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 ©New Straits Times
(Used by permission)
by Anis Ibrahim and Aniza Damis
• Reforms ensure credible judiciary
• Reforms ensure credible judiciary
• Mukhriz: I have no comment
• Suggestions on choosing judges
KUALA LUMPUR: Work on the setting up of a judicial appointments commission could
start next week, with consultations possibly involving former Lord President Tun
Salleh Abas.
Minister in the Prime Minister's Department Datuk Zaid
Ibrahim has identified Salleh, who was removed from office in 1988, as a
stakeholder in the setting up of the commission.
Zaid said he was eager to start working on the finer details of the commission.
"I have to discuss various matters with the stakeholders first but I'll try to
push it as fast as I can.
"I want to start on this next week. We're going to start moving really quickly
from now on."
Asked whether he had identified the stakeholders, Zaid, the
minister in charge of law, replied: "The courts, the judiciary, the
attorney-general, Bar Council and people with experience, like retired judges --
maybe even Tun Salleh himself -- I want his advice."
The judicial appointments commission is a key element in the government's bid to
reform the judiciary, currently seen as being a shadow of what it was before
Salleh's removal in 1988.
Prime Minister Datuk Seri Abdullah Ahmad Badawi announced on Thursday the
setting up of a commission to identify and recommend candidates for the
judiciary.
The commission and a review of the judiciary's terms of service and remuneration
as well as ex gratia payments to Supreme Court judges implicated in the 1988
judicial crisis were announced at a Bar Council dinner.
Salleh was suspended in May 1988 and charged before a tribunal convened by then
prime minister Datuk Seri Dr Mahathir Mohamad (now Tun) on grounds of
misconduct.
Then Supreme Court judges Tan Sri Azmi Kamaruddin, Tan Sri Eusoffe Abdoolcader,
Tan Sri Wan Hamzah Mohamed Salleh, Tan Sri Wan Suleiman Pawanteh and Datuk
George Seah later convened and granted Salleh an interim order against the
tribunal.
This order was, however, set aside.
The crisis reached its peak on Aug 8, 1988 when Salleh was removed from his
post.
The judges who granted Salleh the interim order were suspended but Wan Suleiman
and Seah were eventually sacked while the rest were reinstated.
Of the six judges, Salleh and Azmi were present at the dinner. Seah and Wan
Hamzah were unable to attend.
The late Eusoffe and Wan Suleiman were represented by their families. 
Reforms ensure credible judiciary
by Hamidah Atan
PUTRAJAYA: Reforms are a significant step to establishing a judiciary with the
highest standard reputation, the deputy prime minister said yesterday.
Datuk Seri Najib Razak said the government under Prime
Minister Datuk Seri Abdullah Ahmad Badawi was aware that the judiciary had to
have the highest credibility and reputation.
"The changes or reforms as announced by the prime minister are important as the
government is aware of the need to ensure the institution has the highest
reputation and can perform in terms of deciding on cases in an expeditious
manner.
"It is also important in determining that only judges of the highest integrity
and capability are appointed."
As the judicial appointments commission acts only in an advisory capacity, the
final authority lies with Abdullah to make recommendations to the Yang
di-Pertuan Agong and the Conference of Rulers.
"This means that the prime minister will have the benefit of
hearing from learned and eminent people on appointing personalities to the
various positions in the judiciary."
Najib said this after witnessing the signing of a joint-venture agreement
between China's Chery Automobile Co Ltd and Alado Corporation Sdn Bhd at a hotel
near here.
Also present were Chery Automobile president Yin Tong Yao, Alado Corporation
chairman Datuk Musa Saad and its president Tan Sri Dr Cam Soh Thiam Hong.
Abdullah said on Thursday that while the constitutional prerogative of the prime
minister to put forward names to the Yang di-Pertuan Agong would remain, the
commission would evaluate and vet candidates in a systematic and credible manner
based on clearly-defined criteria.
The government would also initiate a review of the judiciary's terms of service
and remuneration, Abdullah said.
In recognition of the six judges who had been sacked or suspended in the 1988
judicial crisis, Abdullah said the government would be making ex gratia payments
to them.
On the payments, Najib said they did not amount to "revisiting whatever has been
decided by the government".
"It is not to be misconstrued as any form of apology but it is our way of
addressing some of the personal considerations, experiences and hardship they
had gone through.
"It should not be construed as anything beyond that."
Najib also said the issues relating to judicial reforms and payments of ex
gratia had been discussed by the cabinet.
Mukhriz: I have no comment
KUALA LUMPUR: Jerlun member of parliament Datuk Mukhriz Mahathir has declined to
comment on either the government's plan to form a judicial appointments
commission or the goodwill ex gratia payments to six senior judges who were
sacked in 1988.
"I'm sorry. I don't want to comment on this matter. It's not
suitable for me to comment and this is also not the right time ...I'm sorry," he
said when contacted by Berita Harian yesterday.
Mukhriz, along with his father, former prime minister Tun Dr Mahathir Mohamad,
has been critical towards Prime Minister Datuk Seri Abdullah Ahmad Badawi,
especially after the recent general election.
On Thursday night, when Abdullah announced the government's plans at the Bar
Council dinner, he received loud cheer when he referred to the 1988 judicial
crisis and gave details on how he wanted to bring closure to the darkest hours
of the institution.
Meanwhile, Bernama reports that Mukhriz has denied that he had a pact with
former Selangor menteri besar Datuk Seri Dr Mohd Khir Toyo in his (Mukhriz) bid
for the post of Umno Youth chief at the Umno general assembly in December.
"I have never worked out any pact with Khir (in my bid to
vie) for the post of Umno Youth chief."
Both men have announced that they would contest for the post of Umno Youth chief
in the party's elections in December after Youth chief Datuk Seri Hishammuddin
Hussein said he would not be defending the post.
Suggestions on choosing judges
KUALA LUMPUR: Only those who are fluent and have the ability
to write well should be considered for judicial appointment and promotion, an
academician said.
Law professor Dr Shad Saleem Faruqi said these were among the criteria the
proposed judicial appointments commission should have in recommending judicial
officers to the prime minister.
"Of course, the commission should also be looking into the service records of
candidates proposed for appointment and promotion in the judicial ladder," said
the lecturer from Universiti Teknologi Malaysia in Shah Alam.
He said the commission members should be given a clear terms of reference to
carry out their functions in order to send the best candidates to sit in the
judicial office.
"They must be interviewed and a further evaluation be carried out before
nominating them to the prime minister."
Dr Shad said the prime minister currently consulted the chief
justice in appointments and promotions but the task would be shifted to the
proposed commission.
"In all fairness, the chief justice should be a member of the commission to
assist in the task of picking good judges," he said.
Dr Shad said others should include the Attorney-General, representatives from
the legal fraternity in the Peninsular, Sabah and Sarawak, the academic
community and lay persons.
He said the government could look at the workings of the commissions in several
Commonwealth jurisdictions for guidance.
"But I am not in a position to tell which is the best model for us to adopt," he
said.
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