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KUALA LUMPUR: The inclusion of a lawyer in the Judicial Appointments Commission (JAC) will ensure that views of the legal profession and the public are put forward without fear, said Bar Council president Datuk Ambiga Sreenevasan.

“There will not be a conflict of interest. The Bar has always been known to speak without fear or favour and in the public interest. Our charter requires us to do so,” she said, adding that the Bar president’s fixed tenure of two years was another safeguard for its impartiality.

She said the Bar disagreed with the proposal that only newly-appointed judges sit on the JAC.

“Much of the unhappiness over the years has been over the abuse of the promotions perceived to operate on patronage,” she said in a statement.

Ambiga stressed that there must not be any executive interference in the appointment and promotion of judges, with incidents such as the Lingam Tape disclosure showing the danger of groups or individuals who could influence judicial appointments.

“The scope and operation of the JAC must be founded on the principle of separation of powers and greater transparency at all levels.

“The composition of the JAC must also reflect a fair representation of the various stakeholders in the judicial system,” she said.

She added that the Prime Minister’s prerogative must be limited when it comes to appointing and promoting judges.

“There is little point in having a JAC if the PM is free to reject its recommendations,” Ambiga said.

Prime Minister Datuk Seri Abdullah Ahmad Badawi had said that the Government planned to set up the JAC to recommend to him candidates for judiciary positions, and to evaluate and vet them in a systematic and credible manner “based on clearly defined criteria”.

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