Dear Ministers, Your Reasonings Are Flawed

            Just when most Malaysians could breathe a sigh of relief that finally people who have the right knowledge of the law is making the headlines again following the decision of the Court of Appeal in the UKM 4 case, our brilliant and entertaining ministers in the PM Department had to prove us wrong all over again. In the latest instalment of “How I Met My Silly Politician”, the two ministers were commenting on the issue of homosexuality and how it was considered to be unconstitutional by both men who had very interesting and “creative” arguments in which they hope (I assume) will mislead the public into thinking that being a gay or lesbian is unconstitutional. That in the event you are torn in between both sexes, you SHALL flip a coin and choose one sex because the constitution said so. I’m sorry Mr. and Mr. Minister, but I’ll have to say that both of the arguments are flawed.

            The first minister, who is in charge of Islamic affairs and Jakim stated that being gay is unconstitutional by virtue of section 377(a), (b), (c) and (d) of the Penal Code which relates to carnal intercourse against the order of nature. “Whoa!”, “wa lau eh” and “fuyoh” would probably be a response from any lay men. However, anyone who has a legal background would not be perplexed upon hearing such silly argument because in order to determine if something is unconstitutional, you’ll have to rely upon the supreme law of the land, the Federal Constitution and not on the basis of an ordinary law such as the Penal Code. If we were to follow in the Minister’s argument based on the Penal Code to determine the constitutionality of being a homosexual, it would mean that anyone has the right to be gay so long as he/she does not commit any carnal intercourse as provided in section 377. Besides, it also means that a he can grab another he’s testicles and make out affectionately in public with each other as long as one of them does not stick his penis into the other’s anus. According to the Minister, such a relationship is permitted under the law. Being a disciple of the law, I’m afraid I can’t follow his argument.

            True to the song “Two Is Better Than One” by Taylor Swift, the de facto law Minister came to the rescue in order to divert the attention from the donkey (sorry but I can’t help to say it) above. With the spot light upon him, the Minister raised Article 3(1) of the Federal Constitution which provides that “Islam is the religion of the Federation but other religions may be practiced…..” and claimed that an act which is against Islam is deemed to be unconstitutional. With not all due respect to the Minister, I would like to humbly reject his argument based on two grounds. Firstly, that Malaysia is a secular state and thus, the constitutionality of any law should be measured against the Federal Constitution and not any Islamic law. Subsequent to Independence, Tunku Abdul Rahman made an announcement to the Parliament that “I would like to make it clear that this country is not an Islamic State as it is generally understood, we merely provided that Islam shall be the official religion of the State.” Alternatively, in the landmark case of Che Omar b Che Soh v PP, Salleh Abas L.P. held that Malaysia is a secular state. This goes to show that the Federal Constitution is the supreme law of the land instead of Islam. Secondly, an act should not be deemed to be unconstitutional by virtue of it contradicting with the religion of Islam. There are many acts which are against the values of Islam such as gambling or consumption of alcohol or pork but these acts are not regarded as unconstitutional. Laws which govern the Muslims should never be imposed upon the non-Muslim.

            Nothing in the constitution denies anyone of his or her identity based solely on their sexuality. Notwithstanding, what is actually provided in the constitution, more specifically in Article 5, is the right to life and this ‘life’ should not only be construed in the narrow sense but also the right to a ‘quality of life’ which is free from any discrimination based on one’s sexuality. What would be unconstitutional in my view, is when we deny this minority group to be who they are and discriminate or marginalise them. In addition, it would also be "unconstitutional" for a politician to mislead the public on the law and to issue a sweeping statement without ascertaining the validity of his statement. Now that you know the truth and nothing but the truth which includes knowing the fact that the tax-payers’ money is spent on such baboons, I’d like to table a motion (not to pass motion but) to have Lord Bobo of LoyarBurok to take over their places. Besides, he’d only cost us bananas. 

Unconstitutionality of UUCA: A Victory for Varsity Students

Note: The following post was meant to be my answer script for my English “mid-semester break distraction” homework. What better way than to slug it out through a no-holds barred approach?

          The recent Court of Appeal’s 2-1 majority decision to declare Section 15(5)(a) of the Universities and University Colleges Act 1971 (UUCA) unconstitutional should not only be viewed as a victory for all local university students but should also be rejoiced upon by all Malaysians. The unconstitutionality of the said provision signifies that it is no longer applicable and cannot be enforced in our country. Section 15(5)(a) of the said oppressive Act reads “No student of the University and no organisation body or group of students of the University which is established by under or in accordance with the Constitution shall express or do anything which may reasonably be construed as expressing support for or sympathy with or opposition to any political party whether in or outside Malaysia ”. 

            This declaration made by the court that the said provision is null and void has been a long time coming as it violates the freedom of speech and expression which is provided under Article 10 of the Federal Constitution which is the supreme law of the land. According to one of the judges who decided in favour the UKM4, Mohd Hishamudin Mohd Yunus J, he said “Freedom of expression is one of the most fundamental rights that individuals enjoy. It is fundamental to the existence of democracy and the respect of human dignity.” 

       Following the learned judge’s argument, it is absurd to impose such restrictions upon university students who should be given the avenue and encouragement to broaden their mindset and be critical on the various issues affecting not only the country but also their lives. It is even more absurd to come to think that someone who is working in McDonald’s or a student sitting for PMR has more rights to express their views compared to a law student in University of Malaya where such freedom (although not absolute) has been guaranteed and enshrined in our Constitution. 

         Alternatively, as highlighted by the Court of Appeal, section 15(5)(a) directly contradicts with Article 119 of the Federal Constitution which entitles anyone who has reached the age of twenty-one to register as a voter and exercise his or her rights under the country’s democratic system. Considering the fact that anyone who has attained the age of twenty-one and is pursuing his education in a local university is allowed to vote, this infers his support towards a particular political party which is a form of expression and participation in politics. Thus, it is silly that section 15(5)(a) disallows university students to express their views on their political stand. What doesn’t make sense is that anyone who has attained the age of majority is allowed to get married, start a family, obtain a driving licence or even be a Prime Minister but their political views are bound by the UUCA. 

           According to the Minister of Higher Education, he said “The main goal of education is to encourage students to think constructively and critically without any restrictions. By just toeing the party line, the student is merely having other people's opinions, not his own.” In my humble opinion, there is no way I can agree with the statement made. Firstly, the statement made by the Minister is in direct contradiction itself. How are university students supposed to think constructively and critically without any restrictions when the provision is restrictive in nature? With regards to his second sentence, it is of grave disrespect to the thousands of local university student out there to say that we are not able to form our own opinion. Judging by the issue of brain-drain which is affecting our country, I believe Malaysian students are far more than capable of having their own opinion. The problem is and has always been due to the prohibition under the Act. 

           It is time for the legislature to act upon such declaration made by the Court of Appeal and repeal the said provision although the Government may appeal to the Federal Court to overturn the decision. This ruling should be seen as an opportunity for the legislature to do the right thing. Even the dissenting judge in the case said in his judgment that “by way of obiter, Parliament may wish to consider an amendment to section 15(5) in particular and the whole Act in general so as to bring about a repeal or review thereof.” The decision to repeal the provision should not made be due to the pressure of certain parties who might have their own agenda or to protect their students from ‘unwanted’ distractions but should be made solely based on its unconstitutionality. 

        This landmark decision was a milestone in the sense that it has indicated that our courts are no longer afraid of confronting constitutional issues rather that side-stepping it (which they have done so in many previous occasions) and uphold the notion of constitutionalism in our country. Although it is rather optimistic (and too early) to say that our judiciary had taken a paradigm shift and exercised a certain degree of judicial independence in addressing such issue, nevertheless, there is at least a glimpse of hope for all Malaysians that there still exists brave and insightful judges in our judiciary such as Mohd Hishamudin Mohd Yunus J and Linton Albert J to take over from the likes of NH Chan J. 

        In spite of what has been said, what is evident from this case is that there are judges (though not many) in our courts who understand and appreciate the idea of constitutionalism and rights to fundamental liberties, there are determined lawyers who are willing to argue for this principle and there are students who are brave enough to stand up and fight for their rights. Although the government might appeal against the decision and who knows, the Federal Court might overrule it but for now, let us rejoice at the historic judgment. 

Back In Black

          I’d be lying if I were to say that there wasn’t a moment in my four months semester break where I was actually anticipating for the start of the new academic year. Constitutional law, J.K.O., leading the LawNite troopers and also finally shifting out of 1^st college into my Shangri-la really excited me. What I didn’t know was that there was an element of misrepresentation in my vivid imagination where I had overlooked the fact that there were hundreds of cases to be read up for each subject, rushing of assignment deadlines, very vocal juniors to orientate and the prospect of main masak-masak for my dinner. Oh yes. Damn I was eager to get back!

          The good life began with Orientation Week 2011/12. After being picked on by the J.K.O.s as a freshie last year, I was definitely out to get my revenge successor. The Orientation Week is traditionally conducted by the Jawatankuasa Orientasi which is made up of 2^nd, 3^rd and final year seniors. Personally, this is an activity where a majority of the students would want to join maybe because of the exclusivity or professionalism which the juniors had witnessed when they were ragged orientated in first year. The Men In Black suits coupled with the ice-cool attitude and poker face was the theme of the week. First day of orientation as a J.K.O. was an unforgettable feeling. Although we had the upper hand of being the predator rather than prey, I was really nervous to meet the juniors for the first time. Heck! Imagine what would’ve happened if you were to slip while walking macho-ly or had forgotten to zip your pants and a junior pointed that out to you? %$#*$##@! Talk about freaking each other out juniors! Phew. Nevertheless, what really impressed me most about them was how vocal and rebellious they were which might be counter-productive if they are unable to draw the fine line between being vocal and being disrespectful or showing-off. At the end of the week, it was worthwhile to wake up at 6.30a.m. daily and being a steam chicken soaking up the heat while wearing blazer just for the sake of ragging getting to know the juniors.

The Men (and Ladies) In Black. Owh yeah baby!

Muahahahaha.....

          Then there’s the pleasant “headache” of organising the most glamorous and memorable LawNite the faculty has witnessed. Just to enlighten those who are oblivious to LawNite, succinctly, it is an annual dinner attended by lawyers and academicians, staffs and students of the faculty. It is a pleasant “headache” because it allows you to learn through the hard way on how an organisation is being run. From understanding and approving the budgets to putting up with the university administrator’s bureaucracy and “efficient and friendly” service, there’s more to it than just merely managing your human resources when it comes to being the director. Fortunately,  with a group of creative, exciting and zestful members along with the continuous support of the Law Society, it just makes my job that lil’ bit easier. Oh, did I mention that they are also unbelievably talented too? I guess only time will tell how successful it will be this year. *fingers crossed*

          On the academic “menu”, the subjects this year have been rather interesting compared to last year’s which is why I guess there isn’t any temptation to doze off. For appetisers, there’s Criminal law cases to cater for the weekly CSI dramas followed by soup of the day, Employment law which serves a healthy dose of Common law cases for you to memorise and regurgitate. Then we have the main event, the entré Constitutional law dressed with current issues such as the implementation of hudud law, repeal of ISA and the recent Court of Appeal decision on the UUCA to complement the subject. As for deserts, there’s the interesting and debatable issues in Public International law and last but not least, the “dry” and technical Land law which must be cooked “very well done” (you’ll have to attend Land law lecturers to understand this term). As for tutorials, being able to work closely with Professor Khaw Lake Tee who happens to be SUHAKAM Commissioner and the closest thing to “Twin Cities” from Real Steel for her ability to advocate a case from different perspectives, is just an added bonus having been able to experience the same brain-orgasmic effect of attending Prof. Norchaya’s classes.


          Apart from the roller-coaster experiences above, life’s been a lil’ less merrier without the “hostile” mak ciks at my previous college’s dewan makan and the “tele-chubbies” who have been shipped to America and South Korea albeit the American version will be back sooner and fatter. *hoping for souveniers* In a nutshell, life’s been better this year if you don’t consider the four assignments, two test and one disgusting housemate which I’ll have to put up to. Let’s just hope that my next post would not be made some three months later.  

"Footprints"

Note: At a time where I began to question the existence of God in my life, I stumbled upon an old piece of note hung at a wall while I was rushing to bind my Criminal Law Assignment. Although there’s still a possibility of me being an Atheist, but you just can’t help to think that miracles don’t just happen by itself in life. Here’s the note which got me questioning all over again:

                One night I had a dream…I dreamed I was walking along the beach with God and across the sky flashed scenes of my life. For each scene, I notice two sets of footprints in the sand, one belonged to me and the other to God. When the last scene of my life flashed before us I looked back, at the footprints in the sand.

            I also noticed that at times along the path of life there was only one set of footprints. I also noticed that it happened at the very lowest and saddest time of my life. This really bothered me and I asked God about it.

            “God, you said that once I decided to follow you, you would walk with me all the way, but I noticed that during the most troublesome time in my life there is only one set of footprints. I don’t understand why in times I needed you most, you would leave me.” God replied, “My precious, precious child, I love you and I would never, ever leave you alone during your times of trials and suffering.”

            “When you only see one set of footprints, it was then that I carried you.”

Nothing Odd About Odd Jobs

          School’s out and the holidays are here for the next four months or so. For those of you planning to earn the extra cash during this period, I’d like to share with you my paltry experience of being an odd-jobber. An odd-jobber as defined in dictionary.com means to work at a series of unrelated or unspecialized jobs, often of a low-paying or sometimes degrading in nature. I’d like to differ with that. This definition actually reflects society’s perception towards such group of working class – lowly paid, menial and irresponsible people who would let life take them where ever they may go. I too was of the same view not so long ago and I bet that most of you reading this post would feel the same way.

            You see, I had the privilege of experiencing what it feels like to work in both worlds. Before I started taking up odd-jobs, I previously worked as a full-timer in Holiday Inn Melaka as an F&B Assistant. I know it sounds fulamak-ish but it actually means ‘waiter’. Most of you would’ve contemplated on taking full-time jobs such as in hotels, cafes, boutiques, fast-food chains, cinema or etc. One which provides you with a steady monthly income and fixed working schedules. I had no qualms being a full-timer until I felt the grass on the other side of the fence.

            Odd-jobbers are mostly part-timers. We do various jobs from being promoters at shopping centers or events to being mascots, surveyors, merchandisers, flyers distributors and event crews. These are only a handful of jobs which I’ve explored so far in my reasonable ‘career’ as an odd-jobber. When I first started out, I was paranoid as to what people would think of me. Lowly paid? No direction in life? Frankly, it is not a job where every youth would jump into. However, the lucrative salary kept me going and since then, I’ve never looked back to working as a full-timer.

            If I could persuade you to take the road less traveled, I’d like to highlight a few benefits of being an odd-jobber. Firstly, an odd-jobber earns at least 2.5 or 3 times more than any full-timer. You’ll be able to earn salaries up to RM150 per day depending on the type of jobs you take (emphasis added). Secondly, for the same amount of salary that a full-timer is earning, you’ll only have to work during weekends. So why would you want to work for twelve hours a day for the whole week when you could just work for an average of eight to nine hours daily during weekends? You don’t need to be a rocket-scientist to work out the maths. Besides, the working schedule is also flexible. You’re not tied down to any obligation or contract and the jobs you get are on weekly basis. How convenient!

            In addition, you’ll be able to meet people from all walks of life be it kids, the elderly, the low incomes or the snobbish rich ones. This direct interaction makes you feel more connected to society and brings yourself down to their level. To tell you the truth, I’m more comfortable befriending the other aunties working in the supermarkets than a few scholarship recipients I know of. They are just so down to earth people. Sorry mates. Lastly, being an odd-jobber is one of the easiest jobs in the world. It requires very little effort except for the fact that you may be required to stand for long hours in a particular spot but hey, what’s the handsome salary for?

            I’ve made my point now about being an odd-jobber. If you’re someone who lives by the saying ‘work smart, not hard’, I’ll strongly suggest that you go look out for these part-time jobs instead. Where? Well, Google it! You’ll probably feel shy when you start your first job. I mean there’s always that ‘youth pride’ which is hard to swallow. You might even be paranoid as to what other might feel about you especially your friends when you wear that ridiculous promoter outfit. I know how it feels like but never let how others feel about you to influence you. In fact, I wouldn’t mind if my friends or acquaintances saw me because they’ll go like, “Hey, isn’t that Eugene, the guy who has a Sime Darby scholarship and a would-be future lawyer in three years time?” Yes, the peculiar look on their faces is just - priceless. Awesomeness.

 Event Coordinator in a Concert

Mascot. RM60 for 1/2 hour.

Typical Promoter

First. Year. Dahsyat.

            “When the five red lights illuminate, the new Formula One season is a go!” F1 commentator Steve Slater never fails to send the shivers down to my spine and give me that five-second goosebumps whenever he mentions this sentence at start of the season. It marks the beginning of a long and arduous season for the F1 drivers and fans which is guaranteed to be filled with speechless overtaking maneuvers (mostly in the form of one daredevil Lewis Hamilton), sublime driving skills, horrific crashes, dramas, controversies, scandals and at the end of it, the crowning of a World Champion.

2008 World Champion, Lewis Hamilton

             Life as a law understudy in UM has been nothing less than what you can expect to see in a typical F1 season. Sure there’s always the disappointment of not scoring the grades you’re hoping for, the thrill of finishing assignments at the last minute and at times, the pressure of juggling between activities, friends, scholarship targets and your academic results. Notwithstanding, my first year reading law in UM has been a rather challenging, exciting and eye opening experience for me.  Forget about whatever the critics have been saying about local public universities, the fact of the matter remains that the law faculty in UM has definitely provided me with the exposure and spring board for me to realize my goals. (emphasis added)

            My university adventure began with both the college (hostel) and faculty orientation. I’ll reserve my opinions for the ridiculous college orientation which includes waking up 4 a.m. to do senam 1Malaysia, learning college cheers and wearing same coloured kindergarten-ish shirts. Faculty orientation, however, was a different story altogether. We were heavily drilled, grilled and was constantly being shouted at and scolded by a group of our seniors, glamorously known as the JKOs which I’ll be a part of come this new semester. It was a tough and mentally draining week which was further exacerbated with me being targeted on purpose by my seniors for my distinct look - the curly hair. Nevertheless, orientation week was a pleasure to be part of. It taught us, the ‘freshies’, to be disciplined and meticulous in whatever we did which in my humble opinion, resonates with the requirements of being in the legal profession.

            The law faculty is anything but lacking in activities for the students. From Community Outreach Program to ALSA (Asian Law Students Association) to the Law Society, the students have various avenues for developing their leadership qualities and also to exercise a greater role in making a change in society. Of these activities, I was fortunate enough to be able to play a role in activities such as Law Career Convention, the faculty’s annual dinner LawNite and also ALSA Korea Winter Study Trip (article posted in previous posts). The interesting part of being involved in all these activities is that I was able to work under various leaders with different approaches on how to get the job done and also to expand my network to not only law students from other various countries but also members of the legal fraternity.

                Apart from all those activities, the highlight of my first year would be being exposed to mooting. A moot is quite similar to debating but it involves articulating legal arguments in front of a bench of judges. My first ever mooting experience was during the Internal Moot Competition which was participated, strangely, by first years who weren’t exposed to moots at all. The top three mooters will then represent UM in a friendly competition against NUS and I was privileged enough to be one of them. What’s even more fortunate is that I was able to board the KTM train from K.L. Sentral to Singapore before it was shut down. When we were in the Lion’s Den, it was a no contest and UM was easily finished off by NUS. My team was up against second years who had international mooting experience and thus, it did not come as a surprise when the results were announced. It was terrible feeling when you are under the spotlight for that 15 minutes and being grilled by the judges but at the end of the day, it was a priceless experience. There were many flaws in our approach, research and presentation which can definitely be improvised come the next mooting competition.

                My experience in the faculty has neither been a bed of roses nor a pleasure cruise all the while. Disappointments have become part and parcel of life here. As are not easy to come by. Although this is a faculty where you have students scoring top grades in SPM and at pre-u level, the tables are turned here. Hard work doesn’t translate into results, trust me mate! Sitting in the front row doesn’t mean you’ll be able to absorb what is going on in lectures. Scoring A has been a rarity and at times, I was introduced to other alphabets which I had never seen for a while in my results slip. I’ll be frank and say that I’m rather disappointed at my results but hey, Harry Potter was not at the top of his class but he’s the boy who lived right? It’s not that bad lah but just imagine yourself racing for McLaren Mercedes and winning races then finding yourself slugging it out at the middle pack with Renault. It’s such a strange feeling when you’re so used to scoring good grades but in any case, there’s no use crying over spilled milk. Put succinctly, the law is subjective. There’s no formula for you to substitute the figures in to get your answer and it’s not all about memorizing and later on regurgitating it out again, contrary to ‘popular’ belief. I’ll just leave the explanation for some other day.

            Lastly, my first year would be incomplete if not for the friends I’ve made and for the scandals or dramas that comes with it. Along my journey, I’ve had the pleasure of befriending many great people not only in terms of character but also their sense of humor. I think there’s this sense of like-mindedness which makes it easy for to us gel together. My daily life has never been dull (except for exam season, fulamak) when I spend my time with people like the ever funny, no holds barred Ah Beng, the creative pervert who always have a different take on the world, the peace-loving guy who gets tired easily, the sometimes lag reaction Zac Eff-ron, the quiet girl who gives brilliant views when she speaks, the tangan gatal gay-wannabe and the cocky cocker whom I had fun arguing certain issues with. These are the guys (and girl) who have alleviated my homesickness and it’s just a great feeling to have them around.  Then there’s also people who will effortlessly try to be the bisul in your a**hole. They come in many natures. Some will purposely absent themselves from group assignment meetings while others include narrow-minded people who are prejudicial about your actions especially when you ask questions in class. My best advice to those of you facing the same problem? Don’t change a single bit about yourself. “Mutant and proud to be,” Mystique.

Crazy first years

               Lewis Hamilton heads into every race not knowing what to expect. Whether there’ll be a violent crash, possibility of an engine failure or a sweet victory at the chequered flag, but he knows one thing for sure, that is to enjoy the race and to drive his McLaren to the limit. Similarly, I’ll try to ‘enjoy’ the remaining years I still have in the faculty and to graduate in four years time. I’d like to say a big thank you to my buddy (a senior who passes down notes) for those nonchalant advices she gives me and also for the scribbles on the pieces of paper which I’m inheriting now. Plus, not forgetting the glamorous diva, Zokhri Idris who happens to be my lecturer for all those yam cha sessions and insights in life. My first year was indeed dahsyat! 

    Zokhri and myself during LawNite 2010/11

More of Common Sense, Less of Common Law

            I.WILL.SUE.YOU. Although Malaysia is a non-litigious society, however there is a public perception that the law can protect the innocent and also to correct the wrong. Whether or not justice will be served by an incompetent judicial system is a non-issue and best left to be discussed in some other post. Being a law student, I’m partially aware of the lacuna in the law and had a firsthand experience on how the law at times fails to provide justice for the wronged. Instead, a person with legal knowledge would know what he shouldn’t do in order to avoid infringing the law and be sued.

            This particular incident happened about a few weeks ago. It was a family outing to watch Pirates of the Carribean. As we were walking towards my car which was parked in a side-parking box next to the road after the movie, we found that a black Saga had parked next to it. It was impossible to drive the car out of the box and worse still; the driver was not in the car! Talk about having common sense! When the driver finally came, some 25 minutes later, my mum and I had reached our boiling points. The driver was a Chinese la-la female in her late 20s who had two other kids with her.  After making us wait for that long, she did not even have the courtesy to sincerely apologize to us and instead, walked straight into her car. Her excuse? “I went to pick my daughter.” And continued with, “Can you please move? I’m in a hurry.” WHAT??? You’re in a hurry and were not? Both my mum and I screamed at her as though we’re like some street thugs and there were also on lookers who were puzzled. Someone had to get the message into her skull. Use some common sense you b*tch!

            The issue which I wish to highlight is this. How can the law, in such circumstances be of any help to my family and I? Should we just sue her for the time we wasted waiting for her or should we sue her for the anger which she caused us? Can we sue her for her lack of civic mindedness? The answer would be NO, NO and NO. Her action definitely doesn’t fall under any provisions in the Criminal Procedural Code or any torts and courts have been reluctant to award damages for causing someone to be angry as it is a normal human emotion. Lastly, the law does not dish out any punishments for any moral wrongs (lack of civic mindedness). So what options do we have? Call the traffic police and issue out a summons? Considering the heavy bullet proof vest (beer belly) they are wearing, I doubt they’ll arrive in time.

             Since there’s nothing the law can do, I might as well take the law into my own hands. So I decided to slap her and pulled her hair. No no. That can’t be. I’ll be sued for battery which is also a criminal offence. Maybe I should use some derogatory words to humiliate her in front of public? No, can’t do ‘cause I’ll be liable for defamation. Well, I might as well just threaten her that some gangster will come looking for her. Again, the law prohibits it and I’ll be liable for assault. This is getting frustrating. Hmmm. If I can’t touch her, I’ll just scratch her car, break the windscreen or throw paint onto her car. I can’t because then I’ll be sued for interference with goods.

            I think you’ve finally got the point. You see, the law is something to be feared off but it is evident in situations like this that the law fails to operate. Some might view such cases as petty and not worth to rant about but I still feel that having knowledge of the law does not necessary equip you with a sword where you can bring a suit against other individuals but acts as a shield to prevent you from doing anything silly in heated moments which can turn the tide against you. It sure helps if society would just have some common sense in them and respect other road users. You don’t need legal knowledge or the principles of common law at the back of your hand to tell you that you shouldn’t obstruct other road users. Two words. Common sense!

*On a final note, I did get a lil' revenge by letting the air out of her tires. By the time she got back, the tires were totally flat. Sue me if you want to. I bet the court would find it hard to quantify the amount and cost of the air I let out. If anything, the currency I'm paying is the air let out from my arse!