up.
Out of childhood, out of the things I used to love.

And when I tried to draw again last night, its not the same anymore.
Sigh.

My husband, since arriving back in India, had relentlessly searching for easel and canvas and paint.
So much that he had been asking around online if those things are available in Udupi.
Much to my surprise really, I thought he was picking up a new hobby.
Macam la dia ada masa kan.

But he said "No, its for you. Dah lama dah tak paint, kan?"
He remembers.
How come I don't?

So there, Haq. My explanation and tell Khadijah my thanks.

No one should forget their childhood, or their inner child.

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push factor

Its been 2 months since Mr K boarded his plane to India.
Not a single second passes without me thinking of him.
And to think I have another 3 months more to endure all this before August.
Sigh.

That is why I've been keeping myself busy.
Idling is evil in disguise.
So the plan is, to get busy (Sean Paul's song is apt) and to learn as much as possible to help make the time pass less painfully.

Thankfully I'm almost fully booked on weekends, up til August.
Perfect timing.
Got invited to talk about Domestic Violence during the weekends.
So far I have not let any invitations down as I think I can learn so much from it.
Its an open secret that I chicken out talking to open audience.
(Ye saya lawyer yang nerves, takut dan tak reti cakap kat orang ramai).
Got any tips?

Alternate nights I found myself following aerobic classes, kalau tak de apa-apalah.
Seronok gak berpeluh2.
Balik rumah, mandi, tido. Bangun pagi pun rasa sungguh segar!

Kadang-kadang cari aktiviti, kadang2 aktiviti cari kita.
Macam last night I travelled first time to sleepy town Rawang.
(ye aku tak pernah pegi Rawang..sian aku)
Aku gi ngan Puspa ke balai polis Rawang, and later to IPD Gombak to accompany a client making a police report.
By the time we were done, it was already 1 am and confirm tak sempat nak join Sasha and Razlan at IPD Ampang. So kami balik je lah.

Dan bangun lambat untuk court. Menggelabah.

Balik court, singgah Borders lepak sampai lunch pastu balik Office.
Time Killers, yes but I do keep mental note that I have to be effective time manager to finish work yang bertimbun di opis. Jadi selalunya saya akan siapkan kerja in advance.

And tonight after work I'm heading straight to Penang as a political tourist.
(Oh tidakkk. Saya tidak terikat dengan mana mana parti. I'd like to think myself as a critical nuetral "non-non-partisan", walaupun korang rasa tidak posible, peduli apa aku)

Sunday pulak kene bagi ceramah domestic violence in the morning, kat Bangi.
Harap2 aku bertenaga dan bersemangat :)

And I look forward for Monday, because of this....

'new lens' tell me I deserve this!

Mr K, I hope this post makes you smile, you're the inspiration :)
This is how I fill my time to get to you sooner this August.
Everyday is a new beginning, and bringing me closer to you.

Teddy, Fadhil and Mr Lee thank you for your kind advices for the lens. Hehe. Yaaay!

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luxury

The boss incessantly reminded me to be in court before 8.30 today.
Since Friday.

Spot of bother, so much he had to ask the client to give me a wake up call and another bloody reminder that inasmuch that sans-court I arrive for work later than 11 am every day, (one of the very few perks I have) as if I am real basketcase when it involves being punctual in court.

Damnit.
I was already in the parking lot at 7.30 am!
And yes, nothing annoys me more when the cellphone with calls and texts flashing "are you there yet?"
I hate this distrust, for I like to believe myself as a punctual lady of luck.

Especially when you know, when you're a lawyer robed in for an open court matter, your case would only be called 12 noon.

I would have turned myself in 10.30, if not to prove a point to the Boss that I am bloody reliable. And because of that I am that idiot waiting 5 hours in court just to prove a point I sent him a text message "hell, I'm in court already since 7".

And tell me, to what pleasure do I serve the long hours from 7.30 to 12 noon?

I read.
Last week I had bought 6 due to the hormonal madness that now plunges me to dash of desperation that I can't seem to finish a single book in a week's time (just like we used to during Uni, haha Old Age is catching up with you missy!), that I found myself stealing time to read a passage during the short Red Traffic light.

So there.
I was reading in court, while a busy lawyer, a friendly acquaintance of ours (whom I've dined at her lavish condo) sat beside me and cracked open her laptop, at first embarrassed that The Windows-intro-tune announced her intention to keep herself busy with work, even while waiting.

We said our hellos, and quickly exchanged our usual stories in our trade, we lamented for having slow process of the court while at the same time we complain of cases being brought foward too quick that we suffer palpitations of panic.

To this I told her my sudden rage of book reading, the dire need to finish them once and for all.
And how thankful I am to have a book in my hand, while waiting in court.
(wait. It was the other way round.) How thankful I am to have 5 hours to spare waiting in court to finish reading.
And she said, in my dismay, of something that wreak my respect to a senior fellow member of the bar when she said:

"You have the luxury to read, as you're working with somebody, because you're not your own boss. I simply don't have the time".

I kept quiet, remembering the maniacal Boss who reads even more maniacal than I do.
And when last Friday I felt proud with the sense of belonging that no other profession shares the spirit of camaraderie, and somehow in my stupefied stupor, I would like to believe my grey cells is activated by reading, that my fellow laywers might find the intelligence I lack of.

BUT this lady killed it.

It just don't sound right, no matter how right she might be.

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tgif

At 1 pm, I'll head to KFC 24-hours to meet the usual suspects; the legalaid members before the Bar's EGM at 3, in Dewan Sivik MppJ.

EGM calls for the uncalled arrest of the 5 legalaid lawyers, performing their duty.
Serious matter have to be treated in serious manner.

Hence the EGM.
Datang jangan tak datang, if you consider yourself a worthy legal practitioner.

Tapi blog ni dah jadi macam blog anti-kerajaan pulak la kan, when all I speak for is for justice, what I think is right, and somehow dah jadi sangat serious.

Take a break from that, so..
For this Friday, I present you with some pictures of us going back Ipoh, first time as husband and wife:

From KL to Ipoh to Lumut

And then to the family's farm in Titi Gantung

and for lunch he netted some fish, grilled and cooked for us :P

OK. Hehe. Dah aku dah lambat jumpa Puspa.
Tengokla kalau rajin aku repot la sal EGm tersebut.

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Malaysia : the day that never comes

Metallica- The Day That Never Comes (Official) - Click here for more amazing videos

Mouth so full of lies,
Tend to black your eyes.
Just keep them closed,
Keep praying,
Just keep waiting.

(Chorus:)
Waiting for the one!
The day that never comes!
When you stand up and feel the warmth!
But the sunshine never comes!

No the sun shine never comes.

Push you cross that line,
Just stay down this time.
Hide in yourself,
Crawl in yourself,
You'll have your time.

God I'll make them pay,
Take it back one day.
I'll end this day,
I'll splatter color on this gray.

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eh wait a minute!

It is reported that the High Court's order declaring Nizar as the rightful MB was stayed the next day by Ramli Ali JCA sitting alone in the Court of Appeal. Please refer to the provision of section 38 of Courts of Judicature Act 1964 which provides as follows (emphasis added):

"38 Composition of the Court of Appeal:

(1) Subject as hereinafter provided, every proceeding in the Court of Appeal shall be heard and disposed of by three Judges or such greater uneven number of Judges as the President (of the Court of Appeal) may in any particular case determine.

(2) In the absence of the President (of the Court of Appeal) the senior member of the Court shall preside."

Ramli Ali JCA is, by ranking, among the most junior members of the Court of Appeal having been elevated from the High Court only about one month ago.

ke aku yang silap baca?

****updated: (after Puspa commented. Please refer to her comment below)

Further research reveals this:

Section 44 Courts of Judicature Act 1964 provides as follows:

"(1) In any proceeding pending before the Court of Appeal any direction incidental thereto not involving the decision of the proceeding, any interim order to prevent prejudice to the claims of the parties pending hearing of the preceeding, any order for security for costs, and for the dismissal of a proceeding for default in furnishing security so ordered may at any time be made by a Judge of the Court of Appeal.

(2) Every application under subsection (1) shall be deemed to be a proceeding in the Court of Appeal.

(3) Every order made under subsection (1) may, upon application by the aggrieved party made within ten days after the order is served, be affirmed, varied or discharged by the Court.""

From this provision, which some people say is resorted to for the interim stay order.
That may be the case.

However, the Judge of the Court of Appeal can only make, presumably an "interim order to prevent prejudice to the claims of the parties pending hearing of the preceeding" can only be made subject to there being a "proceeding pending before the Court of Appeal": the words "incidental thereto" and pending hearing of the proceeding" clearly emphasise this point. At this stage, and from press reports, there is not even an appeal filed, for that matter, there cannot be an appeal filed for a case decided in the High Court on Monday afternoon and appeal filed on Tuesday morning. There is thus no "proceeding pending before the Court of Appeal", hence this provision does not apply. It is a case of putting the cart before the horse.

For appeal from the High Court to Court of Appeal, one usually needs to file a Notis Rayuan in the Court of Appeal within 30 days of the High Court's decision. This is followed by preparation of Rekod Rayuan which includes a Memorandum Rayuan, Kronologi Peristiwa, Nota Keterangan, Alasan Penghakiman, various affidavits filed etc. The Nota Keterangan will usualy take a month or two afer that to be furnished by the High Court judge. This is followed by Alasan Penghakiman, the grounds of judgement (i,e. the one that gets published in the law reports) etc. There will be case management etc before a date is set for filing of skeletal written submisisons before hearing is fixed. All these take time.

Further, applying the principle of ejusdem generis, "any interim order to prevent prejudice to the claims of the parties pending hearing of the preceeding" shoud be construed as those interlocutory orders in similar nature with those listed, such as security for costs, etc. Does this cover a stay order which can have the effect of nullifying the earlier order issued?

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love in the time of cholera

1 pm.
Lunch break.

Got Jewel's Lullaby album playing softly.
Kopi Hang Tuah yang hangat.
Perut yang kenyang.
Derum air cond yang tenang dan deruan asap motokar tak terasa.
Re-reading a favourite book just recently bought.

Damai yang mendamaikan.
Nothing sweet lasts forever but at least I'm in bliss, albeit temporary.

Until 2 pm, that is.
Work resumes and takes away my peace.
Where I'll always be at war with myself.

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so near yet so far

AND THEN they granted stay at the Court of Appeal.
and there is no appeal date fixed. Yet.

Tapi boleh la pulak dengar stay application pagi ni.
Dan terus granted.

sigh.
I told myself not to be too happy about yesterday's high court decision, but never expected this.

Frustration is an understatement.
Wonder how our friends in putrajaya feel.

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some light over Malaysia

I guess you've heard it already.

High Court declares Nizar the rightful MB.

• Stay pending Appeal Rejected.

• Zambry and 6 excos ordered to vacate post and office

• And like a true gentlemen he is, Nizar will return to Perak immediately to seek an audience with the Sultan of Perak to request a dissolution of the state assembly.

Bukan main hentam saje.

Well, its true, can't be too happy now because there will always be appeal.
But I (along with other sincere Malaysians) am happy to relate the judgment with a fresh hope for our beloved Country.
Alas some light!

(Perlu ke tukar layout hitam ni kepada warna lebih cerah sedikit?)

Per High Court (Appellate and Special Powers Division) judge Datuk Abdul Aziz Abd Rahim::

"The stark fact is, there never was any vote of no-confidence taken in the legislative assembly.

"So how could one say that the applicant (Nizar) had ceased to command the majority confidence? Evidence as to the loss of confidence was taken from various sources and not a vote in the assembly," said Abdul Aziz.

"I am of the view that the office of the Menteri Besar of Perak has never become vacant or been vacated.

"Only in this manner (a vote of no-confidence), can the menteri besar be forced to resign."

The Two Hours of Traffic at court was well worth it!

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laywer pon kena

the fab five after their release.

Aku still boleh recall vividly before aku gi Studio W semalam si Puspa ajak aku untuk "legalaid duty" kat Balai Polis Brickfields semalam. Ada orang nak buat Candlelight virgil kat sana sempena 1Black Malaysia dan mana la tau apa-apa jadi, so boleh standby.

"Pukul Bape? aku lepas pukul 9.30 boleh la weh"
"Around that time ah. Kau datangla. Turn kita plak buat remand hearing ape ke".

Aku tak datang.
Malah malam tu lepas aerobic aku pengsan sampai ke pagi dan sedar ada berpuluh2 sms.
Yang Pertama datang dari Kak Lat yang berbunyi:

"5 LAC lawyers arrested representing clients last night, fadiah nadwa,murnie,syuhaini, puspa and ravin! solidarity and protest gathering 10am today, Duta Court. Wear court attire. Sebarkan"

Terkejut aku. Dan terus aku change my direction straight to Duta Court.
So aku call Encik Boss dan explain yang "I wish to be there for them".
Boss aku Okey je.

Pukul 10 kat court, aku tengok lobby dah penuh dengan lawyers.
Agak 300 lebih kot.
Farhana, Nadia, Nik, Leena, Stef dan Sasha dah stand by.

Aku tanya Leena apa ke hal nye?
Ini yang Leena cakap " They got caught because they were asking for a piece of paper"

Piece of paper?
Cerita nya macam ni...

Fad, Ravin, Murnie, Puspa and Syu on legalaid duty kat Brickfields untuk candlelight virgil.
14 dah kena tangkap.
Basically the fab five were trying to get the 14 ppl out.
But encik2 polis kata the 14 tu tak na be legally represented. Taknak pakai Lawyer.
So the fab five demanded to see the form 28.
Tau2 dorang kene arrested jugok.

Absurd tak absurd.
It'll be interesting to know what will they be charged under.

Tunggu kat lobby, Mr Ragu (president BC) dan Mr Jagjit (L.A dorang dua2 kena tangkap) pun secara ringkasnya terangkan apa yang terjadi. Tapi bila Mr Jagjit cakap, ada pulak polis nak halang dia. Maka terjadi lah sedikit scuffle.

(I was thinking: Ada ke datang rumah orang nak buat hal?)
Tapi don't worry, despite all the chaos, Mr Jagjit tak kena arrested.

Anyway around 12 kitaorang dapat info the girls would be released on Police Bail.
While Ravin's whereabouts was still unknown as at 3 am yesterday he was driven out in a car from the police stattion.

There was a possibility that a magistrate could be brought in to the police station, to extend the remand period, so some of us stayed in the court while the rest of us made a move to Travers' police station, where the girls were stationed at.

Sampai di travers, Kak Lat was already waiting.
Sementara tunggu nampakla kelibat Fadiah, Murnie, Puspa and Syu dalam pakaian lokap dan bergari, masa dorang dipindahkan dari bilik belakang ke hadapan (kena gari untuk short distance? pelik)

But nonetheless, they look OK (Fad especially. Nampak begitu bersemangat. Puspa macam biasa buat muka selamba rock beliau seolah olah tiada perasaan).

And then after awhile the 9 non-lawyer girls were seen transported to the Truck.
Aku dengar jugakla dorang tanya kalau dorang boleh tukar baju dorang.
Aku dengar baju tu akan dirampas dan dijadikan bahan bukti.

Pastu nampak kawan-kawan lawyer keluar siap dah tukar baju.
Nampaknya the non-lawyers sahaja yang masih berpakaian lokap.

Pastu kitaorang follow Trak Polis tu ke Balai Polis Brickfields.
Sampai2 je ramai lawyer friends yang menunggu.
Tak lama lepas tu Kak Lat tanya siapa nak tolong Bail.

So kami berlima (oh limited to five people je) aku, Valen, Sasha, Far dan Leena naik ke atas untuk Bail the girls.

Kami naik ke satu bilik kecik dan semua yang kena arrested ada bersama IO.
We were glad to see Fad, Puspa, Murnie and Syu dalam keadaaan selamat. Alhamdulillah.
Mereka masih bersemangat dan ceria (mungkin sedikit busuk sebab tak mandi semalam tapi tak pe okey. Dorang ni hero)

Sorang demi sorang masuk untuk bail.
Pastu kami dapat bail dan kesemuanya lepas.

Tak lama lepas tu Rombongan Lelaki diketuai Encik Ravin dari Taman Tun tibe.
Dia pun OKEY.
Steady lagi.

Pastu bertukar tukar cerita sedikit sebelum yang lainnya ke Bar Council untuk mrmberi press Statement. Aku balik ofis sebab boss tunggu submission aku.

What a day.
Apa nak jadi.

Laywer nak buat tugas pun kena.

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fade to black

I'll stay in this blackout state for a while.

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gone case

from nutgraph. click to enlarge.

In comparison to our American friends, you know that where OUR hard-earned tax goes to.
Goes without saying.

Here in our beloved country, most of the essential needs are almost privatised.

And if you want public service, you have to downgrade yourselves.
But if yo want good service, you know where your money have to travel with you.

e.g Nak education bagus, pegi boarding school.
Itupun if you have good cables.
(Aku tak heran la skolah mana pun. Masuk U jugak je aku sama je)

e.g Nak cepat sembuh, gi klinik swasta.
Takdela sakit hati tunggu HKL 5 jam bila Housemen dalam tu dok baca sokabar.
Truth is, we're short of doctors.
Padahal we produce straight A students like mass production factory.

e.g Nak jalan tak berlubang and tak jem, kene lalu tol.
And while conviniently the rate increased at the same time concession years extended.

All this being said, korang mesti dah baca dah kan paper/news semalam.
About a pregnant snatch theft victim yang mati di tempat kejadian.
While Nurin Jazlin's murderer is still on the loose.
And the other girl is still M.i.A.

For sure, there is no substitute for internal security (I don't mean ISA) where we can take the alternative way, just like how I illustrated in the examples above.
Takkan la kene privatise jugak..

Aku lagi takut dengan mat rempit daripda orang2 berbaju hitam hari ni.
(duhh Aku pun pakai Hitam hari ni. Infact, hari2 aku pakai HITAM.) Korang?

But as we speak, more than a few people have been arrested since yesterday.
Relating to politics, not crime.
Are they prioritizing something more than the other?
Tell me.

Hari ni pagi2 aku dah baca online news..sorang lagi mangsa snatch thief mati.
While the family of yesterday's dead snatch victim still mourns.


Macam de javu pulak. Today's victim is also a pregnant lady.
Surely God is trying to tell us something.

I don't feel safe in my country, lantakla kan even if its not because of all the political turmoil, but because of mat rempit roaming the streets, the psycho child molester is everywhere.
And who do I turn to?

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win some lose some(more)

Almost had a crappyhappy day.

Today I intended to go before 7 to beat the traffic.
Took some of Mother's fried rice for today's tapau.
Was thinking of saving $$$.
But then I left the tupperware and realised this halfway to the mainroad.
And went back home to search for it for 15 minutes.
Yes I then joined the famous USJ traffic.
Saya sangat clutz.

The U-turn to go to KL is closed (damn u MPSJ)
Spent 40 minutes to reach office.
Which is actually just 12km away only.
Damn u Mpsj.

But managed to Reach COA just before 8.30
The client was speeding in his M7.
Still early and so we went down for breakfast.
And of course the client pays.
Tummy full but it won't settle the butterflies flying like mad in it.
Suddenly regretful of gobbling the food like nobody's business.

Our case listed number 17.
Out of 50 over appeals and few notices of motion.
Felt happy Yay boleh habis Awal.
And we got wonderful quorum.
Suddenly feeling bits of confidence building up, hey maybe I can do this!
Telephone ringing like mad, don't this people get it why you don't answer the phone?

Waited til 12 still our case not called.
And then the court announced that cases no. 15 onwards will be adjourned tomorrow.
But tomorrow I really want to be in Shah Alam court. I've been saving for it.
Sigh.
The fact I have to endure this for another day.

Went back to office with the client driving (again) not complaining.
Almost exited in dengkil, almost near USJ.
The Client made a U-turn, we're saved from going Seremban
(but on the second thought, that could be a good thing?)
Got tangled up further in Old Klang Road.
But ended up eating Banana Leaf Rice at Raju, Jalan Gasing.
Sedaaap! oh burung puyuh I lev yiu.
Of course the client pays and I save $$$.
But now the tummy aches.
Heavy curry. And Lamb masala.
Hardly can concentrate to do work.

Was late for Zuhr prayers.Managed in time.
Just to realise during ablution the brithday DKNY watch was not on my wrist.
Panic was all I could think of.
So I hurried the prayers.
And there it was on top of the desk when I finished prayers.

And tomorrow managed to ask the co-defendant to mention on our behalf in KLHC.
I thought I could still squeeze in Shah Alam court.
As the COA matter is fixed at 11 a.m.
But then the Registrar called in for a taxation hearing at 9 am at the COA.
So near yet so far.

Its 5.13.
47 minutes to go home.
Long way it is.

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