JANUARY 30 — "A good case will win by itself. As a judge it is sometimes very frustrating to see good cases being lost because of poor handling.” — Gopal Sri Ram

Datuk Seri Gopal Sri Ram was arguably one of the most significant judicial figures who stood equal to some of the legal eagles of the world.

Sri Ram was revered and admired in the legal fraternity for his world-class brain and hallmark knowledge of every aspect of the law. He had a phenomenal memory and could deliver facts and information off-the-cuff with meticulous details.

With his demise, there will be an untimely loss and a vacuum in the courts of Malaysia. He was a great lawyer, one of the best ever produced in Malaysia. His contribution to the law in Malaysia is prodigious.

He will be remembered for his exceptionally well-written judgements which were always eminently readable, meticulous and persuasive. His exceptional articulation in language and eloquence in prose was evident in his written judgements.

His landmark judgements are some of the most cited and quoted as he had laid principles of law which have stood the test of time and will remain in legal journals.

Sri Ram had a keen eye for every little detail and would never tolerate even a punctuation error. He had no patience for lawyers who missed the heart of the matter and dwelled on irrelevant and collateral issues.

"On whichever side of the Bar you are standing, a strong foundation of the fundamentals is necessary. If this element is absent, characterisation of a problem becomes difficult if not impossible.

"A lot of judicial time is wasted or alternatively the matter will be disposed of summarily by reason of the missed appreciation of the applicable principle,” was one of his tick-offs to a counsel.

Sri Ram struck fear among his opponents and unnerved many members of the Bar with a sharp tongue and fierce candour. And yet, lawyers would say that one of the highlights of their career was to have worked with him.

Sri Ram had a human touch. He was a generous teacher to those who sought his advice, and used to spend his evenings tutoring court clerks and translators who sought to pursue law.

Datuk V. Sithambaram, senior counsel and lead prosecutor in former prime minister Datuk Seri Najib Razak’s SRC International case has tremendous respect for Sri Ram, with whom he had closely worked with.

"Sri Ram’s passion for the law is unparalleled. He was one of the few lawyers who was good in every branch of the law — civil, criminal, constitutional and administrative.

"We will miss this legal luminary whose cases both as a judge and lawyer will continue to guide us for years to come, "said Sithambaram.

Sri Ram’s rate of disposal of Appeals was staggeringly high. When he served as a judge in both the Court of Appeal and Federal Court, he delivered more than 800 judgements which are considered as leading legal authorities and precedents in Malaysian and Commonwealth courts.

Sri Ram had the distinction of being the first lawyer in private practice to be appointed straight to the Court of Appeal when it was set up in 1994 and he never served as a judicial commissioner or a High Court judge.

He was a Court of Appeal judge for 15 years before being elevated to the Federal Court in 2009 and subsequently retired in 2010. In 2005 he was made a Bencher of Lincoln’s Inn, where a majority of the benchers are King’s Counsel or senior members of the judiciary.

His trademark fearlessness, courage and independence were the defining premises in all the momentous decisions he delivered.

He was lead prosecutor in the 1MDB trial, which saw former prime minister Datuk Seri Najib Razak going to jail for 12 years for corruption.

Sri Ram may have earned a reputation for having the most number of applications to recuse him as prosecutor in several high-profile corruption cases.

Most recent is as the lead prosecutor for the RM1.25 billion solar hybrid project solar hybrid project for 369 rural schools in Sarawak, and money laundering whereby Najib’s wife Datin Seri Rosmah Mansor, who eventually was found guilty on three counts of corruption.

With many more landmark cases to his credit, Sri Ram was compared to Lord Thomas Denning. When asked about this, his quick-witted reply was "The comparison some have drawn between me and Lord Denning is unjust to that great jurist. He was a Judge who had exceptional judicial temperament which I severely lacked.”

Once a counsel was arguing on an appeal that had to do with the applicability of certain sections of the Civil Law Act but a closer look at the facts revealed that the Act had nothing to do with the issue.

"Please proceed to address me,” said Sri Ram, who reflected his annoyance for misappropriation of the law by leaning back on his chair with his eyes closed.

Sri Ram had told a young lawyer off when he said, "I humbly submit.”

"Advocates are never humble. Advocates are respectful but are forever without humility because they stand tall, being the only profession in this world which has the right or representation. No other profession can represent another human being in court.”

His remarkable respect for his profession was the reason he thrusted so much pressure on his counsels.

"Never allow a client to suffer for the mistake of his counsel,” he had said in one of his interviews. This had always been his guiding philosophy in deciding cases and probably should be inscribed in some court stationary.

*This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.