New Attorney-General Gani Patail should explain whether the multi-layered CLP scandals have joined the long list of  “heinous crimes without criminals” in Malaysia  without anyone being prosecuted despite completion of police investigations

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Media  Statement
by Lim Kit Siang

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The belated  suspension and arrest of the Certificate in Legal Practice (CLP) examinations director, Khalid Yusof in early December did not convince the Malaysian public that the authorities are serious in dealing with the multi-layered CLP scandals and such skepticism seems justified by the total lack of follow-up action in the field of prosecution in the past month.

As at stake is not just the question of justice for the CLP students, whether those who had been failed when they should have passed or passed when they  should have failed, but the very integrity of the legal and judicial professions, the administration of justice and the reputation of the professional examinations, it is most disappointing that the authorities had failed to act in a manner to secure public confidence in their competence, impartiality and professionalism.
 

• Two months after the multi-layered CLP scandals, the authorities whether  the Qualifying Board, the police or  the Attorney-General’s Chambers, had  failed to give satisfactory answers to very pertinent questions, such as:
• Why did  the Qualifying Board waste  18 days before lodging a police report on the crime of marks-tampering with the CLP exam results, when the Board had discovered by November 10 last year about the  marks-tampering and which was the main reason for the original Board decision to nullify the July 2001  CLP examinations?
• Why did the Board go only half way to “re-grade” or rectify the marks-tampering in the CLP examinations last  year,  adjusting the answer scripts “illegally marked up” but not those “illegally marked down”, which was  a great injustice to victims who deserved to pass but whose results had been tampered into failing?
• Why did the CLP become the most difficult examination to pass in the country, as with the “re-grading” by the Board,  failing 113 of the 232 who had been awarded full passes, the CLP clear pass rate last year plunged to the unbelievable rate of 12.9%, raising the question as to whether the whole conduct of the CLP examination had become a  hanky-panky, more intent on becoming the toughest "obstacles course” to keep the pass rate phenomenally low completely unrelated to professional standards, academic excellence or examination performance of the candidates?
• Was there any hanky-panky in the marking of the CLP answer scripts, an issue raised by the Qualifying Board review committee examining those who set the CLP questions as well as the examiners?
• Why had there been no interest whatsoever about similar CLP scandals for the previous years?

The double CLP scandals of examination paper leaks and “marks-tampering” have  cast a pall and stigma on the entire CLP examinations of recent years, raising the disturbing question of  unqualified and dishonest  lawyers who illegally passed the CLP and who  could go on to become, one day, the Bar Council Chairman or a Federal Court judge!

The Minister in the Prime Minister’s Department, Datuk Dr. Rais Yatim indicated yesterday that a major revamp or even scrapping of the CLP is in the works, and that his Legal Division in the Prime Minister’s Department is organising a workshop specifically on the subject in Putrajaya on January 15, and that it would be attended by  representatives from the Attorney-General’s Chambers, public universities, Bar Council and law students.

He said the workshop would look into the relevance of the CLP system, its legal standing, syllabus and format, and even whether it should be abolished. A report will be presented to him after the workshop, from which he will prepare a Cabinet paper for discussion by the Government.

However, Rais is shirking his responsiblility as the de facto Law Minister in continuing to maintain a loud  silence on  the outcome of investigations by the various authorities into the multi-layered CLP scandals.

Rais should provide the leadership in his bailiwick of responsibility by  putting  an end to the deplorable lack of seriousness and  sense of urgency by the various authorities to account  to the Malaysian public on  the multi-layered CLP scandals.

(10/1/2002)