The decision by the Legal Profession Qualifying Board to annul the Certificate of Legal Practice examination last year was for the good of the public as well as the profession, a lawyer for the board told the Kuala Lumpur High Court today.

"We wish to stress that the effect of making unqualified candidates lawyers would be very prejudicial to the profession and the public at large and to a much greater extent, to these very candidates themselves," said LPQB legal counsel Zaki Tun Azmi.

He was submitting at a suit brought by 16 students against the board after they failed last year's CLP examination following an annulment and a re-grading exercise by the board. The students want the court to reverse the board's decision and order it to maintain the marks before the re-grading exercise.

Zaki said if presiding judge Arifin Zakaria were to decide in favour of the students, a precedent would be set for over 200 more students who failed the same examination to become qualified lawyers.

"The LPQB had a duty to ensure that there was good administration and accordingly held many meetings to determine what needed to be done and had to ensure the integrity of the profession was maintained," Zaki added.

Director suspended

Last November, the five-member board came under fire following its decision to annul the examination results of both the July CLP exam and October supplementary exam after it was discovered that questions had been leaked to candidates.

In addition to the leakage, it was also revealed that the marks had been tampered with, forcing the board to re-grade the papers.

The board held CLP examination director Khalid Yusof responsible for the irregularities in the results. Khalid, who has been with the board since 1993, is currently suspended and is under police investigation.

The members of the board at the time of the controversy consisted of former attorney-general Ainum Mohd Saaid, Federal Court judge Siti Norma Yaakob, High Court judge Abdul Wahab Patail, Bar Council chairperson Mah Weng Kwai and academic Shamsuddin Suhor.

Affidavit requested

At today's hearing, counsel for the students, Karpal Singh, said that the High Court should decide in favour of the students.

"The learned judge has ample powers under the Legal Profession Act to review the board's decision.

"Reviewing the decision means looking at the position with objectivity and judgement and not with a jaundiced eye," Karpal said.

He also added that Khalid, who was responsible for transferring the exam's marks onto a master list to be presented to the LPQB should be made to produce an affidavit to be submitted to the court.

The hearing continues Monday.