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Former chief judge of Malaya dies
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Former chief judge Anuar Zainal dies
 KUALA LUMPUR, Sun: Former Chief Judge of Malaya Tan Sri Anuar
Zainal Abidin passed away about 7.10pm this evening.
A product of Victoria Institution, Annuar studied law in
England graduating in 1963 from Lincoln's Inn, London.
He served the bench for 33 years, including earning the
distinction of being the first Judicial Commissioner appointed in 1978. In 1980, Anuar was elevated to be a High Court Judge of Kuala
Lumpur and 17 years later, he retired as the Chief Judge of Malaya.
In 1999, he headed an independent Commission of Inquiry to
investigate the police assault on Datuk Seri Anwar Ibrahim while in their
custody.
The Malaysian Bar extends our heartfelt condolences to his
bereaved family and loved ones.
In the May 1 2002 edition of Malaysian Business, Clarence YK
Ngui wrote about this judge for all seasons:
A judge for all seasons
Malaysian Business, May 1, 2002 by Clarence Y K Ngui
FOR some, Tan Sri Anuar Zainal Abidin, the retired Chief
Judge of Malaya, shot to fame not so much while he was serving on the bench, but
rather during his two-year tenure at the Human Rights Commission of Malaysia (Suhakam).
Some say Anuar is probably best known for not pulling any punches in making
public a report on alleged police brutality during a gathering of protestors in
November 2000 at the Kesas Highway. In doing so, he hit a raw nerve and drew
criticism from various quarters.
`I knew it was coming,' recalls Anuar. `But we the committee felt that the
public was entitled to know.'
Although some quarters have expressed reservations on the findings of Suhakam,
the findings were dubbed as a landmark moment, enhancing Suhakam's image as an
independent commission.
On the wave of a backlash, Anuar hogged the limelight. He
remains unperturbed. `I am a simple person. It was a joint effort.' Women's
rights group Tenaganita's Irene Fernandez recalls seeing a resolute Anuar during
the Kesas Highway inquiry. `Although he is a very amicable person, he can be
firm on his principles,' says Fernandez who describes Anuar as a
compassionate person.
For Anuar, both Suhakam and the bench presented almost
similar challenges.`In court, you are considering disputes between two parties
trying to find the right answer, while at Suhakam it is the same, sifting the
rights from the wrongs,' Anuar asserts.
Nevertheless, he concedes, two years at Suhakam allowed him to have a different
perception of society. `People are more concerned about their freedom,' says
Anuar. `Unlike before, you cannot tell a person to shut up ... now he would
question you back. It is inevitable that we are influenced (by western culture)
but that does not mean we follow their way of life.'
Anuar advocates a balance between our culture and traditions vis- a-vis human
rights. `Human rights can no longer be defined as a western or eastern concept,
but as encompassing a universal context,' explains Anuar.
Anuar has had a distinguished career in the Malaysian judiciary. Graduating in
1963 from Lincoln's Inn in the United Kingdom, he served the bench for 33 years,
including earning the distinction of being the first Judicial Commissioner (JC)
at the High Court of Malaya in 1978. In 1980, Anuar was appointed High Court
Judge of Kuala Lumpur and 17 years later, he retired as the Chief Judge of
Malaya, the second highest ranking member of the judiciary, after the Chief
Justice of Malaysia or Lord President.
His tenure at the bench was marked by several interesting cases and events,
including a case which could be considered as the Malaysian version of Erin
Brokovich.
In 1985, Anuar ruled against Asian Rare Earth Sdn Bhd in favour of the people of
Papan, Perak. In this case, not unlike the movie, a Japanese factory was found
to have discharged large quantities of thorium hydroxide - a radioactive
substance.
Besides landmark cases, Anuar earned the distinction of being of one of the more
popular judges among his peers, the Bar and the media. According to Datuk
Mahadev Shankar, a Suhakam commissioner, a former Court of Appeal Judge as well
as Anuar's schoolmate at Victoria Institution, says the secret of Anuar's
popularity as Chief Judge was, in large measure, due to his approachability.
`In that sense, he was a people's judge,' Shankar quips. On a lighter note,
Shankar says Anuar has a knack of making remarks which force the most serious
litigant to see the humorous side of the situation.
`Off the bench, Anuar is an eloquent speaker who could inform and entertain his
audience in the most felicitous fashion. With him, there was never a dull
moment,' says Shankar.
Among some of Shankar's shared moments with Anuar, Shankar recalls fondly of the
royal commission of inquiry on the police assault on former Deputy Prime
Minister Datuk Seri Anwar Ibrahim.
`It was perhaps our most momentous shared experience,' Shankar says. `Once
again, Anuar was a genius for lessening the tension, coming to our aid by
preventing some really nasty exchanges taking place between both parties.'
Although it was a stressful time, Shankar credits Anuars for his care and
concern, not only for the four-member commission - Anuar, Shankar, Pantai
Medical Centre's consultant orthopaedic surgeon Datuk Dr Yeoh Poh Hong and
former Attorney-General Tan Sri Abu Talib Othman - but also for the commission's
support staff.
`His care and concern was exemplary,' says Shankar.
Even when relations between the bench and the Bar was at its lowest, Anuar's
popularity among members of the Bar was unaffected. Malaysian Bar Council
chairman, Mah Weng Kwai, in a brief chat with Malaysian Business, cannot help
but agree with Anuar's distinction as a popular judge. Anuar remembers his years
in the court fondly. Among the case that has earned a place in his memory is of
the criminal who was willing to plead guilty but only before him.
`While the criminal refused to plead guilty before other
judges, he was prepared to accept my judgement including a lengthy prison term,'
he says.
Naturally, Anuar has a soft spot for criminals-turned-good. He tells Malaysian
Business of how a former thief not only repented, but is the proud holder of a
PhD in computer sciences.
In another incident, while visiting the Penang Gaol, Anuar recalls receiving an
elephant-shaped carved bookstand from one of the prisoners. Questioning the
prisoner, Anuar was surprised to learn that it was he who had sentenced the
prisoner to seven strokes of the rotan and seven years jail.
`Instead of harbouring anger and hatred for the person who put him in jail, the
prisoner said that he had no bitterness for the judge or the bench. You learn a
lot from this,' Anuar recounts. It is these small tokens of appreciation that
makes Anuar the happy person he is today.
Interestingly, for this Suhakam commissioner and former judge, a legal career
was not Anuar's first choice. Completing his Higher School Certificate at Kuala
Lumpur's elite Victoria Institution in the early 1950s, Anuar wanted to study
architecture or medicine. But his father, sent him to study law in England in
1955.
Reminiscing his days in England, Anuar says it was not easy because he had
tuberculosis. The disease severely crippled his ability to concentrate on
studies.
`While others could concentrate for several hours, my attention span was only
confined to one of two,' he remembers. He spent seven years in England battling
the disease and also working through his legal studies.
His peers in England included Malaysia's third prime minister Tun Hussein Onn,
former chief judge of Malaya Tun Hamid Omar and former judge Tan Sri Hashim Yeop
Sani.
Coming from a humble background, Anuar's father was a Malay
school teacher while his mother a housewife. In the waning years of the British
colonial era, Anuar followed his father from one town to another and
transferring from one school to another - from Taiping King Edward VII, to Kuala
Lumpur Pasar Road English School and finally to Victoria Institution.
`I was put into the first class, not by merit, by the mere availability of seats
in that class,' Anuar admits. `The other classes were full and nobody wanted to
go to the top class because it was competitive and tough.'
But, Anuar is not your usual student: he received a double promotion, not once,
but three times.
Today, 70-year old Anuar is married to Puan Sri Azimah Mohd Ali and they have
two children. His son graduated from Universiti Teknologi Mara with a diploma in
actuarial science, while his daughter is an electrical engineer with a masters
degree in information technology. He quips, `They did not follow their father's
legal career.'
Anuar's passion for justice is equalled only by his passion for golf.
Notwithstanding his busy schedule at Suhakam, Anuar managed to devote time to
golf. Even before meeting Malaysian Business, this former judge was at the
greens improving his handicap.
`This is the only game I can still concentrate on,' Anuar confesses. In his
younger days, Anuar was an all-rounder, excelling not only in his studies but
also on the field playing badminton, hockey, football and cricket. He
represented his school in athletics and the state in hockey.
Upon retirement from the bench, Anuar also served briefly in the corporate
sector. From 1997 to 2001, he was the chairman of four companies; Mega First
Corporation Bhd, Kuala Lumpur City Corporation Bhd, Kuala Lumpur City Securities
Sdn Bhd and Nauticalink Bhd. `It is a very different world,' says Anuar on his
corporate stint.
Nevertheless, he imported his discipline and judiciary experience to the board
of directors. He expects directors not only to be present on time but also to be
well prepared and understand matters laid out in the agenda.
Anuar has no qualms in wearing a few hats - judge, corporate figure and human
rights commissioner. In his younger days, he also tried his hand as a television
and radio announcer. During his years in the United Kingdom, he read news for
the British Broadcasting Corporation's Malay section. Upon his return to
Malaysia, while serving the judiciary, he found time to organise media events,
including producing and hosting a television series on how to play chess in
1972!
Whether it is upbringing or conditioning, Shankar describes Anuar as debonair,
unflappable and a great bon vivant. He says, `This is a man who has great
discipline when it comes to health.' Despite his passion for the good things of
life, he exercise a noticeable moderation, both in his eating habits and
dressing. `Nothing flashy,' remarks Shankar.
Looking back, Anuar has only a few words to share with young lawyers - work hard
and do your homework.
`Half the battle is won if lawyers know the judge.' By that, Anuar does not mean
knowing the judge personally but what he likes and dislikes in court. `If the
judge is quiet and shows little emotion, the lawyer must know that the judge is
observant. Don't repeat your facts, the lordship is listening.'
Humble, simple and popular are how his peers describe Anuar. Justice and human
rights aside, this septuagenarian is looking forward for his much deserved rest
and relaxation and perhaps too, time for his other passion in life - golf.
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