Today’s announcement of promotions in the Judiciary, which saw so many senior judges being passed over, has unfortunately confirmed the fears of the Bar that such an important aspect of our system of justice has been lightly treated, with indifference to transparency and objectivity, and in the absence of consultation with the Bar. There has been no credible explanation for the en masse bypass of senior judges, and none is apparent. This process, or lack of proper process, has been carried out despite the clarion call by the Bar Council as exemplified in the Bar Council’s press statement dated 5th July 2003.
The Bar Council has taken great pains to explain that, when senior judges are bypassed en bloc in favour of junior ones, the question that immediately presents itself is not so much the suitability of the latter, but rather on what acceptable criteria have the former been considered unsuitable and therefore not been chosen (as would otherwise have been in the ordinary course of things). This issue is of legitimate concern to the Bar and the public, especially when passing–over appears to have become the rule rather than the exception.
The lack of full and credible explanation allows negative speculations to flourish. This is neither fair to the bypassed judges, nor to the promoted ones.
Today’s event has exposed the alarming breakdown of a much needed mechanism for the determination of fair and proper judicial promotions in this country. It leaves many questions unanswered, and sinks the system into poorer health.
Optimism towards an improving system has today been forsaken. However, the Bar will not lose hope, and will persevere in protecting and defending the institution of the judiciary. It is important that the Malaysian public should become better acquainted with these vital issues relating to our system of justice. The role of informed public opinion is crucial in any democratic society.
Dated 24th July 2003
Hj. Kuthubul Zaman Bukhari
Chairman
Bar Council