38. Judges on Judiciary
Excerpts from an interview with three retired eminent judges, Datuk Shaik Daud Ismail, Datuk K.C. Vohrah and Datuk V.C. George. This interview is in an article by Shaila Koshy " Weighing the State of the Judiciary " in today's Sunday Star (30th September,2007). Read full interview here.
Are you in favour of a Judicial Commission?
George: I hope there will be an independent Judicial Commission to ensure an independent, incorruptible, and competent judiciary. I cannot stress more strongly the need to investigate and assess a person before they are appointed. Merit is not an issue in deciding promotions if the person was of good quality, character and morality at selection.
Vohrah: Definitely. After Suhakam's forum on the right to an expeditious and fair trial in 2005, we called for a commission in our report, saying the competency of judges had a bearing on the efficiency of the judicial system. I want to add that there have been some good people in the AG's Chambers who should have been made judges but they were not appointed.
Shaik Daud: A Judicial Commission would be a good start (to restoring public confidence in the judiciary). It can enforce the code.
A panel of inquiry is investigating the video clip but do you think there is a need for a royal commission of inquiry to examine the affairs of the judiciary in light of all the complaints that have arisen since 1988?
George: The panel is only looking at one issue. I think the Bar is on the right track in calling for a royal commission to look into all aspects of the judiciary.
Vohrah: Yes. A royal commission could explore all aspects of the ills besetting the judiciary. The problems are far-reaching and something has to be done fairly quickly before the judiciary slides further down the track.
What do you say to de facto Law Minister Datuk Seri Nazri Aziz who insisted that everything was all right with the judiciary?
Vohrah: I think he's probably not aware of what is happening on the ground. In many commercial contracts, parties are including an arbitration clause to resolve disputes instead of the courts. That is a terrible blow to the judiciary because apart from a handful, the rest are good judges. In some states, there may be three or four judges but you will find that only one or two are doing all the work and carrying the whole burden.
Vohrah: ‘Judges should not be cowed by superior judges if their directions are not consonant with the principles of justice
Shaik Daud: ‘We have many cases where seniors and seniors with merit are not promoted but juniors without merit are’
George: ‘If you appoint the right people, You don’t need some code to tell them how to behave’
