LEGAL AID COURSE PART 1 & 2 : 30.11.2025
YBGK Part 1 & 2 : Admistrative Matters , Arrest, Remand, Bail & Mitigation
Last Saturday, 30 November 2025, I attended Yayasan Bantuan Guaman Kebangsaan (YBGK)’s first course for lawyers.
The sessions were conducted by Mdm. Anita A/P Vijaya Rajah (Gan & Zul) and Mr. Ramesh Vasan (Ramesh Vasan & Co), both from Kluang. There were about 35 of us in the room altogether.
For me, attending this course was part of a personal checklist. One of those things you must fulfil to feel like a truly practising lawyer. I registered because I wanted to start taking criminal files to gain trial experience. Most importantly, I woke up that morning and told myself: Today I must make new friends.
As I was getting ready, one of my seniors from college called asking if I was attending. I happily confirmed and the drive itself was pure joy. Clear roads, unlike the usual weekday court traffic. I was so relaxed I even drove past the Johore Bar and had to make a U-turn… just in time to receive a call from Kak Hamidah from Johore Bar confirming my attendance.
Upon arrival, Ms Anita politely welcomed me. I was the last one to walk in. Yes, the late-comer, and the penalty for that was sitting right in the front row.
Lectures
The morning began with Ms Anita’s lecture on Arrest, followed by Mr Ramesh on Remand & Bail, before both of them wrapped up the session.
During the remand lecture, we had a very lively and interactive discussion. Many technical questions were raised, including whether “soal siat” (interrogation) and “siasatan” (investigation) are the same.
At one point, Mr Ramesh enthusiastically explained the meaning of “roadshow” upon my request, while discussing Article 5(4) of the Federal Constitution. His sense of humour was appreciated by everyone—we had a healthy, energetic exchange throughout.
During these discussions, I couldn’t help recalling past remand proceedings I had attended—some that still frustrate me till today
1. Remand Ordered Despite Withdrawal of Police Report
[No nexus]
A case under s.326 involving a 15-year-old girl from a broken family.
The complainant, her biological mother lodged a false report claiming my client attacked her with a kitchen knife. In reality, my client had not eaten for days and was using the knife merely to cut a Milo packet. The mother grabbed the knife aggressively and ended up injuring herself.
The report was later withdrawn at the father’s request.
Still, the magistrate ordered one day of extended remand.
No nexus. None.
2. Disregard of Legal Submissions
[No nexus]
Two clients were arrested under s.43 of the Societies Act. The IO gave these reasons:
i. Allegedly members of a kongsi gelap
ii. Allegedly members of “D7 Group”
iii. Tattoos with numbers said to represent kongsi gelap
First of all : since when is a kongsi gelap a registered pertubuhan?
Second : What even is D7?
And if it is supposedly a society, do we expect ROS to magically complete investigations overnight? How long should my clients be detained until then?
The elements under s.43 were not satisfied. No illegal meeting, no payment, no participation in prohibited activities. They were simply asked to come to IPD and ended up arrested for nothing.
Yet the magistrate ordered 3 days’ remand.
Lunch Break
For lunch, I went with my senior and two new friends to a vegetarian place near Johore Bar Chaiport. They offered RM12 kovil sapadu meals: unlimited rice and dishes, except for the tauhu sambal (depressing).
Thanks to Mr Ganesan from KL for the belanja following the unwritten rule that the most senior counsel at the table pays.
After a very satisfying karupatti ginger chai, we returned for Ms Anita’s lecture on Mitigation. She emphasised s.294 of the CPC (First Offenders), encouraging the use of bonds of good behaviour instead of imprisonment. She highlighted how the “universities of universities” our prisons may only produce more seasoned criminals
Group Activity
After the lectures, we were divided into four groups to role-play a remand scenario. It was genuinely fun, and I think extremely valuable especially for colleagues with no prior criminal law exposure. Even though the role-play does not count towards the exam, it gives at least a basic idea of what to expect in real remand proceedings.
The Surprise Exam
I absolutely did not read the agenda, so I was shocked to learn only from my friends that there would be an exam on the same day. I hope that I pass. Upon the end of exam Ms Anita and Mr Ramesh shook my hands and wished me luck for the results. How sweet of them...
But more importantly, I hope the next generation of YBGK lawyers will be firm, steady, and unafraid to object to discrepancies by the police. We are simply upholding the law and magistrates must be reminded, through our submissions, of the significance of every order they make.
Parimitaa KM
02.12.2025
Johore
Comments
Post a Comment