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©New
Straits Times (Used by permission)
KUALA LUMPUR: "He was the chief justice that the country should have, but never
had".
This was the glowing tribute from retired Court of Appeal
judge K.C. Vohrah at a memorial service for Tan Sri Abdul Malek Ahmad, the
former Court of Appeal president.
In a poignant speech for his former colleague, he said the fact that Abdul Malek
never became chief justice was a tremendous loss to the nation.
"The late Abdul Malek was an uncommon Malaysian, whose most important
characteristic was his natural and tremendous sense of fair play and his
unquestioned integrity," Vohrah said to thunderous applause from the audience.
"For his principles and his steadfast adherence to fair play and justice
according to law, the simple but terrible words -- 'not him' were uttered when
the post of chief judge had to be filled.
"This, I would venture to suggest, derailed Malaysia from having an early
restoration of confidence and trustworthiness in our judiciary to the golden
days of pre-1988."
The ceremony was attended by the Regent of Perak, Raja Dr Nazrin Shah, and the
Raja Puan Besar Tuanku Zara Salim.
Hundreds of people -- ministers, lawyers, members of the legal service, law
students from Universiti Malaya as well as diplomats -- attended the service at
the Dewan Tunku Chancellor in Universiti Malaya.
Abdul Malek, who died on May 31 last year, began his legal career as a
magistrate at the age of 21.
He was appointed a High Court judge on Jan 1, 1985, at 40, one of the youngest
ever to be appointed to the post.
His seniority in the judiciary at one time made him the most likely candidate to
become chief justice.
Former chief justice Tun Mohamed Dzaiddin Abdullah had twice recommended Abdul
Malek to be appointed chief judge of Malaya, but on both occasions the
recommendations were rejected by former prime minister Tun Dr Mahathir Mohamad.
Chief Justice Datuk Abdul Hamid Mohamad, who also read a speech at the service,
said despite Abdul Malek's health problems that plagued him during his last
days, he was still concerned about what was happening in the judiciary.
"(On one occasion) he came into my room. He was very concerned about my
position. There was talk then that I would be bypassed. I said to him: 'Malek,
whatever happens, I will never beg.' Soon after that, he was admitted to
hospital and those turned out to be my last words to him," Abdul Hamid said.
"And he departed, albeit early, as if to make way for me to be what I am today.
Judges lost a brother who was a pleasure to sit with and a friend who was always
full of laughter.
"The country lost an honest judge. Personally, and above all, I lost Malek," he
said.
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Circular No 297/2008
