Today’s announcement of promotions in the Judiciary, which saw so many senior judges being passed over, has unfortunately confirmed the fears of the Bar that such an important aspect of our system of justice has been lightly treated, with indifference to transparency and objectivity, and in the absence of consultation with the Bar. There has been no credible explanation for the en masse bypass of senior judges, and none is apparent. This process, or lack of proper process, has been carried out despite the clarion call by the Bar Council as exemplified in the Bar Council’s press statement dated 5th July 2003.
The Bar Council has taken great pains to explain that, when senior judges are bypassed en bloc in favour of junior ones, the question that immediately presents itself is not so much the suitability of the latter, but rather on what acceptable criteria have the former been considered unsuitable and therefore not been chosen (as would otherwise have been in the ordinary course of things). This issue is of legitimate concern to the Bar and the public, especially when passing-over appears to have become the rule rather than the exception.
The lack of full and credible explanation allows negative speculations to flourish. This is neither fair to the bypassed judges, nor to the promoted ones.
Today’s event has exposed the alarming breakdown of a much needed mechanism for the determination of fair and proper judicial promotions in this country. It leaves many questions unanswered, and sinks the system into poorer health.
Optimism towards an improving system has today been forsaken. However, the Bar will not lose hope, and will persevere in protecting and defending the institution of the judiciary. It is important that the Malaysian public should become better acquainted with these vital issues relating to our system of justice. The role of informed public opinion is crucial in any democratic society.
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International Malaysia Law Conference (26 to 28 Sept 2012) Hurry up! The countdown continues and the current promotion rate ends 30 June 2012. Don't miss what is going to be the best conference in the region! On top of that, if you sign up with 5 or more people from the same organisation, we will give you a 10% group discount. Click on the link above to register.
Talk on Summary Judgement (25 May 2012) Organised by the Selangor Bar Committee, this talk will take place at 5:00 pm, at the Selangor Bar Committee Auditorium, on 25 May 2012 (Friday). The talk will be conducted by Ramesh Supramanian. Click on the link above for more details.
Seminar on Tax Issues in Financial Transactions (25 May 2012) Organised by the Kuala Lumpur Bar Professional Development Committee, this seminar, featuring S Saravana Kumar, will take place at 3:00 pm, at the Kuala Lumpur Bar Auditorium, on 25 May 2012 (Friday). Click on the link above for more details.
Dialogue with Criminal Law Practitioners (26 May 2012) Organised by Bar Council, this dialogue will take place at 10:00 am to 12:00 pm, at the Raja Aziz Addruse Auditorium, Bar Council, on 26 May 2012 (Saturday). Click on the link above for more details.
Conference on Competition Law (31 May 2012) Organised by Bar Council with the support of LexisNexis, this conference will take place at 8:30 am to 4:00 pm, at Renaissance Kuala Lumpur Hotel, on 31 May 2012 (Thursday). For more details or to register, please contact Vilashini Vijayan (03-2050 2095; vila@malaysianbar.org.my). Click on the link above for more details.
Talk on What Clients Want (7 June 2012) Organised by the KL Bar Practitioners' Affairs Committee, the talk, presented by Ong Eu Jin, will take place at 5:00 pm, at the KL Bar Auditorium, on 7 June 2012 (Thursday). Click on the link above for more details.
4th LAWASIA Family Law Conference, Penang (13 and 14 July 2012) Supported by Penang Bar Committee and the Malaysian Bar, this conference, themed “The New Global Family: Emerging Trends and Challenges to Family Practice”, will take place at Traders Hotel, Penang, on 13 and 14 July 2012 (Friday and Saturday). Click on the link above for more details.
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Circular No 110/2012: Seminar on Introduction to ICC Arbitration: An Insight into the 2012 ICC Rules
