Friday, December 07, 2007

Another setback for the judiciary

Zaki's appointment: No saving grace for the judiciary

Tan Sri Zaki Azmi's appointment as Court of Appeal president was no surprise. It was predictable from the time he was catapulted into the Federal Court, making him the most junior Federal Court judge. Elevating the most junior Federal Court judge to the post of president of the Court of Appeal is unprecedented in our judicial history. But that did not seem to bother the Prime Minister. Neither was he perturbed by the negative comments following Zaki’s appointment to the Federal Court.

Aliran is indeed shocked that a person who is so junior in rank with nothing outstanding about him should now outrank all the senior, serving judges, some of whom are most most deserving of this exalted position. It is very disturbing that Zaki is set to become the next Chief Justice of Malaysia within a year.

Is the PM telling the entire nation that there are no other judges in terms of seniority, experience, diligence and integrity on the Bench for consideration for this top post? It would be laughable if some one were to answer “Yes” to this question.

The battered image of the judiciary will not be improved by this shocking appointment that goes against the grain of public opinion. It is a pity that good sense failed to prevail.When the judiciary is down in the depths of public opinion, it is a terrible mistake to parachute someone who was so closely associated with Umno to succeed to the top position.

This appointment apparently smacks of political intervention to safeguard the interests of the executive rather than to protect the integrity of the judiciary. It is no wonder that many eye-brows were raised when the announcement was made public.It has without a doubt embarrassed some of the most senior and capable judges who have been by-passed so unceremoniously.

These judges are known for their impeccable character and integrity with a track record that speaks volumes for their diligence and commitment to the judiciary. They must must surely be feeling shattered and who can blame them. This is something that will further cast doubles on the independence of the judiciary at a time when it is already in the doldrums following the scandalous expose of the Lingam tape.

The ordinary person in the street must inevitably conclude that there is no saving grace for the judiciary.

P Ramakrishnan
President,Aliran
7 November 2007

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