If there were no bad people there would be no good lawyers.
– Charles Dickens, English writer and social critic
In an era when many prominent personalities are remembered for all the wrong reasons, we occasionally come across some who leave an indelible mark for all the right reasons.
Based on the recent outpouring of condolences and tributes, we have another rare prominent person who fits the criteria of a person who will be remembered for all the right reasons.
On the afternoon of January 29 2023, it was announced that Datuk Seri Gopal Sri Ram, aged 79, had died. He had been admitted to the intensive care unit of a hospital on January 18 for a lung infection.
Prime Minister Anwar Ibrahim extended his condolences to Sri Ram’s family via Twitter, as did Emeritus Professor Datuk Dr Shad Saleem Faruqi.
Others, such as Chief Justice Tun Tengku Maimun Tuan Mat, Attorney-General Tan Sri Idrus Harun, Tan Sri Muhammad Shafee Abdullah and former attorney general Tan Sri Tommy Thomas, did likewise.
Malaysia had lost a great legal mind, a national treasure, who had contributed much to the judiciary, field of legal knowledge and the administration of justice.
An Honorary Bencher of Lincoln’s Inn, Sri Ram, as he was commonly referred to, was called to the Malaysian Bar in 1970 and practised law until his appointment to the Court of Appeal in September 1994.
He became the first person directly elevated to the Court of Appeal in Malaysia. Sri Ram subsequently served as an Appeal Court judge for 15 years and was elevated to the Federal Court after that.
Sri Ram retired from the judiciary in 2010, serving 16 years as a public servant. It is reported that he wrote about 800 judgments during his tenure as a judge.
He returned to private practice after retiring as a judge, despite a resolution by the Malaysian Bar Council that retired judges should be prohibited from appearing as counsels in court. The Federal Court had decided there was nothing wrong with retired judges returning to practise law.
In addition to his involvement in some of Malaysia’s most notable legal cases, Datuk Seri Gopal Sri Ram was also involved in a variety of civil cases. He was involved in matters pertaining to land issues, copyright law, medical negligence, banking law, and more.
He was recognised for his judgements in public interest cases and has also authored several authoritative books related to the law and judicial matters,
Datuk Seri Gopal Sri Ram has had a long and distinguished legal career, having appeared for the prosecution in some of the country’s most high-profile criminal cases.
At the time of his untimely passing, Sri Ram was at the forefront of the high-profile 1Malaysia Development Bhd (1MDB) trial, leading the prosecution team as senior deputy public prosecutor.
He was also the lead prosecutor in the RM1.25 billion solar hybrid project corruption case at the time of his death.
Despite relentless efforts by the defence to remove him, he had remained steadfast in his role, determined to seek justice.
What happens to all of Sri Ram’s ongoing court cases he was prosecuting as a Senior Deputy Public Prosecutor? This is a question that is on the minds of many members of the public. I am also sure it is on the minds of those parties who are being prosecuted.
There will be a high degree of scrutiny on the next steps by the government in these public interest court cases.
The death of Sri Ram has left the Attorney General of Malaysia with the task of deciding on the direction of the various outstanding corruption court cases.
Obviously, a new prosecutor will be selected to continue the proceedings in the 1MDB cases. This option would ensure that the court cases are brought to a conclusion. However, finding a suitable replacement equally adept at handling such a complex case may take time and effort.
However, this might delay the various ongoing trials as a suitable replacement might take some time. This could be the best option as it would allow the prosecution team time to find a replacement and experienced qualified person with the stamina and mental fortitude to handle cases of this nature.
The alternative to close all the cases and drop all charges, as the primary prosecutor is no longer available, should not be entertained. This would be a controversial decision as the cases have been on-going for many years and has already seen substantial progress.
Sri Ram was a respected and accomplished figure in the legal community in Malaysia. His career as a lawyer, judge, and senior deputy public prosecutor marked him as a committed and relentless advocate for justice, fairness and the rule of law.
His contributions to the legal system will always be remembered, and his work will continue to inspire future generations of legal professionals.
One of the best ways the government can honour the late Sri Ram would be to appoint a competent, dedicated and unswayable prosecutor. This would enable the court cases to reach their logical conclusion.
His dedication to the pursuit of justice will be remembered, as should the efforts of all those who pursue the same objectives.
The views expressed here are those of the columnist and do not necessarily represent the views of New Sarawak Tribune.
