A retired top judge revealed that while there were members of the judiciary who had attempted to 'instruct' him on how to handle court cases, he had rebuffed their efforts.

"I told them off!" former Court of Appeal judge Shaik Daud Mohd Ismail told malaysiakini in an interview at his residence in Damansara Heights recently.

"After that, I can see their attitude was different. They were distant and cooler, but I didn't care. When I hear a case, I will handle it to the best of my ability," said the retired judge who now interludes his free time between walking and gardening, and playing with his youngest granddaughter.

Shaik Daud is married to Beebee Zubaidah and they have four children — both his boys are law graduates with one practising law and the other a legal adviser.

"Once I was asked to sit at the Federal Court for an appeal because Tan Sri Mohd Azmi Kamaruddin who was supposed to hear it was sick," continued the judge.

"I told them, I did not know anything about the case, so I was given the records. Then I was told what to do. I replied that although I have read the records, I would still go to the court with an open mind.

"Don't make me decide on paper, I told them. If the argument is for, I will allow and if the argument is against, I will dismiss. That's why they didn't like me, because I objected.

"They expected me to say 'yes, sir', and just do whatever they want. To me, you are doing an injustice to the accused and the litigants."

There have been continuous murmurs in the past that judges had faced pressure from their bosses on how to decide certain cases.

This came to light last June when Justice Muhammad Kamil Awang wrote in his election petition judgment, which went against the ruling coalition, that there was an apparent attempt from the top to influence his decision over the telephone.

Subsequently the then Chief Justice Mohd Eusoff Chin admitted making the phone call, but denied trying to influence the now retired Muhammad Kamil to decide in favour of the ruling coalition.

Eusoff should have been sacked

Shaik Daud, who retired last year after almost a 40-year career in the legal line, also said that Eusoff, who retired in November 2000, should have been removed from office for destroying the good image of the judiciary.

He said that the various allegations leveled against the country's former top judge were serious enough to warrant dismissal and felt that Eusoff should "have had the guts to step down".

"Or the least he could have done was to answer the allegations properly and convincingly. His answers and explanation on the allegations were definitely not well done and unconvincing," he said.

Shaik Daud said he was aware that the allegations and the controversial photos of Eusoff and a prominent litigation lawyer while on holiday in New Zealand was widely published in the Internet.

"I felt sad that this had happened to the chief justice, the head of the judiciary. But because of him and the allegations against him, the judiciary's reputation was wholly tarnished. The public seemed to think that all judges are like him," said Shaik Daud, who belongs to a rare species of judges who don't play golf.

Shaik Daud, who started off his working life as a car salesman in Penang in 1957 before shipping off to England to pursue his law studies, also revealed that Eusoff had practised double standards and favouritism, and that he (Shaik Daud) was "put in cold storage" for not being a "yesman".

Poison pen letter

Shaik Daud also spoke about two former judges who left the judiciary under a shadow — Syed Ahmad Idid and Visu Sinnadurai.

"As far Visu is concerned, I only know that he left after rejecting a transfer to East Malaysia."

As for Syed Ahmad, Shaik Daud said he believed that the former High Court judge was asked to resign because of a poison pen letter against judges' corrupt practices and misconduct which was circulated to all judges.

Shaik Daud also disclosed that the former Court of Appeal President Lamin Yunus was "not a very good head of the Appellate Court".

"He did not take criticisms very well and practised favouritism, though not as bluntly like the other person! The other one [Eusoff] was very clear."

This is the first of a three-part series of interviews with former Court of Appeal judge Shaik Daud Mohd Ismail. Malaysiakini subscribers can read the full question-and-answer in "Put in 'cold storage' by ex-chief justice" in the opinions/features section. More tomorrow and Friday.