IN his address at the presentation of the Business Ethics Institute of Malaysia’s (BEIM) Annual Five Petal Gold Ethics Award, retired Court of Appeals judg Hamid Sultan Abu Backer rmade several points underscoring the the unity government’s call for better governance and accountability.

He stressed that intellectual honesty is the anchor for ethics and this includes justice, transparency, good governance, fairness, and accountability. Cowardice, conspiracy, cunning and jealousy are the hallmarks unethical individuals.

“Any country which rides on oppressive laws with the support of the judiciary in its interpretation to prevent disclosures which will benefit the country, rule of law and its people is bound to fail not only in economic terms but also in relation to moral and ethical behaviour,” he said.

“An institution or corporate organisation which takes action against ethical disclosures must be severely condemned by all right thinking members of society. Organisations which are involved in promoting ethics must be supported by the government and its agencies.

He said he retired from the judiciary with an extremely unpleasant taste in his mouth as he felt abused for standing up for the values encapsulated in his judge’s oath of office.

“It is therefore amazing that BEIM has invited me when despite all my multiple qualifications, contribution, writings on law and books, the Judges Ethics Committee suspended me for writing a judgment relating to the rule of law and ethics and also for filing an ethical affidavit in court disclosing judicial misconduct relating to cases involving Anwar Ibrahim and Karpal Singh”.

The Pakatan Harapan government then led by Dr Mahathir Mohamad called call for an inquiry but this was cancelled when judges past and present met the PM to object. Justice was denied even to an Appeals Court judge.This epidemic of corruption needs the vaccine of transparency in our country!

“Is this the right approach and is this fair to those who seek justice like me?” Hamid asked.

A judge turned whistleblower has paid a heavy price. 

It takes moral courage to take a stand. When the judiciary itself is not open to inspection and scrutiny, it says a lot about where we are today.

One hopes the new government’s rhetoric will result in action, including an inquiry. If the judge is found guilty than he needs to face the  consequences. This will send a clear message to the judiciary on what is expected of them as the guardians of justice.

Hamid also called on the government to compensate another judicial whistleblower, Syed Ahmad Idid, who stood up for justice. Lim Kit Siang has on an earlier occasion also made such an appeal.

“Without whistleblowers, corrupt and unethical institutions and persons will prosper not in arithmetical but geometrical progression. There is a need thus to protect well-minded, qualified and respected whistleblowers,” he said.

This is why whistleblowers are feared the world over. So many have exposed illegal activities that have harmed many. Good people can either remain silent and condone the wrong happening before their eyes or stand up and be counted. The sad reality is that those who do so pay a heavy price. 

Consider what silence has cost our nation in relation to highly publicised cases involving the top politicians of the country.

Where corruption is widespread, it is challenging to stay ethical.

The elites protect themselves and the rot continues.

As Nobel laureate Roberta Manchu said, “Without strong watchdog Institutions, impunity becomes the very foundation upon which systems of corruption are built and if impunity is not demolished all efforts to bring an end to corruption are in vain”. – December 24, 2022.

* K. Haridas reads The Malaysian Insight.