DeepakgateMusings on the Law and the Lawyerly

December 27, 2012

DeepakgateMusings upon a Law as well as a Lawyerly

by Terence Netto@http://www.malaysiakini.com

COMMENT You can damn with faint praise; we can additionally achieve a same with an aria of it. An example of a initial was when George Bernard Shaw extended dual tickets to a opening night of a single of his plays to Winston Churchill. "One for we as well as an additional for a friend, if we have one," jibed a playwright.

Britain's wartime personality volleyed back: He pronounced he would similar to to attend a opening night's programme though official duties prevented him; however, he would be free to attend a second night's staging, "if there is one."

Private eye P Balasubramaniam's lawyer, Americk Singh Sidhu, laid it upon copiously when he praised fellow authorised practitioner Cecil Abraham's integrity which he pronounced was a scapegoat between lawyers in a latter's 40 years of use to a Malaysian Bar.

Americk (right) pronounced he could not conceive which someone of Abraham's vaunted stature would aspect a drawing up of a false statutory declaration such as carpet merchant Deepak Jaikishan had indicated was a box with Balasubramaniam's second SD which topsy-turvy a sensational avowals contained in his first.

Given a sobriety of a contents of his initial SD, elements of which shed light upon a 2006 attempted murder of a Mongolian lady Altantuya Shaariibuu, there was no receiving a make a difference lightly.

Days have passed given Americk unequivocally vouched for Abraham's probity, though Abraham himself is clearly u! nruffled by a brouhaha, land his warn in a face of a accost of imprecations.

The chairperson of a single of a panels inside of a ambit of a Malaysian Anti-Corruption Commission interjected in a maturation play of a paradoxical statutory declarations as well as a attendant emanate of responsibility for them by revealing which Abraham had zero to do with a MACC's preference to close a review of Balasubramaniam's opposing declarations. Abraham (left) is a member of a row tasked with reviewing a MACC's operational procedures.

Here was a box of weighty people rising to verbalise up for someone who apparently opts for a overpower which is not of a kind which purveyor of aphoristic maxims, La Rochefoucauld, held was a mark of a male who distrusts himself.

This overpower is possibly a choice of a single who seems intent upon tiptoeing through a horrifying thicket, aware or not of what a poet Dante pronounced about a hottest places in hell being reserved for those who in times of great dignified predicament maintain their neutrality (read: silence).

The law is a charged field

Lawyers have been trained to deal with formidable situations by finding both precedents as well as innovative pragmatic procedures for traffic with them.

The deeper their believe of precedents, both inside as well as outward of a law, a likelier it is which their exertions would outcome in a protection of tellurian values similar to permitting a trusting to go free as well as punishing a guilty.But if it's usually a law they know as well as small else, they would soon find which a law is a charged field where beliefs might be traduced by interests, as well as interests might be disgu! ised as principles.

Knowing many law but, some-more importantly, a philosophic matrix from which emerged a Greco-Roman statues which formed a basis of English usual law, a famed American jurist Oliver Wendell Holmes made this regard upon resisting dispositions people might move to a use of a profession:

"If we want to know a law as well as zero else, we contingency look during it as a bad man, who cares usually for a element consequences which such believe enables him to predict, not as a good one, who finds his reasons for conduct, either inside a law or outward of it, in a vaguer sanctions of conscience."

Troubling small twinge which "the vaguer sanctions of conscience."These proved no trouble during all to a lawyer Vernon Jordan, Bill Clinton's amoral chum whose recommendation was sought in a days when a latter was readying for a run for a US presidency.

According to a autobiography of Clinton by David Maraniss, Jordan, renowned polite rights advocate, proffered a simple recommendation when a grapevine began to hum with legends of a Arkansas governor's womanising as well as a discuss between Clinton's advisers revolved around either he should wait for journalists to raise a make a difference or simply preempt them. Jordan's recommendation was, "Screw 'em! Don't tell 'em anything!"

Some years later, when an additional sex liaison occurred upon Clinton's watch during a White House (1992-2000), Jordan was purported to have told Monica Lewinsky, an novice suspected to have had an affair with a president:! "They c an't prove anything. Your answer is, 'It didn't happen. It wasn't me.' "At least, Jordan's proclivity for denial pertained to cases involving infidelity, not murder.

A attempted murder many foul

But we know which for an reliable standard to hold, it contingency dissuade fibbing in all circumstances, regardless of a bulk or miss of a dignified transgression entailed. Whither a reliable standard when we have been faced with a overpower of peripheral players in a box of a attempted murder many foul, as was Altantuya Shaariibuu's killing.

The overpower is lawyerly; it is not impugnable. In a end, it makes a point which law alone, no make a difference how comprehensive, cannot assure use of what is morally imperative.

Back in a 17th century, Hugo Grotius, a father of complicated law, quoted with capitulation a recommendation which a exemplary Greek playwright Euripides in 'The Trojan Woman' put in a mouth of Agamemnon addressing Pyrrhus: "What a law does not dissuade afterwards let contrition forbid."

This warn retains a dignified worth. While a law as well as a practitioners have been intensely critical for a existence of polite society, they cannot be considered enough guarantees of tellurian decency.

The exemption Dr Samuel Johnson, a many quotable of writers after Shakespeare, made for his element of not vocalization ill of a male behind his back was well taken.On a single occasion, a virtuoso was derisive about a male who had just left his association though Johnson pronounced he believed which a male he was referring to was an attorney.

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