The Malaysian Bar - Haji Sulaiman Abdullah: "Suffian embodied justice and democracy"

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Haji Sulaiman Abdullah: "Suffian embodied justice and democracy"

Members are reminded that the inaugural fund-raising dinner of the Tun Suffian Foundation will be held at the Shangri-la Hotel here on April 28. The proceeds of the fund-raising dinner will go towards the establishment of the Tun Suffian Chair on Constitutional Law at the University of Malaya, the Tun Suffian Research Centre at the Law Faculty of the University of Malaya and the Tun Suffian Scholarship. All donations to the Foundation are tax-exempted under s. 44(6) of the Income Tax Act 1967 Ref: LHDN.01/35/42/51/179-6.5352 vide Government Gazette: 5879 dated 8 May 2003. There are five categories of dinner tables: Diamond (RM50,000); Platinum (RM30,000); Gold (RM15,000); Silver (RM5,000) and Normal (RM1,500). For more information, please contact June Lee (03-20940999), Lynette Tan (03-20313003 ext 142) or Chandrika Bhaskaran (03-20313003 ext 192).

Tun Mohd Suffian passed away on September 26, 2000. At the reference in honour of the late Tun Mohd Suffian held at the Federal Court on March 16, 2001, Tuan Haji Sulaiman Abdullah, President of the Malaysian Bar for the year 2000/2001 said:

Dengan izin Yang Amat Arif dan Yang Arif sekalian,

Saya bagi pihak Badan Peguam Malaysia dengan sesungguhnya menyokong apa yang diutarakan oleh rakan bijaksana saya Yang Berhormat Peguam Negara di dalam ucapan beliau sebentar tadi berkaitan dengan riwayat hidup dan karier Allahyarham Yang Amat Arif Tun Mohamed Suffian Hashim.

Upacara reference pada hari ini merupakan suatu peristiwa yang paling bermakna dan penuh tradisi apabila kita semua yang mewakili tiap-tiap cabang dalam pentadbiran keadilan di dalam negara bersama-sama dengan orang kenamaan berkumpul dalam dewan yang serba indah ini bagi menghormati seorang jaguh keadilan yang telah pun pergi ke Mahkamah Terakhir yang tidak dapat dielakkan oleh mana-mana insan dan di mana peguam tidak ada peranan-peranan selain daripada yang diadili.

Yang Amat Arif,

Lebih kurang 40 tahun dahulu pada 26 Oktober tahun 1961, Mohamed Suffian Hashim telah keluar dari bangunan yang bersejarah ini yang pada masa itu menjadi Attorney General’s Chambers dan menyeberangi sungai bagi upacara “menaiki bangku” atau “elevation ceremony” ke bangunan Mahkamah Tinggi lama. Mereka yang menyampaikan ucapan alu-aluan pada hari itu adalah Yang Berhormat Peguam Negara pada masa itu, Tuan CM Sheridan, dan Pengerusi Majlis Peguam, Encik RR Ramani. Antara apa yang diutarakan oleh Pengerusi Majlis Peguam masa itu adalah seperti berikut, dengan izin Yang Amat Arif:

These days it is unfashionable to refer to the traditions of British colonialism in any terms of praise. But I am unashamed to confess before you today that we, the Bench and the Bar of this country are heirs to three noble traditions deriving from that colonialism: first of all, the English language; secondly, the British system of justice; and lastly, and by no means least important, the British spirit of democracy. So long as those three things last and can be made to grow, it is essential forus the Bench and the Bar to hold together so that the meanest citizen will find a Court to hear his plea, and a lawyer to stand forward to defend him. It was Lord Erskine who declared that whatever may be the encroachments of Parliament on personal liberty so long as you have an independent judiciary, and you are assured of the integrity of the Bar, they together will be the sheet anchor to hold the ship of state to her course amidst contending storms.

Haji Sulaim Abdullah My Lords and my Lady,

Those were giants of our legal history and they spoke masterfully and in a language that is practically impossible to emulate. But that, my Lords and my Lady, with the greatest respect, was one of our greatest lawyers speaking to one of our greatest judges.

And Suffian lived up to what Ramani had expected. Suffian was the master of the English language. He used it simply and without frills. But what a mighty instrument of righteousness it was. He embodied justice - the meanest citizen would have in Suffian a Court to hear his plea. And Suffian embodied democracy. He understood the true spirit of democracy and put everyone at his ease within minutes of meeting him.

But at the same time he never forgot his own heritage and values and was a shining example of true respect and love for our monarchical system.

I remember a young lawyer once referring to the former Chief Minister of Singapore, the late David Marshall, as “Marshall” during a meeting that Suffian was chairing, perhaps presuming on Suffian’s easy and informal ways. Quick as a flash, but yet in the nicest possible way, Suffian said “Dato” David Marshall”.

He held the late Sultan of Pahang, Sultan Abu Bakar, in the greates, reverence, after his many and happy years of service in Pahang and he insisted that the State Honours be given their due.

He held another great son of Pahang, the late Tun Abdul Razak, in great honour as well. But as Lord President, he maintained the dignity of the judiciary and Tun Razak respected that and held to the doctrine of the separation of powers.

My Lords and my Lady,

My first acquaintance with Tun Suffian was as a law student in the University of Singapore, going through the pages of the MLJ and encountering his judgments.

He was an external examiner of the Singapore Law Faculty. At my viva he sat there benignly sucking his beloved pipe with a quiet smile on his face and mercifully never said a word - which was more than could be said for the other external examiner from Malaysia, Eusoffe Abdoolcader, who did not have a pipe to impede the flow of his devastating questions!

As a pupil, my Lords and my Lady, I had an early example of his legendary kindness. Suffian was the Pro-Chancellor of the University of Malaya and had become very friendly with Stephen Goh (Dr Stephen Goh as he later became) who was, inter alia, from Cambridge. Thus, though a fellow pupil of mine, Stephen was already calling Suffian “Suff”. Suffian ensured that both of us were given tickets to attend the convocation ceremony so that we could witness Ramani being given an honorary doctorate.

Suffian had a tremendous capacity for taking pains and no one turned to him for help in vain. He had a soft spot for the Ex-Servicemen’s Association and wrote personal letters of appeal to all the lawyers in practice to donate funds to the Association. Suffian made sure how each lawyer liked to be addressed and wrote that name himself on each letter. We all donated most willingly because we knew that Suffian was not misusing his position but rather was helping a most worthy society.

He was very proud of the Malaysian Branch of the Royal Asiatic Society which he headed for many years. Thanks to another personal letter from Suffian, I joined the Society and have derived much pleasure and learning from its learned publications which Suffian ceaselessly encouraged.

When he presided over University Convocations as Pro-Chancellor of the University of Malaya, he always remembered what a special day it was for the graduands, and even more for the parents and relatives. His smile was broader. His body language became even more friendly. His handshake firmer. His convocation speech was light and humourous and yet most encouraging. He always ended with a hope that all the graduands would get the best of jobs and the most attractive of spouses.

Speaking of spouses, my Lords and my Lady, he and Bunny were an example and inspiration about the possible bliss of matrimony. They were a most loving and devoted couple. She never reminded you she was a Toh Puan, the Lord President’ s wife. She always had a bright “How are you my dear?” for everyone she met and she, like her husband, knew everybody’s name and made everyone feel special.

When Suffian retired, he kept to his simple ways. He drove his old Mercedes to the Lake Club, sat in the reading room and kept up-to-date with the wickedness of politicians and then he had a simple dinner at the Buttery alone or with a few close friends.

He spoke to everyone and would ask the waiters about themselves and how they were doing.

He spoke out, my Lords and my Lady, very loudly about the injustice of the Salleh Abas tragedy. He spoke up for the Rulers and for the Bar when these institutions were under attack by the most powerful in the land.

My mind goes, my Lords and my Lady, to that most famous of LAT cartoons of Alley Oop standing threateningly at Tun Suffian’s office, door and facing a calm Suffian as ever with his pipe loudly saying, “What is that you said about primitive minds?”

But Suffian was never petty nor vindictive. And today’s glittering assembly of the great and good in Malaysian society is testimony of the love, affection and respect the was held in by all sectors of society - and as testimony, my Lords and my Lady, Ministers of the administration he criticized so fearlessly are here today to pay tribute to his towering memory.

My Lords and my Lady,

I would be failing in my duty if I did not pay tribute to two sterling members of the Bar, Yang Mulia Tunku Dato’ Dr Sofiah Jewa and Yang Berbahagia Dato’ Dr Yaacob Merican who have made it a hobby of rescuing Lords President who have fallen on hard times. First, Tun Salleh was taken under their wings, and then Bunny Suffian and Tun Suffian when they fell ill one after the other. The selfless devotion and care they lavished on this couple was of a calibre that few can emulate. Our heartfelt thanks go to them, my Lords and my Lady.

Suffian never changed, my Lords and my Lady. He did not change his habits. The simple clothes he wore were his trademark. Who can forget his red batik shirt and brown desert boots? He did not change his car. Most of all he did not change his wife.

He was an example for all of us. We will not see his like again.

Before I end, my Lord Chief Justice, on behalf of the Bar, I thank you for reviving this proud tradition of the Reference in this manner. And we thank you too, for not forgetting certain ex-Judges dear to the Bar when you drew up the invitation list.

I end this in the customary manner, my Lords and my Lady, by joining with the learned Attorney-General in praying that the record of these proceedings be kept in the archives of this Honourable Court and a copy sent to his relatives.

My Lords and my Lady, I am most obliged.

Thank you.