Makchili

The government is proposing the establishment of a Judicial Appointment Commission to identify and recommend candidates for the judiciary to the Prime Minister, Datuk Seri Abdullah Ahmad Badawi announced Thursday night.
He said the Commission would help to evaluate and vet candidates in a systematic and credible manner for the Prime Minister, based on a clearly defined criteria.
However, the constitutional prerogative of the Prime Minister to put foward names to the Yang di-Pertuan Agong would remain, he said.

Abdullah said the government had proposed a change to make the process of nominating, appointing and promoting judges more transparent and representative.

"The process to bring about this change will begin now and I assure all of you here, that consultation on the workings and the structure of the Commission will involve primary stakeholders.

"All will have a chance to provide their input to the government," he said in his keynote address entitled "Delivering Justice, Renewing Trust" at the Malaysian Bar Council Dinner, here.
The dinner was attended by, among others, the Bar Council President, Ambiga Sreenevasan; former Lord President Tun Salleh Abas and family members of the Supreme Court Judges, who were sacked in the 1988 judicial crisis -- Tan Sri Azmi Kamaruddin, Tan Sri Eusoffe Abdoolcader, Tan Sri Wan Hamzah Mohamed Salleh, Tan Sri Wan Suleiman Pawanteh and Datuk George Seah.

Eusoffe and Wan Suleiman who had passed away were represented by their family members.

In addition Abdullah said the government would initiate a review of the judiciary's terms of service and remuneration.

"There is a pressing need to set salaries and compensation to the right levels to ensure that the bench can attract and retain the very best of the nations' talents," he added.

Abdullah said this and the other measures which would be announced in due course, would form a comprehensive package of reform to strenghten the capacity and credibility of the judiciary.

Abdullah in his speech also indicated that the government recognised the contributions of the six judges who had been sacked during the 1988 judicial crisis, namely Azmi, Eusoffe, Wan Hamzah, Wan Suleiman and Seah.

All the judges were suspended after they faced a tribunal on the ground of judicial misconduct. Eusoffe and Wan Suleiman has since died.

Abdullah said to compensate these judges, the government had decided to make goodwill ex-gratia payment to them.

"Gentlemen, I do not presume to equate your contributions, pain and loss with mere currency, but I hope you could accept this as a heartfelt and sincere gesture to mend what has been," he said.

Abdullah said for many, the events of 1988 were an upheaval of the nation's judicial system as many disputed both the legality and morality of the related proceedings.

"For me, personally, I feel it was a time of crisis from which the nation never fully recovered. Again, ladies and gentlemen, let us move on. I do not think it is wise or helpful to re-visit past decisions as it would only serve to prolong the sense of crisis -- something our nation can do without. The Rakyat wants movement and progress, not continuing strife.

"Therefore, the government would like to recognise the contributions of these six judges to the nation, their commitment towards upholding justice and to acknowledge the pain and loss they have endured," he said.

"For Tan Sri Eusoffe and Tan Sri Wan Suleiman and their families, I know this sentiment is made too late. For Tun Salleh Abas, Tan Sri Azmi Kamaruddin, Tan Sri Wan Hamzah and Datuk George Seah, although this acknowledgement is 20 years too late, it is made with much hope that a measure of the pain and loss may yet be healed," he said, receiving applause from the floor.

Acknowledging that there was still much to do to renew the public trust in the nation's judiciary and to ensure that justice was consistantly delivered, the Prime Minister said what he had announced was a begining of a longer process towards reform.

"I humbly seek your support for these measures because the need for reform may not be entirely clear to all.

"The government has set the ball rolling. We have put foward initial, but vital, steps. Now it is for all parties concerned -- the judiciary, the Bar, civil society and the public at large -- to also play their respective roles in facilitating these reforms," he said.

Abdullah said it was his sincere hope that "we may begin a new chapter for the Malaysian judiciary".

"It is my hope that this becomes part of a bigger process to further strenghten our democratic institutions, step-by-step resolving intractable problems that have stood in the way of genuine nation-building. Let us write this proud and new chapter together," he said.

Posted by zulkipli at 5:41 PM