I REFER to your report, "Sultan Azlan Shah calls for judicial reform" (NST, Oct
30).
In his opening address at the 14th Malaysian Law Conference,
he showed himself to be a concerned individual with strong morals, ethics and
values.
As an ordinary Malaysian citizen, I was pleased to note that he was voicing the
concern of all Malaysians when he said: "Nothing destroys the confidence the
general public or the business community has in the judiciary more than the
belief that the judge was biased when he decided a case, or that the judge would
not be independent where powerful individuals or corporations are the litigants
before him."
The separation of powers is an entrenched part of the Constitution, but recent
opinions suggest it is losing its bite.
Thus, judicial independence is more critical now than ever before.
A judge must have total freedom to decide cases based only on
the facts and the law. It must not be based on his own personal beliefs, the
views of special interest groups or even public opinion.
As judges are human, it is a fallacy that they do not have preconceived views
about many matters before them.
This problem is not unique to Malaysia. The American Bar Association created a
commission in 2003 to ensure fairness, impartiality and accountability in the
judiciary.
The commission's report, Justice in Jeopardy, emphasised the importance of "the
rule of law, judicial independence and impartiality, judicial qualifications and
the need to demographically reflect society, and the importance of public faith
and confidence in the judiciary".
This commission identified eight "Enduring Principles" applicable to judges and
the judicial system:
- Judges should uphold the law.
- Judges should be independent.
- Judges should be impartial.
- Judges should possess the appropriate temperament and character.
- Judges should possess the appropriate capabilities and credentials.
- Judges and the judiciary should have the confidence of the public.
- The judicial system should be racially diverse and reflective of the society
it serves.
- And judges should be constrained to perform their duties in a manner that
justifies public faith and confidence in the courts.
In sharp contrast to Sultan Azlan Shah's wise and succinct statements, the
response from Minister in the Prime Minister's Department Datuk Seri Mohamed
Nazri Abdul Aziz comes across as being in a state of denial, condescending and
flippant ("Nazri on judges' behaviour" - NST, Oct 30).
Perhaps Nazri should come down from the rarefied atmosphere of his political
mountain summit and stand at eye-level with the rest of the population.
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