Contributed by Tracy Anne Sta Maria
MALACCA: The Malacca Bar Committee organised a welcome dinner for Yang
Arif Tuan Mohtarudin Bin Baki, the newly appointed Malacca High Court Judge on
Thursday, April 19, at the Seri Nyonya Restaurant in the Equatorial Hotel,
Malacca.
A crowd of about 90 people consisting of members of the Bench, the Attorney
General Chambers and members of the Bar attended this joyous occasion and
enjoyed a sumptuous Peranakan cuisine.
Ng Kong Peng, the Chairman of the Malacca Bar Committee, said in his speech that
the very diversified career background of Tuan Mohtarudin will be a great asset
in the discharge of His Lordship’s duties as a High Court Judge.
Ng also said that one of the duties of a judge is to make the public feel at
ease when they have to attend a court proceeding as the court experience for
laypersons can be intense and sometimes even traumatic. In court, a judge should
ensure fair play and discover the truth of the matter. Lawyers do not mind if
the judgments given are against their clients as long as the trials were
conducted fairly.
Ng also reminded the lawyers not to regard legal practice solely as a business
but as a profession. They must keep abreast with the law and maintain a high
level of professional standard. Lawyers must also speak up on issues that
concern the well–being of society.
Justice Mohtarudin gave an entertaining and inspiring maiden speech to the
members of the Bar. Justice Mohtarudin mentioned that the Bench and Bar
relationship in Malacca is a cordial one and he has no intention to derail such
a good relationship. Even with such strong ties between the Bench and the Bar,
naturally there will be hiccups along the way. But, whatever problems that could
arise in future can be effectively resolved through honest and open dialogue.
Justice Mohtarudin also said that respect must be mutual and
earned and it is the pillar to any relationship, including the Bench and Bar
relationship. The administration of justice requires the co–operation and mutual
respect between the Bench, the Attorney General Chambers and the Bar.
The Malacca Bar wishes Tuan Mohtarudin a pleasant and productive tenure as the
new Judge of the Malacca High Court and look forward to receiving and reading
his learned judgments.
Below is Ng's speech:
Your Lordship Tuan Mohtarudin Bin Baki, Judge High Court of Malaya at Melaka and his lovely wife Puan Sweekhin bt Zain, Tuan Ahmad Kamar bin Jamaludin, Senior Sessions Court Judge Melaka, members of the Bench, officers from the State Legal Adviser’s Office and the Attorney General Chambers and fellow members of the Malacca Bar.
It gives me great pleasure to see all of you at tonight’s Dinner. This Dinner has been organized by the Malacca Bar to welcome your Lordship Tuan Mokhtarudin bin Baki on your Lordship’s appointment as the new Judge of the High Court at Melaka replacing Datuk Wira Low Hop Bing who has been elevated to the Court of Appeal recently.When the Bar Committee informed your Lordship of its intention to organize this Dinner during the Committee’s courtesy call on your Lordship recently, your Lordship was most reluctant to agree to this Dinner. In your Lordship’s simple and humble manner, Your Lordship felt that such a Dinner is not necessary. Nevertheless, after listening to the persuasive submission of the Committee wherein we highlighted the importance of maintaining this proud tradition of the Malacca Bar in having a welcoming dinner for all new Judges of the High Court at Melaka, your Lordship finally accepted our submission and granted order in terms of our application. Allow me to say that your attendance tonight in such large numbers, have unequivocally affirmed the correctness of your Lordship’s decision. In fact, apart from our Annual Dinner and Dance, this must be one of the largest gathering of Malacca lawyer at a Bar function.
On this happy occasion, allow me to trace your Lordship’s academic and career path for the information of all present tonight. Your Lordship read law at the University of Malaya and graduated with a LL.B in 1978. Some after, your Lordship joined the Judicial and Legal Service. Your Lordship’s first posting was as a Magistrate in Alor Star from 1978 to 1981, and thereafter as a Senior Assistant Registrar of the High Court at Alor Star from 1981 – 1984. In 1984 your Lordship was transferred to Ipoh where your Lordship was the Senior Assistant Registrar at the Ipoh High Court till 1986. Your Lordship was then appointed as the Judge Advocate of the Military Court, Ministry of Defence Kuala Lumpur in which post your Lordship remained till 1991. In 1991, your Lordship was appointed the State Legal Adviser at Melaka where I believed your Lordship became acquainted with some of our senior members of the Malacca Bar practicing then. Your Lordship was State Legal Adviser Melaka till 1993 when your Lordship was transferred back to the Attorney–General’s Chambers as Senior Federal Counsel of the Anti Corruption Agency. In 1996 your Lordship was made Sessions Court Judge at Shah Alam at which post your Lordship served till 2001 when your Lordship was appointed the Official Assignee based at Putra Jaya. The 1st May 2003 was a significant day in your Lordship’s career when your Lordship was appointed as a Judicial Commissioner of the High Court Kuala Lumpur. On 21.12.2004 your Lordship attained another milestone when your Lordship was made a Judge of the High Court and Your Lordship’s 1st posting was to the Shah Alam High Court prior to your Lordship’s transfer to Melaka.
It is evidently clear that based on the just mentioned career achievements, your Lordship is eminently qualified. Indeed, the experience your Lordship has gathered over the years on the bench of the subordinate courts, at the Registry of the High Court, as Legal Adviser, as Senior Federal Counsel, as Judge Advocate and as the Official Assignee will indeed be a great asset to your Lordship in the discharge of your Lordship’s duties as a High Court Judge.
My Lord, a good system of justice requires the cooperation of the Bench, the Attorney General and his officers and the Bar. We, the three arms of justice complement one another. We must therefore cooperate and have mutual respect for one another, otherwise, the administration of justice will come to a stand still. Each one of us is a joint partner and stakeholder in our endeavour to provide justice in a given cause. The administration of justice is not the concern of the Court alone. Members of the Bar and officers of the A.G. Chambers are equally important. As we understand and respect each other’s roles and functions, we will enhance the delivery of justice. All of us are custodians of the law and dedicated to the just application of the rule of law.
My Lord, tonight’s dinner is one of the rare occasions where the Bar has the opportunity to give a few words of advice to the Bench. I seek your Lordship’s indulgence to do so.My Lord, in a developing country such as Malaysia, the people has a high expectation of judges. To them, you are the last bastion for the protection of their rights and liberties. Judges are look upon in high esteem and with great reverence. The people honour you for the high office you hold and the wisdom your possess. All they seek when they come to the court is that precious yet elusive commodity called justice. In the course of this search, the people would also expect patience, tolerance, compassion and understanding from the court.
My Lord, it goes without saying that parties come to court to seek redress for their grievances and problems. To these parties and many other people, court appearances are a trauma and law courts are places of tragedy, which if possible, they would like to avoid attending. It is therefore the duty of a Judge to make these people feel at ease and more importantly to accord all who appear before him or her a fair and patient hearing completely devoid of any ill–will and judicial arrogance. In such instances, judicial restraint and wisdom is a virtue. Not only should a Judge listen courteously and patiently, a Judge must also say but little. Whatever little said by the parties in a proceeding must be done to enhance fair play, discover the truth and promote justice, and not said arrogantly, sarcastically or with ill will. I am reminded of an incident when during cross–examination of a witness, a senior counsel sneered at the witness and said “You seem to have plenty of intelligence for a man of your position”. The witness replied “If I was not on oath, I would return the compliment”. My Lord, society expect judges to dispense justice in such a manner that every litigant, even a losing party, will leave the court in which they preside, satisfied that they have had a fair and impartial hearing. The quiessential element of justice is a fair trial. Sir Patrick Hastings K.C. one of the great advocates of the English Bar, puts in this way : –
“There is one essential feature in every trial that is only too frequently forgotten. In the interest of the community, the one matter of importance is that all parties should be satisfied that they have had a fair and impartial trial.”Many of us present tonight who attends court frequently would agree with me if I say that we don’t mind having decisions pronounced against our clients as long as we feel that we have had a fair trial.
My Lord, another equally important quality for judges to possess is the ability to administer justice without fear or favour, affection or ill will. This quality calls for judicial courage, the ability to withstand external pressure or influences and maintain judicial independence at all times. The strength of such a judge lies in his or her absolute unequivocal allegiance to the law. His Royal Highness Sultan Azlan Shah, our former Lord President emphasized this point when he once said : –
“The judges are not beholden politically to any government. They owe no loyalty to ministers. They have longer professional lives than most ministers. They, like civil servants, see governments come and go. They are the “lions under the throne” but that seat is occupied in their eyes not by kings, presidents or prime ministers but by the law and their conception of the public interest. It is to that law and to that conception that they owe their allegiance. In that lies their strength.”
My Lord, having said so much about the Bench, what about the Bar? It is indeed a truism to say that for a strong Bench to exist there must be a strong Bar. A strong Bar must be a Bar that does not regard legal practice solely as a business. Law is a profession and by definition that means adherence to the high standards and discipline expected of professional men and women. We lawyers must make every effort to improve ourselves, keep abreast of the law and raise our standards in practice. We need to improve the service we provide to the public as members of the legal profession. NOT unlike judges, the public has a high expectation of lawyers and that is an expectation we have to meet. Therefore, we need to constantly remind ourselves of our intended role in society, to continually educate and equip ourselves so that we can live up to the ideals of our profession.A strong Bar must also be at the forefront in speaking up on behalf of the public on issues pertaining to the public interest. As members of the legal profession, individually as lawyers and collectively as a body, because of our training, experience and knowledge we are in a unique position to do so. We must not be afraid to speak out when necessary and act on our own initiative when the situation warrants to uphold and protect public interest and rights and defend our Constitution. The Bar must not shirk from fighting to safeguard the rights of every individual in society. The Malacca Bar, to the extent that it is able, has spoken out against the unfair and unlawful increase in quit rent last year. We have supported the Bar Council’s campaign for the formation of the IPCMC (Independent Police Complaints and Misconduct Commission) and next month on May 11 at the Legacy Hotel we will be having a forum entitled “Towards a Better Local Government”. We have invited a distinguished panel of speakers comprising of Datuk Shahril Samad, Chairman of the Public Accounts Committee, R Nadeswaran, writer of the Citizen Nades Column in the Sun Lim Guan Eng the DAP Secretary–General and Dr Lim Teck Ghee. I expect many members of the Bar to turn up for this forum. The Bar must help mould public opinion and whilst doing so, we must act as an independent leader of public opinion. If we choose to abdicate this role, we can have no complaints if other individuals or organizations with vested interests are to step into this vacuum.
Finally, My Lord, the Bar must take its obligations to society seriously. Every State Bar Committee in the country has its own Legal Aid schemes. The Malacca Bar is no exception. We conduct visits to the prisons and schools, we provide legal representation to members of the public who are unable to afford lawyers, we mitigate for accused persons who plead guilty and we have a slot on a monthly radio talk show broadcast on RTM Melaka where our members answer queries from the public on specific areas of the law. This month as part of a nationwide initiative initiated by the Bar Council, we have been sending members of the Bar to observe the proceedings at the special “Migrants Court” set up at Machap Umboo Melaka. In carrying out these responsibilities, the Bar requires the fullest cooperation of our members and where necessary, from the Bench and the Attorney General’s Chambers. We covet your assistance in this task.
My Lord, in conclusion, the Malacca Bar looks forward to working with you in the discharge of your Lordship’s duties as the High Court Judge in Melaka. The relationship between the Bench and the Bar in Melaka has always been a very good and happy one. It is our hope that under your Lordship’s leadership, such a relationship will continue. We assure your Lordship of the fullest cooperation of the members of the Bar to enable your Lordship to discharge your duties in accordance with the highest traditions of the Bench.
Before I conclude my speech, it is with sadness that I wish to inform members and guests present tonight that our Sessions Court Judge Puan Sabariah Othman and our Timbalan Pendaftar Tuan Jamaludin bin Hj Mat will be leaving us on transfer effective from 3.5.2007. Both of them have discharged their judicial duties exceedingly well during their time in Melaka and the Malacca Bar have had a very good working relationship with them. The Malacca Bar extends our farewell to both of them and wish them every success in their new postings.
Thank you and enjoy the rest of the evening.