NEWS

Singapore Advocacy Training in Brunei

Following closely on the heels of six weeks of successful PLC Advocacy Workshops, the Advocacy Committee with several of the lead trainers went to Brunei, at the invitation of the Law Society of Brunei Darussalam, to conduct an Appellate Advocacy Workshop from 28 to 30 August 2008.

The Singapore trainers, led by Mr Chelva Rajah, SC and Advocacy Committee chairman, Mr N. Sreenivasan included Mr Sant Singh, SC; Mr Lok Vi Ming, SC; Mr Sushil Nair; Mr Harish Kumar; Mr Samuel Chacko; and I. We were hosted by the Brunei Law Society at the Empire Hotel and Country Club, where the workshop was conducted.

The Advocacy Committee used materials comprising three hypothetical problems based on Singapore court cases. The first hypothetical case concerned an appeal on a stay application based on forum non conveniens. The participants were required to apply the principles set out in the well known case of Eng Liat Kiang v. Eng Bak Hern [1995] 3 SLR 97 to the hypothetical case and address the trainers acting as the Appellate Court.

The second hypothetical problem contained facts loosely based on the Singapore case of 'The Sunrise Crane' [2004] SGCA 42. In this exercise, the participants were required to examine the grounds of the trial judge's decision and address the Appellate Court as to why the decision was to be upheld or reversed. In particular, the participants were required to make submissions as to how the imposition of a duty of care was to be determined, whether the duty of care was to be extended to the facts of the hypothetical case and whether there was a breach of the duty. The materials gave participants a lot of fodder for submissions as the 'The Sunrise Crane' case was a two to one decision.

The third hypothetical problem was an appeal to the Criminal Court of Appeal relating to a charge under the Misuse of Drugs Act. In this instance, the participants were invited to challenge or defend the trial judge's findings on the identification of the accused and inferences that were made by the trial judge as recorded in the grounds
of decision.

The programme started on the first day with the Singapore trainers introducing the training method to the senior Bruneian lawyers who were identified to be co-trainers for the programme. The Bruneian lawyers were trained on the six-step approach of Headnote, Playback, Rationale, Prescription, Demonstration and Explanation, with an intensive role playing and training programme on the first day. Over the next two days, the Singapore trainers together with the Bruneian trainers conducted the training sessions with the participants comprising senior and junior members of the Bruneian Bar as well as several prosecutors from their Attorney-General's Chambers. Brunei's Acting Chief Justice also graced the occasion and opened
the workshop.

The Organising Committee took great care to ensure that the Singapore trainers and their accompanying family members were comfortable, and their hospitality and warmth were deeply felt and appreciated by the Singapore contingent. The Bruneian lawyers, including the President of their Law Society, were excellent hosts in arranging dinner in the evenings.

It was immensely satisfying to note the favourable feedback from the course participants. We have been invited to consider conducting a Basic Trial Advocacy Workshop for such foreign participants in future. More efforts will also be made to explore teaching opportunities beyond the shores of Singapore. This will complement the primary role of the Committee, which is to provide advocacy training to members of our Bar and to PLC students.

Next on the Committee's agenda is a Written Advocacy course to be conducted in early 2009. The course will be taught by Senior Counsel, experienced practitioners and distinguished faculty members of the National University
of Singapore.

Daniel Koh
Advocacy Committee