Chief Justice Arifin Zakaria today reminded judges to fulfil their oath to protect Malaysia and uphold the Federal Constitution.

He also suggested that a copy of the oath they have taken be placed permanently on their working tables.

This, Justice Arifin said, would always remind judges of their responsibilities and to uphold the independence of the judiciary.

"To remember the pledge and oath made, I suggest you place a copy of it on your table.

“This is to remind you of the responsibility and promise we made in holding the post," Justice Arifin said in his speech following the appointment of five new judicial commissioners.

He also shared the seven principles that Philippines Chief Justice Ma Lourdes PA Soreno, had adopted, which are:

  • I will never put myself in a situation where I cannot judge rightly;

 

  • I have to deliberately live a modest life;

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  • I must work in a way that my mind and soul can be seen in my work;

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  • I will be truthful and will build a reputation for being truthful;

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  • If it no longer hurts me to see injustice being done, then I do not deserve to stay in the judiciary. If it does hurt, then I am keeping my oath;

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  • My family must always commit themselves to keeping my reputation and my integrity intact; and

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  • I know that to follow the six rules is impossible... but because I know God enables and because He is who He is, nothing is impossible.
    • 'Uplift judicial independence'

    Justice Arifin further reminded the new judges to uplift the independence of the judiciary.

    He said the Universal Declaration of Human Rights states that everyone is entitled to full equality to a fair public hearing by an independent and impartial tribunal.

    “The UDHR guarantee shows the independence of the judiciary is important to ensure that no individuals are above and beyond the powers of the law, or are persecuted by the law,” he said.

    The top most judicial officer in the country also said independence of the judiciary is recognised and affirmed by the Biennial Conferences of Chief Justices of Asia and the Pacific.

    At its meeting in 1995, the Chief Justices signed an agreement which stipulates the judiciary shall decide matters before it in accordance with an impartial assessment of the fact and understanding of the law, without improper influences - direct or indirect - from any source.

    “Furthermore, the judiciary has jurisdiction, directly or by way of review, over all issues of a justiciable nature,” he said, adding the independence of the judiciary is not only important for judges but also the people

    ‘Speedy disposal, but accused’s right not denied’

    In his speech, Justice Arifin also assured the court’s quick disposal of street crime cases is not done at the expense of the accused’s right to a lawyer.

    “Statistics show that 80 percent of the accused have pleaded guilty in the magistrates and sessions court.

    “For cases where the accused has pleaded guilty, the disposal of the case is done within not more than three days from it being registered,” he said.

    Police statistics last year had shown 19,299 reported cases of street crimes.

    Street crimes, he added, are defined as snatch theft, theft without the use of weapon, and gang robbery.

    “And for street crimes that are placed on trial, a two-week period is given after they are charged for them to go for hearing,” he said.

    “Despite the quick disposal of these cases, the court assures that it would not deny the rights of the accused to a lawyer, as stipulated under the Federal Constitution.

    “The appointed lawyer must be prepared to handle and attend the trial or the accused could get support from the National Legal Aid Foundation,” added Arifin.

    The five who are appointed judicial commissioners are former Sessions Court judge and DPP Ahmad Bache, the Chief Justice's special assistant Alwi Abdul Wahab, former lawyers Mohd Firuz Jaffril and Mohd Nazlan Mohd Ghazali, and former Sessions Court judge Gabriel Gubis Humen.

    They took their oath before the Chief Justice and gave their appointment letters and oath to the Chief Judge of Malaya Zulkefli Ahmad Makinuddin, and the Chief Judge of Sabah and Sarawak Richard Malanjum.

    Also present was Justice Arifin's number two - Court of Appeal president Justice Md Raus Sharif.