Mah Weng Kwai must  redeem himself to get the Legal Profession Qualifying Board to rescind its decision to nullify the CLP exam results this year or there would be two powerful reasons for him to resign from the Board as well as step down as Bar Council chairman

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Media Statement
by Lim Kit Siang

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Bar Council chairman Mah Weng Kwai must redeem himself to get the Legal Profession Qualifying Board to rescind its decision to nullify the Certificate in Legal Practice (CLP) examination results this year or there would be two powerful reasons for him to resign from the Board, viz:
 

• for failing to act fairly  and justly as a Board member  by ensuring that the Qualifying Board does not shirk and compound its negligence and irresponsibility in the CLP exam paper leak scandal by inflicting further injustice and trauma on innocent, honest and hardworking candidates  in indiscriminately nullifying the CLP exam results; and
• for failing to represent the Bar’s objection to the nullification of the CLP exam results, which has caused several members of the Bar to censure Mak at a three-hour emergency meeting of the executive committee yesterday, as his appointment on the Board is solely by virtue of his position as  Bar Council chairman.

In fact, if Mah cannot make amends and convince the Qualifying Board  to admit the injustice of its indiscriminate annulment of the CLP results this year and to rescind the decision, there is no way Mah can continue as a member of the Qualifying Board  as well as Bar Council Chairman for a single minute, for  his appointment to the Qualifying Board is a statutory provision because of his position as Bar Council chairman and not in his personal capacity.

The resolution taken earlier by the Bar Council exco, as reported in the press, that the Qualifying Board has no power to rescind the CLP examination results and that it should review its earlier decision, and the call for a Royal Commission of Inquiry into the leak of CLP papers,  is the right and proper one.

The Qualifying Board has created a double mess -  firstly, in allowing the scandal of the CLP exam paper leaks to go on for several years without taking effective measures to  tighten internal checks and balances to uphold the credibility and integrity of the examination; and secondly, in compounding its negligence and irresponsibility by inflicting further injustice and trauma on the innocent, honest and hardworking candidates. It should not now create a triple mess by refusing the undo its unfair and unjust decision.

It is most disappointing that the Qualifying Board has further delayed till Sunday  in taking a right, proper and just decision to rescind its annulment of the CLP exam results this year.

There is no reason why the Qualifying Board must wait until a full Bar Council meeting is held on Saturday, as if it  is right, proper and just that the Board decision to nullify the CLP examination results this year should be rescinded, it should be done immediately without having to wait for a  meeting from any other body.

The  Qualifying Board should not delay any further to adopt a five-point formula to deal with the CLP exam paper scam:
 

• full co-operation with the police to punish and bring to book all those guilty of the CLP exam papers leak scandal, whether on the Qualifying Board, the CLP examination secretariat or the candidates;
• rescind the   decision to nullify the CLP exam results this year;
• establish  an independent audit to review  the marking of all the  CLP papers this year to rectify any marks-tampering resulting in students deserving to pass being failed;
• revamp of the entire executive staff responsible for the CLP examination, including the  dismissal of the CLP examination director Khalid Yusof who must bear the greatest personal  responsibility  for the general conduct of the examination; and
• a full public  inquiry as to how the CLP examinations have fallen into such a scandalous and  disreputable state of affairs, sabogating the national aspiration to position Malaysia as an international centre of academic excellence, tracing as far back as possible past  CLP  examination leaks, weaknesses  and scandals and to  make  recommendations as to how the  CLP examination  could  restore its honour, reputation and dignity so that it could hold its  head high again.

(22/11/2001)