Criminal cases in Malaysia often draw public attention, especially when they involve serious offences. However, how criminal cases are handled in Malaysia from arrest to trial remains widely misunderstood.
In this Q&A, Malaya Daily Today speaks to Kuala Lumpur-based criminal lawyer Sivahnanthan Ragava, who shares insights into how criminal cases and criminal trials work in Malaysia, what happens inside the courtroom, and the legal principles that guide each case.
Understanding Criminal Cases in Malaysia.
1) Can you introduce yourself and your practice as a criminal lawyer in Kuala Lumpur?
I am Sivahnanthan Ragava, a practising criminal lawyer in Kuala Lumpur. I only handle criminal cases and criminal litigation cases exclusively. I do not take on any other area of law apart from criminal matters. In particular, I handle high-stakes and serious crimes involving capital punishment, including drug trafficking cases under Section 39B of the Dangerous Drugs Act and murder cases. Other matters I handle include kidnapping, sexual offences, and financial crimes such as criminal breach of trust. However, my main niche is drug trafficking cases under Section 39B of the Dangerous Drugs Act 1952, which forms a substantial part of my practice.
2) What made you choose criminal defence/criminal law as your area of practice?
It is my passion for criminal law. I was very much attracted to the work of criminal lawyers from a young age. I found it very interesting, and I felt that criminal defence was a path in life that not many would choose, because we are defending someone who has committed a crime.
3) How different is criminal litigation compared to other areas of law in Malaysia?
Criminal cases involve less paperwork and are more focused on advocacy and challenging the facts. Civil work, on the other hand, is more paperwork-driven. A person can be a very good criminal lawyer but not necessarily a good civil lawyer, and vice versa a good civil lawyer may not be a good criminal lawyer.
4) What are some of the most serious criminal cases you have handled in Malaysia?
I have handled murder, kidnapping, drug trafficking, rape, sexual offences, and many more serious criminal matters.
5) What are the biggest risks an accused person faces without proper legal representation?
The biggest mistake every client makes is failing to appoint a lawyer at the earliest opportunity. This is very important because, as a layperson, you would not know the law or the limitations imposed on you. I have seen many people lose valuable rights and property even though they did nothing wrong, simply because they did not know the law and were unrepresented.
For example, in one case, a client owned a car that had been lent to his son. The son was involved with drugs, and when he was caught with drugs in the car, the car was seized as well because the police suspected it had been bought with proceeds from drug sales. Once a seizure happens, there is a 90-day time frame within which you must notify the investigating officer that you want to claim the car. The father failed to do so, and the 90-day period passed. If he had a lawyer, a notice of claim would have been sent, and with the relevant documents such as the father’s legal income, EPF, SOCSO, and so on he would likely have gotten the car back. But because he failed to act in time, the car went to the government. This is a classic example of how a person can lose something simply because they were not advised by a lawyer.
6) There are many different types of lawyers in Malaysia. Can all lawyers handle criminal cases, or does it require specific experience in criminal defence?
This is another major problem. Never ever appoint a lawyer who is not a criminal lawyer to handle a criminal case it is as good as appointing a layperson. You cannot appoint a conveyancing lawyer who deals with the sale and purchase of houses to handle a criminal case. It is essentially the same as not hiring a lawyer at all. That is why it is very important to hire a lawyer who is specialised in criminal law and well-versed in criminal matters.
7) What is the most challenging part of being a criminal lawyer handling serious cases?
The most challenging part is when you know the prosecution witness is lying through their mouth, and you still have to prove it with limited resources. You have to remember that I am fighting for my client against the State, which has all the resources at its fingertips.
8) What is the biggest fear you have experienced in your career as a criminal lawyer in Kuala Lumpur?
My biggest fear is when an innocent person gets convicted. That is my biggest fear.
9) What goes through your mind when handling cases involving severe penalties, including the death penalty?
It is quite tough to go through this. You have to be mentally and emotionally prepared because, in death penalty cases, the freedom of a person lies in your hands, whether he gets the death penalty or 30 to 40 years in jail depends on your work. One mistake can collapse the entire defence. One wrong question, and three to four years of hard work is gone, and I may be sending a man to the hangman’s noose. Not only that, but you must also bear in mind that an entire family will have to live without that person for the next 30 to 40 years.
10) How do you deal with the pressure of defending someone facing life-changing consequences?
The best way to deal with it is to remain calm at all times. When the client is acquitted, that is the best moment for a criminal lawyer. You become like a god to them and their family for the rest of their lives. But if they are convicted, you become the devil, all the blame will be on you. That is the toughest part of practising as a criminal lawyer. You will look like the person responsible for the conviction of the accused. In such situations, we have to remain calm and keep our cool.
I have dealt with such circumstances before, where upon conviction, the client and the entire family yelled at me in front of the court. As a human being, I do understand this. We are talking about 30 to 40 years in jail or even the death penalty for their loved one. In that situation, all we can do is keep our cool and explain things to the family.
11) What are the most common mistakes clients make after being arrested?
The common mistake is not appointing the right lawyer. For example, in a criminal case, they appoint a lawyer who does not handle criminal matters. Another mistake is trying to bribe their way out, thinking it will solve the problem.
12) Do you face backlash from the public for defending individuals accused of serious crimes?
Yes, almost every high-profile case I handle that is reported in the news attracts backlash from the public through social media comments and posts by netizens. It has become so normal that I am almost numb to it.
13) How do you respond to criticism that criminal lawyers are “defending the guilty”?
I always get that question. It depends on who is criticising me. If you are a netizen or keyboard warrior, I do not have time for that. But if you are a professional asking me that sincerely, I will answer you. My response is simple: we are not defending the client’s conscience, we are defending the law and procedure. It is as simple as that.
14) Do you mind explaining what you mean by defending the law and procedure, and not the client’s conscience?
Yes, I can explain. Let me give you an example. If you want to become the Prime Minister of this country, the law prescribes certain qualifications and requirements. For example, you cannot be a bankrupt, you need to be a Member of Parliament, you need to have a simple majority in Parliament, and the Members of Parliament who form that simple majority must agree that you are the Prime Minister before you go to the Yang di-Pertuan Agong to be sworn in. So basically, there is a set of law, procedure, and requirements to follow before becoming a Prime Minister.
Likewise, if you want to convict a person for a crime, the law prescribes certain rules, laws, and procedures that must be followed before convicting someone. In criminal law, this would involve the Evidence Act, the Criminal Procedure Code, and the act creating the offence, such as the Penal Code or the Dangerous Drugs Act 1952. So my duty is to assist the court in determining whether the prosecution has followed the law and procedure and whether it has proved the requirements under all the relevant law to convict my client. That is my job.
15) Even if you know your client is guilty, you still have to do that? Isn’t that wrong?
Well, let me ask you a question. If you are a doctor working in a hospital, and suddenly a patient comes in the patient has been shot by the police for trying to run away, and the patient has 100 criminal records can you tell the patient that you do not want to treat him because he is a criminal? Or does any law allow you to stop treating such a person ?
16) Have you ever been personally targeted or threatened because of the cases you handle?
Yes, many times, by the public. Because we are representing the accused, the victim’s side will often act out of emotion calling from private numbers, sending threatening messages, and so on.
17) What separates a strong criminal defence from a weak one?
Appointing the right lawyer for the right case. For example, only a criminal lawyer can handle a criminal case. You need a lawyer who has specialisation in criminal law.
18) In your experience, what factors can make or break a serious criminal case?
Honesty from the client. He needs to tell us the truth. That is all. If he hides the truth, his case is dead, because I will be caught by surprise during the prosecution’s case.
19) How important is early legal strategy in criminal defence?
It is the most important thing. No case can be prepared in a month or two. The earlier a lawyer is involved, the better the representation will be.
20) Why is it important to choose an experienced criminal lawyer in Kuala Lumpur for serious cases?
Simply because if someone does not have experience in what they are doing, you are actually gambling your life and freedom. We are not talking about offences that carry only a fine or one to five years’ imprisonment we are talking about the risk of the death penalty and 40 years of imprisonment.
21) What should someone look for when choosing a criminal defence lawyer in Malaysia?
Experience, specialisation, and track record.
22) What drives you to continue practising in such a high-pressure area of law?
My passion, and my love for criminal law.
About the Interviewee
The interviewee, Sivahnanthan Ragava, is a prominent criminal lawyer in Kuala Lumpur. He practises exclusively in criminal cases and handles serious criminal offences and other high-stakes criminal matters.He is the founder of Chambers of Sivahnanthan Ragava. For more information about the interviewee, visit: https://sivahnanthanragava.com.my
-MalayaDailyToday
