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Wednesday, February 1, 2023

Well-known and respected, Sri Ram is hard to replace

 


Former Federal Court judge Gopal Sri Ram passed away on Jan 29. He was 79 years old. He would have been 80 in August.

He was born on Aug 16, 1943. He received his education at the Batu Road English School and then the Victoria Institution. He taught English and Mathematics for a few years before going to England to read law. He was enrolled as an Utter Barrister in Lincoln's Inn and was also appointed as a Bencher.

Sri Ram was called to the Malaysian Bar in 1970. He was passionate about the law. He was a court lawyer from the start.

In the early years, Sri Ram would be seen discussing the law with some lawyer on every street corner from his office to the courthouse. He worked closely with lawyers like RR Chelliah and Palasunthuram.

He was an unusual lawyer in that he was equally good in civil litigation as he was in criminal cases.

He had an eidetic memory - he remembered whatever he read. He remembered the year and the date of cases he knew and the page number of the law report in which it appeared.

That was unnerving to lawyers on the other side, but it was comforting to clients and reassuring to lawyers who worked with him. And there were many of them.

Love for law

He just loved the law, and he loved helping anyone who sought his help.

There was a price to be paid when you worked for Sri Ram or when you sought his help. He would not hesitate to tell you what he thought of your intelligence or the getting up you had so painfully done on your case.

We knew that when we reached a dead end on a complicated matter and needed some help, we could go to him. He would listen and after a short pause, he would rattle off a series of cases. He would give you the facts of each case and tell you what was decided or discussed by the judge or judges in that case.

With him, there was always a case to be made or a defence to be raised. With him, you’d feel like there was always a solution to every legal problem.

Sri Ram was the lead prosecutor in the RM1.25 billion solar hybrid project case against Rosmah Mansor.

And that was Sri Ram. He saw the law as an immutable force and assembled his cases meticulously. He would argue with the force and authority of the reasoning and decisions of judges before him. That was the weight of binding judicial precedent.

Sri Ram was confident about the force and authority of the legal process and the legal system. That belief was the source of his confidence in the court. And some would say his arrogance.

As a lawyer, he made himself accessible to everyone. There would be a constant stream of lawyers waiting to see him for help in matters they were doing. Most would nervously approach him, expecting to be abused even as he helped them.

He did not suffer fools easily or lightly. Your preparation had to be thorough and your arguments solid. He was a teacher. He loved the law, and he loved applying his mind to legal problems.

His formidable memory helped him reach out to the vast store of knowledge buried deep within his brain.

We were always astonished at the seemingly endless storage of cases in his mind. We were also intrigued and amazed by how quickly he could assemble a legal case or defence when given the facts.

Appointed as a judge

Sri Ram was appointed directly to the Court of Appeal in 1994, where he remained for 15 years. In 2009, he was elevated to the Federal Court where he sat until his retirement in 2010.

As a judge, he was a colossus. He wrote more than 800 judgments. That is a staggering feat. Many of them were landmark decisions. Many of his former colleagues have attested to his contribution to legal knowledge and precedent.

Retirement

After retirement, he returned to practice. That was a fairly controversial move as the traditional view was that retired judges should not appear in court.

Their presence before former colleagues would place them at an unfair advantage over other lawyers. But after a while, the controversy died down and it was widely accepted that Sri Ram's vast knowledge and experience were beneficial to the courts and the Bar.

Showman

Someone said he was a showman in court. He loved the performance. He believed in the legal system and he knew that he was a good lawyer. He was thorough in his preparation.

He always said that in preparing your case, you must know your opponent's case as well as you knew yours.

In private, in the quiet of his office with his staff and young lawyers interning or working with him, he was always the pupil master. A few years with him would make you a formidable lawyer.

Deputy public prosecutor Ahmad Akram Gharib was quoted as saying that Sri Ram was like a father to all members of the 1MDB prosecution team. Many senior lawyers will attest to the growing experience of working with Sri Ram.

His lawyers, interns and staff became his family. They looked after him and he looked after them.

Humour

Sri Ram also had a dry sardonic sense of humour. When appearing before the Federal Court on an appeal, Sri Ram began citing cases to support very basic propositions of contract law.

The then-lord president interrupted him and said: “Should you not assume that we are familiar with these principles?”

Sri Ram immediately responded: “My Lord, that was the mistake I made in the court of first instance!”

Deputy public prosecutor

In more recent years, he has demonstrated his brilliance as a prosecutor in a series of complex cases related to 1MDB or involving corruption.

He led teams from the Attorney-General's Chambers and prosecuted several individuals. He publicly praised the DPPs assisting him for their excellent work.

Sri Ram has become a household name in this country. He is also well known and respected in many Commonwealth courts where his decisions are often cited as authority.

His death is a huge loss to the nation. Sri Ram will be hard to replace. - Mkini


The views expressed here are those of the author/contributor and do not necessarily represent the views of MMKtT.

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