Conduct unbecoming of the Malaysian judiciary? What was that sleek silver grey BMW doing parked in the lot reserved for the Lord President, smack at the entrance of the Supreme Court? Why was the MBf president and CEO, Loy Hean Heong, an interested litigant in a case before the Supreme Court, having a social chat with Hamid Omar? This report discusses the need for ethics to be practised by judges "from top to bottom". MP for Buklt Bintang, Wee Choo Keong: Found guilty of Loy Hean Heong: A mld·morning call on the Lord contempt, his appeal Is pending President smacks of impropriety A/iran Monthly 199-I:U (4) Page 2 ~------------~~~-------- ------------------------~ he sleek silver grey BMW day after Opposition Leader Lim l(jt In terse judicial language, a parked smack at the entnmce Siang related the incident to a meeting, more so a private one, be­ Tto the Supreme Court building stunned Parliament, the book did t ween a judge and a litigant of cases had a certain gleam of arrogance to "disappear" though Minister of Jus­ pending in court would be con­ it. It may have had something to do tice Syed Hamid Syed Albar Iuter sidered "highly improper". Even the Law Minister, in reference to the with the fact that the vehicle was explained that the book was "not missing but was replaced because it incident,. said in Parliament that it JWJ<ed smacked in the lot was already full".) w:L') improper for judges to meet exclusively reserved for the Lord Not satisfied with that, he made litigrulls when cases. including ap­ President, the highest figure in the his way to the nearest camera shop peals, are pending in court so that Malaysian judiciary, although it did where he paid RM450 for an in­ their decisions would be impcache­ not belong to the Lord President, or stamatic. His intention was to lake a able. any other judge for that matter. photograph of the visitor emerging Since then, the Lord President It was perhaps this boldness from the building. But when he has admitted that Loy met him in his which caught the eye of the lawyer retWlled, the car was gone. chambers, but he stressed they did and Member of Parliament for Bukit Wees.1id he returned in the after­ not discuss Wee· s appeal before the Bintang, Wee Choo Keong. who noon with more "witnes.-;es"tochcck Supreme Court which was to con­ happened to be passing by. And the the book. Loy. according to the vene in Pcnang on M1y 9. plate- WAL 33- seemed familiar. It book, met the LonJ President for 35 Apparently, Loy decided to drop was only :lfter checking the row of minutes- from 10.05amto 10.40am. in for the following reasons: s.1y club stit:kers on the front windscreen Asked whether it was true tkll he had hello, congratulate him on the exten­ that Wee realised that the car taken photographs of the page, Wee sion of his term as Lord President belonged to Tan Sri Loy Hcau merely grinned. anu perhaps even to wish the judge, Heong, president and chief execu­ The incident would huve been who tWllCd 65 on M1rch 25, happy tive of the MBf Group. but m1 insignificant melo<.lnuna were birthday. In an interview with Aliran it not for one singular fact. ll1e It was, app.'lrCntly, a social visit, Monthly, sho11ly afterthe maHer was visitor to the Lord made on the spur of raised to a stunned Pru·liament, Wee President Tun the moment admilled that the encounter on the Abdul Hmnid Omar without any prior moming of March 24 recently was was the mt~inlitig:mt appointment. So as one of those coincidences in life in a highly con­ the Lord President though his subsequent behaviour troversil11 civil suit said: What is wrong showed him to be somewhat more between MBf and with that'? Every­ alert than the average politician. Wee. Wee. in !tis thing. according to His curiosity piqued, Wee · position as MP. had some lawyers. decided to find out what the car was on several occasions ll1at judges doing at the Supreme Cow1 <md to raised allegations should stay above his surprise. perhaps even shock, he about impropriety any situation that saw wrillen on the Supreme Court m1d li.n~mcial If­ would cast even the Registry Book of Visitors: "Tan Sri regularities on the Hamid Omar: What's wrong slightest aspersion with a social visit? Loy Hean !Ieong". And the purpose pru1 of MBf in P:tr- on their impartiality of the visit: liament. is fund:unental to "Jumpa Tun". The time was Loy.through MBfHoldings Bhd judicial conduct. The imponance of 10.05am. and MBf Finance Bhd, filed a civil impartiality bcwmcs even more "Beneath Loy's name was suit in the High Court for conspimt:y grave when one considers that the another name. I quickly put my to injw\! the 1wo compm1ics. right to :u1 unhia'>Cd tribunal is one of name there and signed the book," However, before the ca'lC could two salient ~unbits of the law of said the DAP MP. He then rushed proceed, MBfs solicitors filed a natural justice (the other being the out, got hold of fow· others, includ­ contempt of court suit against Wee right to be heard). ing two lawyers, to also add their for ignoring an injunction and evad­ Judges. said president of the Bar names to the book. Said Wee: "I ing service of order. ll1e court sub­ Council Zainur Z1karia, must not thought it would be a good idea to sequently found Wee guilty of only be unbiased, they must be seen have several witnesses because contempt <md sentenced him to two to be w1hiao;ed. Judges. he told AM, names <md hooks can sometimes dis­ years jail. Wee's appeal against the must be above even the slightest appear." conviction is pending bcfo1\! the suspicion. Somctuncs. suspicion (He did have foresight lor the S uprcme Court. alone can destroy the credibility of a Alira11 Moutllly 19Y.J:/4 (4) Page 3 judge and even public confidence in and discipline of any profession in govemmcnt decides to postpone 13- the judiciary. the community. bling the bill to avoid a political!¥ "That's why judges often lead Therefore, although the embarrassing debate. secluded lives so that there will be no Malaysian judiciary docs not have a According to Hamid, the Code of doubt or suspicion of bias regarding wrillen code of ethics like the Ethics for High Court and Supreme their conduct. II is so important that Legal Profession (Practice and Eti­ Court judges would become a reality judges never discuss a ca<;e without quette) Rules or 1978, there is no by the middle of the year. He stressed all parties to a litigation being doubt that judicial ethics exist and that the move was not to belittle present. In fact, the judge should not that all judges are bowld by them, judges, but that it was in their interest even be seen with them," he said. said Thomas. as judges were also human and not What Zainur meant too is that it is He went on to say: "A judge must free from weaknesses. not the truth alone that is importanl, not lead a social life. He must not be The details of the Code are not the perception of propriety is elfU:tlly a social animal. There must be no known as yet. But the legal fraternity important. involvement whatsoever in business expects the Code to address some of Said one lawyer: "It is so elemen­ or commerce. There should be no the more common problems like tary. Even a first-year law student Mafia economics. in Justice Krishna delays in handing down judgements knows that." An indiscretion ~uch a.s Aycr's colowful phrase. A hennit's ~md the absence of written judge­ the one that took place between life is recommended ... A judge ments. Another irritable area is the Hamid and Loy, even given the should avoid impropriety and the ap­ postponement of cases which when premise that their conversation did pearance of impropriety in all his left to the discretion ofjudges C<m be not at all touch on the pending ap­ activities." a rather powerful weapon. peal, would seem to nm against this A far more serious implication However, apart from just ensur­ principle. One would think that arising from this "Jumpa Tun" inci­ ing that the wheels ofjustice wilJ roll given what has happened, justice dent was tht: blithe way that Hamid, a lillie fast t!r and smoother, one may still be done, but it is certainly as head of the judiciary,<lismissed it, would also hope that the Code will not seen to be done. as though it was a small matter. include clauses that would protect As Tan Sri Eusoffe Abdool­ Z1inur described Hamid's expl:ma­ thecredibilityofthejudiciary in both cader, a former judge for whom the tion of the visit w; "shocking". tangible ~md intangible ways. majesty of the law was supreme. told Hamid also revca.lcd that it was com­ As for Wee. he had this to say: a business mngn1ine recently: mon for hun to gr:lllt such requests "Ideally, I would oppose<my fonn of "You have to be seen to he im­ (to see him) wuhout appointmcnt. code of behaviour for judges. But partial. Even if tt were my f:uhcr or And he saw no n:ason why such a after what has happened, I am now mother in n position or pleading "strictly social" visit should have compelled to support the proposal." before me, it would hold no water." caused such a fw·ore.