The Malaysian Bar extraordinary general meeting (EGM) on Saturday is a legitimate avenue for lawyers to discuss the need for a more transparent and accountable system of judicial appointments and promotions, said its president Kuthubul Zaman Bukhari.

In dismissing the view that the EGM will be "a waste of time", Kuthubul said the Bar's decision is justified because all diplomatic efforts to cajole the judiciary and the government into improving the system have not been fruitful.

"There is nothing wrong with diplomacy. But it's not like we have not tried that before. We submitted a memorandum to the judiciary and the government in October 2002 (urging the authorities to set up an independent Judicial Services Commission to oversee judicial appointment), but nothing happened," he said at a press conference this afternoon.

"We were made to understand that there was no need for change because things have worked well. But the recent promotion exercise (in July 2003) showed that things are not working as well as they think. So, I think there is nothing wrong with our discussing this at the EGM."

Rational discussion

He said this when asked to comment on the critical opinion piece by senior lawyer Zaid Ibrahim in the New Sunday Times last week. In it, he expressed displeasure over the decision to hold the EGM, which is to be held in Kuala Lumpur.

Kuthubul remarked there was no need for Zaid or anyone else to worry about fiery speeches against the judiciary, stating that he has confidence that the Bar members are mature enough to discuss the issue in a rational and professional manner.

"Zaid ( photo ) has sued the Kelantan government (over enactment of hudud laws)...well, one could also argue that he could have resolved the issue through diplomacy. Of course we are not saying that he is wrong. He is entitled to file the suit . Likewise, we are also entitled to hold the EGM."

However, the Bar hoped that Zaid would attend the EGM to share his opinions with other lawyers.

Statement 'unclear'

Last month, Kuthubul called for the EGM after his colleagues in the council felt that the issue was serious enough to be discussed further by all members of the Bar

Chief Justice Ahmad Fairuz Sheikh had defended the promotion of junior judges - especially Panjan Singh Gill, Arifin Jaka and Augustine Paul - stating that their elevation was not based on seniority alone but on ability, integrity and experience as well.

Commenting on this explanation, Kuthubul said the Chief Justice's statement on the appointments was not sufficient to clear the lawyers' nagging doubts about the system.

"His answer was not very clear. It did not explain anything. He said that he did not want to emphasise seniority in promotions because he did not want deadwood as judges. Is he implying that those sidelined (in the exercise) are deadwood? I don't know. You have to ask him that."

However, Kuthubul was confident that the meeting will not result in the Bar's relationship with the Bench being severed, since Ahmad Fairuz has expressed willingness to accept any resolution passed.

"I have mentioned the EGM to the Chief Justice and he said that, once a resolution is passed, I am most welcome to submit it to him and that he will discuss it with the Prime Minister."

Fundamental issues

Kuthubul also dismissed the view that the meeting would be in contempt, explaining that it would not touch the conduct of judges but only on fundamental issues involving judicial appointments and promotions.

He said the decision to hold the EGM also does not mean that the Bar has no confidence in the eight judges promoted in July.

"That is not the question. The main question is why senior judges were not considered and what criteria led o the promotion of the eight judges," he said.

"The correct approach to deal with the issue is to find a way that is transparent and which takes the view of consumers of the judicial system, through lawyers. The criteria should be set in an open and structured way. Until we have such system in place, seniority should remain an important factor for promotion to avoid favouritism and cronyism."

As to whether the EGM will be able to meet the quorum of 2,222 members (out of 11,500), Kuthubul admitted that it was going to be a tough feat.

"It is a very high quota for us. But the Bar Council has sought the help of several state bar committees to encourage and remind the members to attend the EGM. We have also sent letters to remind them of the meeting," he said.

He hoped lawyers will make an extra effort to attend the meeting as it concerns issues relating to Malaysia's system of justice.

"Currently, there is no independence as such because it is the executive which is the appointing authority to a certain extent The Malaysian Bar has always maintained that it should be consulted as stakeholders and consumers," he added.