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A former Judge, Datuk Syed Ahmad Idid, has revealed alarming circumstances in which he said he had been forced to relinquish his position as a judge, as a result of his transmitting allegations of wrongdoing in the Judiciary based on information that came to his knowledge and that he could not in conscience ignore. Those allegations, according to him, were never properly investigated. On the contrary, he was forced to resign.

His public revelation reflects what has for a long time been believed, in the legal circles, to have happened at the material time. His helpful revelations once again bring to the surface several important issues that are overdue for our urgent attention and action.

Firstly, we are in dire need of protection for whistleblowers. If we want to build a society founded on truth, then we must adequately protect whistleblowers who are its ineluctable guardians. They represent an important part of the conscience of a nation. But whistleblowers cannot be expected to be right or accurate 100% of the time. At times matters alerted to us by them, even though true, lack sufficient evidence to meet the required level of proof. At times it could be a false alarm. But punishing whistleblowers just because the requisite evidence is lacking, or worse still, has yet to be unearthed, especially when they are not the ones given the power to investigate, is to harshly and self-destructively close the door on Truth and on its potential harbingers.

Malaysia has accepted the importance of whistleblowers in relation to corporate governance and commercial matters. Why are matters of administration of justice or of governing a nation treated with less urgency?

Secondly, the former Judge has poignantly pointed out that the nature and quality of investigation into allegations of misdeed will determine whether or not the real truth has any chance of seeing the light. This calls for a thorough reform of the way investigations of this nature are currently dealt with.

Thirdly, in relation to the Judiciary, the former Judge is absolutely right in saying that, in order to best ensure the integrity of the Judiciary, the entry point (namely the selection and appointment of judges) must be vigilantly guarded by a more transparent and accountable process, one that actively involves all the stakeholders in the administration of justice, namely the Judiciary, the Attorney General’s chambers, the Bar Council, the Government, and civil society. The present process cries out for speedy reform.

Datuk Syed Ahmad Idid laments that he had “lost everything”. The Malaysian Bar assures him that he has not. What he did lose was far inferior to what he had preserved and gained. He has preserved his integrity and dignity. He has gained the respect of the Bar and the people. These are true spirit and legacies that will live on.

The Bar Council calls upon the Government to set up a Royal Commission of Enquiry to look into the previous allegations made by the former Judge which should now be rekindled, and to receive any other representations of possible judicial misdeeds over the years and to thoroughly investigate the same.

The nation is entitled to get to the bottom of all these allegations. It is unhealthy to let them remain as rumours. It is never too late to know the truth, nor too late to dispel false rumours. These are not things past and buried. There is much to benefit from knowing the truth about previous misdeeds, as they will become our invaluable guidance for doing things differently and much better in the future. Furthermore, wrongdoers must be given the message that it is a matter of time before the truth catches up with everyone.

Among many other important things, the Malaysian people would certainly like to know whether a “gun” or “canon” was pointed at the then Attorney General, who had pointed it, and who had supplied the gunpowder.

The Bar Council further reiterates its numerous calls in the past for the Government to form a permanent Judicial Commission to deal with the selection, appointment and promotion of judges, and matters relating to judicial conduct.

Let the reform processes start now. The longer we delay, the more difficult it will be for us to get back on our feet.


Yeo Yang Poh
Chairman
Bar Council

11 June 2006

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