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An Interview with Dato Syed Ahmad Idid (SP) formerly a High Court Judge.
By MiharDias (C) Copyright September 2022
The acquittal of the highly placed political figure by the court in Shah Alam attracted wide attention. I sat down with Dato' Syed Ahmad to get his views as a former judge.
Dato' Syed Ahmad: Do not blame the judge though he pronounced the decision. Of course in cases where the Prosecution has put in all relevant evidence enough to convict and yet the judge says it is insufficient to establish a prima facie case then the limelight can turn on the judge.
Mihar Dias: Do you know of similar cases elsewhere?
Yes. We do have many similar cases in the USA, The UK, Australia and other countries of, "Prosecutorial misconduct" which has to be proven before one can blame the AG or others.
Mihar Dias: What do you mean by prosecutorial misconduct?
Dato' Syed Ahmad: Prosecutorial misconduct or, (I add), incompetence in jurisprudence is "an illegal act or failing to act on the part of the prosecutor".
Prosecutors in the US are bound by a set of rules which aim at fair and dispassionate conduct. (Bar Ruies and DPP guidelines).
Our prosecutors (be they the AG or DPP or from the Police and other authorities) are expected to earn their salaries by adhering to similarly high standards.
In 1993 the 6th Circuit Court of Appeals ruled John Demjanjuk had been a victim of prosecutorial misconduct.
Federal prosecutors withheld evidence. John's sentence was overturned. When I sat as judge in the High Court it worried me about the Prosecution and witnesses who tell untruths.
I need not dwell on the case of O. J. Simpson where a detective had planted evidence at the crime scene.
As a result, Simpson was found not guilty.
Mihar Dias: Any local case?
Dato' Syed Ahmad: I recall a Malaysian case where a police officer had placed a hand granade in a Chinese woman's house. Her house was raided and she was arrested but the woma was later found not guilty.
I believe what Francis Fukuyama said may occur in our country, too.
In cases where the Prosecution has not been fair or ethical it might lead to a distrust in the government and the belief that public authorities are in a vast conspiracy to violate the rights of individuals (and I add) "to get the judge to free the accused from shortage of the evidence".
In 2006 Duke University men's lacrosse team hired a female stripper. She accused 3 of the players of rape. The DNA did not point to them and one had an alibi. The case vs the players collapsed. All charges were dropped. The AG took the unusual step of declaring the players innocent.
The DPP in that case was disbarred. A murder suspect was found guilty. After 25 years in prison evidence was provided that the DPP had a DNA which pointed to another man. The prosecutor later pleaded guilty to withholding evidence essential to fight the charge. He was sentenced to 10 days in jail and disbarred.
Sometimes we find Prosecutorial impropriety. Judges may then cite such misconduct as a reason to dismiss charges.
The Prosecution too need to explain how or why they lost their cases and the guilty went free.
Mihar Dias: Do you think good training may help?
Dato' Syed Ahmad: I was trained by . Before I prosecute I must know the evidence thoroughly and that the evidence is substantial. (Cited as 90% certain to ensure conviction) before I take the matter to court. Except for one case in Kuala Kangsar magistrates Court. All other cases were "won" and substantial amount of fines were collected plus confiscation of goods and vehicles.
Mihar Dias: What about "coaching" the witnesses?
Dato' Syed Ahmad: Telling a witness to lie at trial or knowingly allowing him/her to tell untruths is indeed horrid. This kills our system and bring shame and disgrace to the Prosecution.
So put in another way, Prosecutorial misconduct is when the prosecutor commits ethical or other violations... In order to get conviction or help secretly the accused to be freed.
I am not commenting on past or current cases but many lessons can be learned or gauged from past or current experiences. Especially in cases involving top corporations and money.
One must be mindful of the "protector" who has power to decide. With so much evidence and clearcut avenue towards conviction the "protector" will sign off the file with NFA "or No Further Action. The matter stops and the guilty is hidden under that decision.
Where the cases deals with money via theft or fraud the persons involved will try to gain favourable decision for themselves.
They may flaunt their riches and pay out bribes as if there will be no tomorrow. After all acquittal is the aim.
Mihar Dias: Whom do they pay!
Dato' Syed Ahmad: I leave this to your honest judgement on human weaknesses.
Mihar Dias: Thank you for sharing your views with me.
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