In reference to Arfa'eza A Aziz's report , 'Mohtar will be greatly missed: Chief Justice', whilst it is only expected that the Chief Justice and other judges would say the best of their brethens, what is surprising is Bar Council chairperson Kuthubul Zaman Bukhari's stand on behalf of the Bar: "Mohtar will be remembered as a good and competent judge. Lawyers all know him to be a good magistrate, sessions court president and deputy public prosecutor before he was elevated as a judge."

There is a material omission here, isn't there? According to your report "the Shakespeare-quoting Mohtar served as AG from January 1994 to December 2000". Therefore, after the post of deputy public prosecutor, he had served as attorney-general before being elevated to the Bench.

I note with interest that in Kuthubul Zaman's eulogy and oration, he deliberately omitted mention that Mohtar would be remembered or known to be a good attorney-general as well!

For it was during his watch as attorney-general, a storm of controversies was generated in respect of the statutory rape case involving a chief minister that resulted in Lim Guan Eng being incarcerated under the Printing Presses and Publications Act and the Sedition Act.

It was also during his watch as attorney-general, ex-deputy prime minister Anwar Ibrahim was prosecuted and convicted of corruption and sodomy in spite of widespread domestic and international skepticism and protests.

For these reasons, his elevation to the Federal Court was, according to DAP national chairperson Lim Kit Siang, "the most controversial judicial appointment in the nation's history - marked by widespread public disapprobation and even condemnation as it is regarded as a threat to judicial reforms to restore public confidence in the judiciary".

It earned Malaysia a rating by expatriate Asian businessmen as being one of the five countries with the worst legal system in Asia, and drew flak from international legal bodies.

However there is something in this etiquette and custom of Bar Council to give an appropriate eulogy in the passing of a judge. Its chairperson thought it appropriate to portray selectively only the good aspects of the judicial personality and career so that the appropriate regret rather than glee may be expressed with respect to his demise.

In this connection, the Bar council chairperson certainly exhibited considerable legal talent and double speak to distinguish Mohtar's as a "good magistrate, sessions court president and deputy public prosecutor" and a Federal Court Judge from that of his tenure as attorney-general by the simple expedience of merely omitting mention of the latter.

In terms of public record, can a public official's service to the public be measured and assessed in such a segmented and selective form carved between periods of different posts, mentioning the non-controversial in omission of the controversial?

I think Kuthubul Zaman, representing an independent professional body like the Bar Council, should set the public record straight by mentioning both the achievements as well as failings of the person eulogised without which the achievements would sound contrived, insincere and hollow. Even the good aspects would not be believed for the want and lack of balance of the failings being mentioned.

It is interesting that death has a strange way to remove a person beyond public censure in areas of his failure and shortcomings, which may be viewed as an expression of public grace and professional courtesy and sensitivity. Such an oration may be politically and socially correct but intellectually suspect.

It raises the other important question whether from a public interest perspective, if public officials can always escape criticisms, accountability or calumny in death, is there any incentive for them to do the right thing and any deterrent to desist from doing the wrong thing when alive?

According to your report, in spite of "harsh criticism and accusations levelled (against Mohtar), it did not deter him. On his last day as AG, he told reporters: "History will judge me."

Going by what Kuthubul Zaman said, Mohtar was probably right in having the last laugh wherever he is.