|
 ©Malaysiakini
(Used by permission)
by Soon Li Tsin
De facto law minister Nazri Abdul Aziz is making his presence felt at the
14th Malaysian Law Conference but he is not sharing any of the Bar Council's
views on judicial reforms.
The minister shot down various proposals raised by Malaysian Bar head S Ambiga
in her welcoming address in Kuala Lumpur this morning.
Ambiga said that the 1988 judicial crisis had eroded public confidence in the
judiciary and stated the importance of a truth and reconciliation process to
take place.
However, Nazri told reporters later that the erosion of public confidence in the
judiciary is a matter of perception.
"That’s their perception which may not necessary be mine. What is (meant by)
'public'? Does it mean 1,000 to 2,000 people or the whole nation.
"We respect opinions but the government has its own perception so we agree to
disagree," he said.
"They (Bar Council) are talking from a legal point of view (but) we (the
government) run a country. We're looking from the summit of the mountain and
they are looking (from) their eye level," he elaborated.
Exception to the norms
The Bar president also called for the abolition of detention without trial laws;
and the revocation of emergency proclamations and emergency ordinances.
"The council takes the stand that laws relating to detention without trial must
be repealed in keeping with the country's pledge to uphold universal values in
all aspects of national development.
"The powers of detention without trial remains an exception to the norms of any
fair, just, equitable and democratic society," she said.
Current detention without trial legislations include Internal Security Act,
Emergency (Public Order and Prevention of Crime) Ordinance 1969, Dangerous Drugs
(Special Preventive Measures) Act 1985 and Restricted Residence Act 1933.
Ambiga also called for the repeal of the Printing Presses and Publications Act
1984 and Sedition Act 1948 as they have "outlived their use".
"We live in the age of the internet now. There is little point in controlling
the press if it only means that the news will easily find its way into
cyberspace," she told about 700 delegates present.
Responding, Nazri maintained that these laws were still needed to keep the peace
and stability of the country.
"There are laws that seem to be outdated but the peace and stability that you
experience now is very much because of [...] fact that we have to stop some of
the people raising emotional, racial issues.
It is not without a cost you experience the stability now. I still maintain that
we still need these laws," he said.
Asked whether Chief Justice Ahmad Fairuz Sheikh Abdul Halim's tenure will be
extended, the minister said he hasn't heard anything.
"I have not heard anything. You can ask the prime minister at tonight's dinner,"
he added.
Undertake major reforms
Declaring open the conference, Perak Sultan Azlan Shah said public perception of
the judiciary ultimately matters.
"The principle quality that the judiciary must possess is impartiality. It means
that judges are not only free from influence of external forces but also of one
another," he said.
The former Lord President had the delegates in stitches when he mistakenly said
"there are good lawyers and bad judges" when he meant "bad lawyers" before
smiling and correcting his error.
He also said that judges should resist socialising with business personages and
other well-connected people.
He added that it is time for the country to undertake major reforms in its
commercial court structure and procedures to compete with other countries.
Meanwhile, Prime Minister Abdullah Ahmad Badawi cancelled his appearance at the
opening ceremony at the eleventh hour to officiate the East Coast Economic
Region (ECER) today.
However, he is scheduled to read his keynote address in a dinner hosted by him
for conference participants in a hotel later this evening.
The three-day conference with the theme '50 Years of Independence' covers a
comprehensive selection of topics - from the Federal Constitution, the country's
legal system after 50 years, the rights of the stateless and indigenous people,
freedom of expression in arts, freedom of information to the role of Asean in
Burma.
 |
News/Articles/Notices 
Subscribe to this comment's feed
Circular No 297/2008
