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The recent call by the Bar Council to re-open and re-investigate the sacking of the former Lord President, Salleh Abas, is indeed timely. We fully support this call and believe that in the present circumstances, there is an urgent need to restore the people's trust in the judiciary as justice must not only be done but seen to be done.

Although almost 18 years have passed since Salleh was unfairly removed from his post - along with two other senior judges, George Seah and Wan Sulaiman - the episode is far from forgotten. The sacking marked the turning point where the judiciary was viewed as a government tool rather than an agent of justice and truth. The trial of the former deputy prime minister, Anwar Ibrahim, had once again put the judiciary in the spotlight for the wrong reasons.

We view with seriousness the urgent and pressing need to restore confidence. Investigations must be conducted by independent royal commissions. However, investigations need not be restricted to the Salleh episode. There were other equally serious cases involving the judiciary which ought to be re-opened and investigated the Ayer Molek case, the 'poison pen' letter by Syed Ahmad Idid, the Anwar Ibrahim trials and the many controversies involving former chief justices Eusoff Chin and Hamid Omar.

The judiciary has no moment to lose. It must reform itself and restore the people's trust. The judiciary is indeed an important branch of power, entrusted to preserve justice and integrity of the nation. The integrity of the nation must be preserved at all costs, as, to quote Stephen Carter, the opposite of integrity is corruption. We call on the judiciary to acknowledge that it is not merely rule of law which needs to be upheld but also, the integrity of the law.

We also applaud the proposal of Chief Justice Ahmad Fairuz to remove the lower rung of the judiciary, comprising of magistrates, registrars and sessions court judges, from the Judicial and Legal Services as their present status as civil servants may indeed compromise their independence.

It would not seem possible for a true 'independent' decision if the deputy public prosecutor and magistrate have to answer to the same department, or if the deputy public prosecutor may one day be the judge's superior, or vice versa. Adherence to the spirit and philosophy of separation of powers is much needed in a country where the climate of fear exists with an all-powerful and dominant executive branch.

In addition, we view with seriousness the present dilemma faced by the whole syariah judiciary which is put under the Jabatan Kehakiman Syariah Malaysia, which is none other than a mere government department, which by hierarchy, is a department under the Prime Minister's Office.

To add insult to injury, the present Syariah Subordinate Court in Selangor is placed in the building of Umno, a political party. At all costs, a judiciary can never be seen to be subordinate to any executive branch, let alone be the tenant of a ruling political party's building! We urge the government to give special status and honour to the syariah court and its judiciary by not placing it under any government department nor to give any negative impression that it is under any party whatsoever. It must be a whole system on its own, on par with its civil counterpart.

Recognition ought to be given through granting the courts complete independence. This is especially necessary when the syariah court system is currently questioned and debated in light of the current controversy relating to the Article 121(1A) provision.

The golden era of the judiciary which ruled the early 80s must not be a thing of the past, only worthy of nostalgic reflection. It must be brought forth and restored, in all its splendor and glory. We yearn for a judiciary which reflects integrity, a judiciary we can trust and pin our hopes on.

The writer is chairman of Gerakan Demokrasi dan Anti-Korupsi (Gerak).


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