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The video clip involving a senior lawyer and allegedly, the Chief Justice has provoked so much outrage and angst among the right thinking members of this honourable profession.

Following that, the manner in which the Prime Minister (and indeed his minions) has dealt with the video clip is nothing short of being woeful and cowardly.

I must say that the bold decision by the Bar Council to submit a memorandum to the Prime Minister and the Malaysian Cabinet on Wednesday for the setting up of a royal commission to investigate the video clip, in addition to holding an extraordinary general meeting (EGM) is a step in the right direction.

But is this really enough? I feel that a long term solution is needed and that this long term solution is to continue pressing for the establishment of an independent commission for the appointment and promotion of judges.

The lackluster reply by the government in wanting the authenticity of the video clip be determined first is missing the trees for the woods. What if indeed the video clip was true to begin with?

Are we all going to sit back and wait for the outcome of the official investigations that will most likely show the video is fake or that the senior lawyer depicted in the video was indeed displaying his protean abilities by talking nonsense to himself?

All of this while the world laughs at us and in the process our attractiveness to foreign investors grows opaque by the day?

The video clip was indeed god-sent. I would like to believe that if at all this video clip teaches us one thing, it is that our current system can be manipulated so easily.

We cannot afford to take the appointment and promotion of judges and in the integrity of the judicial system lightly. The video clip has clearly shown that it is so easy to abuse this process of appointment and promotion of judges. We cannot afford to ignore this and merely hope and pray that it does not happen again.

The call for the establishment of an independent commission for the appointment and promotion of judges has never been so loud.

Time and again, the Bar Council, prominent politicians from both spectrums, judges and right thinking members of society have clamoured for the creation an independent commission for the appointment and promotion of judges.

The video clip has demonstrated that we cannot trust or leave the appointment and promotion of judges in the hands of the few.

I believe prior to 1988, the Chief Justice would, after the necessary police vetting, forward a name (after police vetting) to the prime minister. This process also included in the Chief Justice consulting the Bar chairman and other senior Bar members. Although this practice was done informally, at the very least, it provided an assurance that only people of good character, competence and suitability were indeed recommended.

The events of 1988 saw the end of this process. Appointment and Promotion of judges were left to basically to the Chief Justice and the Prime Minister. Never have the fate of so many been decided by so few. No doubt, only those with the right political patronage and right beliefs were considered as suitable.

The video clip will affect every aspect of our civil society. A layman who loses his case will feel that it was because the system is corrupt no matter how right the decision may have been.

An investor would think twice before investing simply because the corrupt lawyers and corrupt judges will get him no relief.

The video clip also highlights a collusion between executive and judiciary which goes against the very basic understanding of separation of powers. The third pillar or pillar of justice has always been regarded by the public and investors to be the barometer of how “healthy” a country is. This video clip only serves to fortify the demented state the judiciary is in.

I say, a strong dosage of medicine in the form of an independent commission for the appointment and promotion of judges, must be established soon.

Can the current establishment say in good conscience that the current method of appointment and promotion of judges is safe?

The fact that the video clip has now come out and for that matter represents a very real possibility that it is easy for a senior lawyer to broker promotions must mean that the current system has failed and needs to be replaced.

Failure to move towards an independent commission would only strengthen the belief that the Executive does not care if the judiciary is besieged with allegations of corruption. It also means that the Executive condones such blatant disrespect for the law and order.

As the Chinese are fond of saying “a fish rots from the head”, it signals that this country spiralling towards a breakdown of independence, accountability, transparency- all key indicators of a healthy nation.

Yesterday morning, as I sat with a group of law students from a local university, the subject of the video clip was brought up. I had to go to great lengths to assure these law students that their future in the legal profession and the justice system remains bright. Yes, even the law students are concerned at the state that we are in. If we do not change the process for the better, generations of law students will enter the profession thinking it is natural to be corrupt. Just follow by example.

An independent commission for the appointment and promotion of judges can certainly go a long way to dispel such negativity.

An independent commission for the appointment and promotion of judges will in no small way improve the current shady process in which judges are appointed and promoted.

Why should the integrity of this nation’s judiciary be placed in the hands of the Chief Justice and the Prime Minister?

The fact that the Chief Justice has, some 4 days after this expose’, only seen fit to say “no comment” when the entire foundation of his appointment starts to crumble, is indicative of the disregard and esteem he has for his role. Perhaps, it is because he does not have the conscience of a judge but rather found solace in the conscience of serving a different master.

Yes, an independent commission for the appointment and promotion of judges will hopefully remove such arrogance and bring back some objectivity. It will also inject a sense of accountability and reliability in the judiciary.

As we approach the 20 year mark post 1988 Judicial Crisis, it is time to ask – what do we want now? Do we want to just stand back and wonder in amazement as corruption destroys us or do we want to stand up see real changes take place?

In this country, whenever an issue of great public interest breaks out, the first 100 days is crucial and matters most. After that, the issues lose momentum and no longer can muster the same amount of interest.

All of us must remember that as lawyers we are duty bound “to uphold the cause of justice without regard to its own interests or that of its members, uninfluenced by fear or favour” as per section 42 of the legal Profession Act.

Our failure to do so, is not only a departure from the ideals of the legal profession, but really confirms that we are no different from the people portrayed in the video clip.

It is time that we demand that an independent commission for the appointment and promotion of judges be established so as to safeguard our judiciary in the years to come.

The current government must realise that the only way they can come out of this mess “smelling like roses” is to push for the establishment of the independent commission.

The current government must realise that an independent commission is not designed to usurp anyone’s role other than to make the appointment and promotion process of judges transparent and reliable.

By believing otherwise, the government might as well admit that they are as corrupt and sign the death of our future.

Enough is enough.

It is time to act decisively, and to tear down the wall of unaccountability, unreliability and dishonesty once and for all.

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