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Edmund William Barker: Memories of a Just Man

He was an Honorary Member of The Law Society of Singapore, one of the few on our List of Honorary Members.

His life was as colourful as his ancestry. With the richness of Japanese, Indonesian, Irish, Scottish, Portuguese and German stock, Edmund William Barker, born in 1920, was a symbol of courage and vision, of believing and advocating what is right.

Tall - sometimes debonair - at all times confident of himself, Eddie (as he was affectionately known) was a beacon of truth, spoke and wrote with stark genuineness, and overall had the best of intentions; his forthrightness at times irked people, something not to be unexpected!

But his smile, and his mild-mannered ability to meet people of all ethnic backgrounds and mixes was the hallmark of his entire life; he was classless.

He rose from quite humble beginnings, amidst rubber plantations in Serangoon, and as a young family man in Katong, always enjoying the rustic life, especially when the family moved in 1963 to the somewhat (then) remote and tranquil Queen Astrid Park; change, for better or worse, is inevitable. He soon grew amidst a turbulent environment to be a scholar, statesman, and sportsman. What gave him the background to this was law - that was his forte - his legal training, and his application of it.

With a Queens Scholarship given to him during the days of the British Military Administration, Eddie left Singapore to read law in St Catherine's College, Cambridge, on the day he was married, only having told his pretty wife, Gloria, the Scholarship he received shortly before that momentous day - 9 September 1948. He graduated with Honours in Law, returning to Singapore in July 1951, to be called to our Bar on 20 August 1952. He joined Braddell Brothers, and a few years later, in 1956, Lee & Lee, where he was a partner until about 1964.

Eddie had class in law; his excellence in law in the '50s and early '60s was witnessed in the variety of legal expertise he practised in our courts. He argued Magistrate's Appeals, took on cases in our District Courts, appeared in our High Court, and advocated arguments in the then Federal Court of Appeal, when our systems were one.

One case that highlighted his career was Thomas Cowan & Co Ltd v Orme [1961] MLJ 41. Mr Joseph Grimberg of M/s Drew & Napier, now Senior Counsel, hardly four years at the Bar then, a near fledgling, argued for the plaintiffs; Eddie represented Orme. Orme had left the plaintiffs' employment, and started his own fumigation and pest control company which was in direct competition with the plaintiffs. As events unfolded, the plaintiffs took action against Orme as Orme had a covenant, whilst in the plaintiffs' employ, 'not to carry on the business of White Ant Exterminator or Fumigator anywhere in the Island of Singapore' for a period of three years.

Still good law, the general rule then was that all covenants in restraint of trade are prima facie void, unless they are reasonable in reference to the interests of the parties concerned and to the interests of the public.

The late Justice FA Chua, who heard the case, found the covenant unreasonable and void, and on that basis felt that the plaintiffs would have had a virtual monopoly in Singapore as regards fumigation. Orme succeeded, and Eddie walked off, in the usual manner, with a happy and contented client.

Eddie went on to argue for our former President, Mr Devan Nair, whose membership in the Malaysian Parliament ('Dewan Ra'ayat') was questioned, after Mr Nair's victory as a duly elected representative in a Kuala Lumpur Constituency, Bungsar. This time, Eddie was with Mr Yong Pung How (now our Honourable Chief Justice), then of Shook Lin & Bok, Kuala Lumpur, to advocate before (the late) Ismail Khan, J. In August 1964, Mr Nair had applied to strike out an election petition on the ground that the notice of the presentation of petition was not served by the petitioner on him within ten days of such presentation as required under the then Election Petition Rules.

Mr Nair won, and went on to serve the Bungsar ward. Eddie's point was that the petition was a nullity and incurable, and the judge found it so, and the petition was struck out (see Yong Kuan Teik v Devan Nair [1964] MLJ 456).

That was a time when lawyers here were able to cross the Causeway to represent clients (a right (or a privilege) denied to us, practising lawyers, in 1971). Eddie criss-crossed borders to represent further causes. From intellectual property matters to landlord and tenant cases, and even in the practice of criminal law - and a 'double' murder trial at that near Malacca which he won, and even a murder trial in Singapore - the tall and lanky Eddie left a mark in our courts, on both turfs.

Small wonder that when he was asked to enter politics, he pondered long, and queried whether he was cut out for this new 'game' altogether - for after all, at that time he was still a shy and reserved man. To be of public service decided him, and in 1963, he stood in Tanglin Constituency, a ward then with 4,424 voters; he won by a handsome margin of 2,427 votes against four other candidates. The next year, he was appointed Cabinet Minister, and that ended his great days at our Bar.

From then on, he was returned unopposed in all Parliamentary Elections - a rare feat in Singapore's political history - until he left politics in 1988.

He served as Cabinet Minister for two decades and four years, and was instrumental as Minister for Law, for the many laws that were drawn up, which, as practicing lawyers, we cite today in our courts.

Equally, he was a well-respected sportsman - he was a champion athlete, a national hockey player - he won 'blues' in tennis and badminton in Cambridge - and excelled, too, in soccer, cricket, and rugby - not forgetting his other pastime, billiards.

And yet, as he rose to be Cabinet Minister - his heart was still for the poor, the needy, the infirm, and the respect that he gave them was a true mark of a pioneer to our multi-racial society, a culmination of his days in Serangoon, Katong, Raffles Institution (where he was Head Prefect), and later at Raffles College (the War interrupted his years, and he was made to be a civilian 'volunteer' by the Japanese, serving as a medical orderly in the infamous Death Railway in Thailand), and then at Cambridge, England.

That easy and happy approach to life, an amiableness, yet carrying a natural nobility, and grand stature, helped so many, and many a time, to quell disquiet and discomfort, especially during the tumultuous times of Singapore's merger and separation with Malaysia. That is history now, and he was a part of it.

As former Prime Minister, Lee Kuan Yew (also an Honorary Member of The Law Society of Singapore) said to Eddie, who drafted the documents for separation from Malaysia, including 'The Proclamation of Independence', and who signed the documents with Tun Abdul Razak (during the time of 'Singapore - bashing') 'Thanks, Eddie, we've pulled off a bloodless coup': that was on 6 August 1965, (see The Singapore Story - Memoirs of Lee Kuan Yew). That bloodless coup meant so much for a populace betwixt the Straits, strung in a divide! Eddie had done it again in an elegant manner. Three days later, Singapore pulled out from Malaysia, and our Independence was proclaimed at 10am on the 9th of August, 1965 on our City Hall steps.

Many say it was easy for Eddie to convince Tun Razak to sign the documents as they knew each other from their Raffles College days, and were part of its hockey team; there was indeed a mutual trust in their relationship.

Eddie indeed walked tall with the rich and famous, and the poor and needy; he never forgot a friend, and found many friends among those in the throng.

His last public appearance was at 'The Opening of the Legal Year', this year, when he was in the distinguished audience, with our members, to see his daughter, Deborah Barker, being appointed Senior Counsel. He could have been one, too, and with great ease - but alas practised at a time when such excellence was not honoured, least of all featured, by the legal fraternity then.

But The Law Society of Singapore did see it apt to make him an Honorary Member. That was for his stupendous achievements in the field of law, and for his contributions to the Society, and the community. And true to form, Eddie enjoyed the many Annual Dinners the Law Society hosted over the years; he felt a special bond with lawyers.

In the later years of his life, and on retirement from politics, Eddie chaired the Shangri-La Hotel's Board of Directors, the Stock Exchange of Singapore, and the Singapore Turf Club. After the Board Meetings had come to an end, and the horses had run their race, in the benign climate wherever he was, whether with his billiards cue or his drink in his hand or strumming the strings of his guitar, singing the oldies, he held court - as if the tomorrows would never end.

In his retirement years, at times between the songs he sang, Eddie did look back at the yesteryears, pondered at the problems of modern Singapore and the region, or whatever, freed from the pressure of making an instant and partisan decision. That is what scholars are for. He was after all an oracle for our multi-racial society, and an early advocate at that. And he was a first generation Singaporean.

Eddie is history now; indeed history is a long process; he lived to 80. Eddie was part of us in the profession, our society, and as I said in my tribute at his cremation on 14 April 'Blessed is the memory of a just man'.

Eddie leaves behind his wife, Gloria, three daughters (two of whom are on our Roll - Carla and Deborah, both with Khattar Wong & Partners) and Gillian, and a son, Brandon.

Memories do live on for the just.

Palakrishnan, SC
President
The Law Society of Singapore

Judge Thygarajan

Members of the legal fraternity marked with great sadness the demise of District Judge Shanmugam Thygarajan ('Tiger' as he was affectionately known to friends and colleagues) in Melbourne on 22 March 2001.

He was in Melbourne to attend the convocation of his son, Rueben, but unfortunately missed the cherished and memorable event when he suffered a heart attack, while retiring for the night.

Judge Thygarajan was laid to rest at the Choa Chu Kang Cemetery on 25 March 2001.

Apart from his family and friends, his funeral was attended by a large section of the legal fraternity, including the Senior District Judge, Mr Richard Magnus, Chief of Staff - Legal Service, Mr Jeffery Chan, and his friends and colleagues in the Subordinate Courts and the Singapore Legal Service.

Mr R Palakrishnan, SC, the President of the Law Society, led the many members of the Bar who have fond memories of the good-hearted, compassionate and amiable judge before whom they appeared to argue their cases.

Judge Thygarajan began his legal career in 1972 as Legal Officer. He served in various Ministries, and in the Civil Division of the Attorney General's Chambers before taking up the post of a District Judge in the Subordinate Courts in 1993.

To all those who knew him, Judge Thygarajan was a resolute and sincere friend. He always made time for those who sought his advice and assistance, especially when it was over a hot curry lunch (Samy's Curry at Dempsey Road was his favourite).

He had a great sense of humour, and was able to enjoy a joke, even when it was, occasionally, at his own expense. He loved music, especially the 'oldies' by Elvis Presley and Cliff Richard.

Apart from presiding over as District Judge, Judge Thygarajan found time to write legal texts and articles on subjects such as employment law and on aspects of business law and practice. He also actively participated in disseminating his vast legal experience as a Judge and Legal Service Officer by offering his services as a consultant to the Board of Legal Education. Many young and budding lawyers will remember the professional manner but concerned and gracious touch in which he conducted practice classes in criminal procedure during the Practice Law Course.

Judge Thygarajan was a caring and devoted husband to his wife, Shirley, and a loving and doting father to his three children Jacinth, Rueben and Jonathan. He was especially concerned that his children should have the best education as he had experienced very difficult circumstances in seeing himself through the University of Singapore.

It was easy to observe the pride he felt when discussing with his close friends how well his daughter and elder son were doing in Australia.

He was extremely proud whenever his son, Rueben, was awarded semesteral scholarships in the university in Australia where he was studying. It must have been gratifying for him that he managed to see the eldest two completing their university education, and his younger son embarking on higher education in Australia.

We, in the legal fraternity, will certainly miss Judge Thygarajan's friendly and unassuming court disposition and manner. Our thoughts are with his family in this period of grief as they cope with their great loss. He was, in the words of the Senior District Judge, Mr Richard Magnus, 'a good man'.

Amarjit Singh
Deputy Public Prosecutor and State Counsel
Attorney-General's Chambers