8 - The Legal Legend

Summary

THE LAW IS A JEALOUS MISTRESS

Although David had always wanted to be a doctor, it was law that was his true calling. In the few years he had practised law before the Japanese Occupation, it had already rewarded him with an interesting career and a social standing that enabled him to do what he enjoyed most: to serve others.

David returned to Singapore in February 1946 and immediately rejoined his old firm of Allen & Gledhill. For a short while, only William Munro and David ran the firm. By the latter part of 1947, all the firm's other partners had returned and David continued as legal assistant. The post-war rehabilitation and reconstruction brought along with it an economic recovery that guaranteed much work for the lawyers. It was not long before David started taking on news worthy cases.

One of the first cases David handled in 1946 gave him news exposure. It was heard before District Judge and First Magistrate Paul Storr, who in 1948 became puisne judge in Malaya. The case concerned the ownership of a steamer. The question before the court was the meaning of “ownership” under section 328 of the Merchant Shipping Act 1894. David argued that the king of England was not specifically included in the categories of owners mentioned in the Act, which included “any naturalised British subject”. In response to Storr's question whether or not the king could be a British subject, David replied that as sovereign he was not. Storr persisted:

But His Majesty was born a naturalized British subject. He was not King when he was born. He wasn't even given the heir to the throne.

David knew he was stumped and backed down:

Of course, your Honour. I did not realise that angle of reasoning. I beg to withdraw the objection.

Even though David was to become Singapore's greatest criminal lawyer in the years to come, he did not start out specializing in criminal law, especially after the Japanese Occupation. Indeed, a quick look at his early cases shows that many of them were in fact marine collision cases. The collision of the Bentong was another case that hit the headlines. The 957-ton rice ship collided with a submerged object while on the way to Singapore from Bangkok. The ship's principal officers were charged with negligence.