The appointment of Mohamed Dzaiddin Abdullah as Chief Justice was welcomed by the Bar Council, politicians and ordinary people in the hope that serious efforts would be taken to reform the judiciary which, in the last few years, had come under severe criticism, both locally and internationally, for its subservience to the prime minister.

Public expectations of judicial reform that would lead to an independent judiciary, free from executive domination, were further heightened when the new Chief Justice promised to take steps to improve the professionalism of the judges and told them to be "ethical and honest".

These expectations have been shattered by the recent appointment of the former Attorney-General Mohtar Abdullah as a judge of the Federal Court.

What is Mahathir's agenda in appointing Mohtar as a Federal Court judge? Mahathir must have known that our judiciary has lost all credibility as an independent institution in the eyes of not only our people but also the international business community. As the new Chief Justice told the judges and the judicial commissioners at his first official meeting with them: "It is an unpalatable fact that for the past few years, public confidence in the judiciary has eroded ... multinational corporations and foreign investors are reluctant to invest because they perceive there is no level playing field in the courts."

Mahathir's dilemma was how to restore public confidence in the judiciary without abandoning executive control over it. He has now come up with a brilliant Machiavellian solution: Appoint Dzaiddin, who has support from the royalty and some Umno leaders, as Chief Justice to improve the image of the judiciary and restore public confidence in it, but ensure that Dzaiddin would be succeeded by one who is Mahathir's loyal servant. Mohtar's appointment to the Federal Court is the first step in Mahathir's grand design to restore public confidence in the judiciary while preserving executive domination over it.

Dzaiddin will remain as Chief Justice for only two years. During this short period he will not be able to bring about any major changes in the judiciary to make it an independent institution because he does not have the power to do so. That power is in Mahathir's hands; Mohtar's appointment proves it.

But will Mahathir's Machiavellian design succeed in its objective or will it meet the same fate as his orchestrated plot to destroy Anwar Ibrahim politically by accusing him of committing sodomy and other offences?

Mohtar's role in Mahathir's conspiracy to destroy Anwar politically has come under severe criticism from the public and human rights organisations throughout the world. In their report "Justice in Jeopardy: Malaysia 2000", the mission sent by the International Bar Association and three other organisations observed that: "there is legitimate concern on the Judge's decision to allow the Attorney-General to take over the leadership of the prosecution team well after the case had started, notwithstanding the fact that he was deeply implicated, both personally and by reason of his position in the government, by the defence's allegations of political conspiracy and police conspiracy ..."

In view of such public perception, Mohtar's appointment would serve only to further erode public confidence in the judiciary.

The reform of the judiciary to make it independent from Executive influence cannot be achieved merely by changing the Chief Justice. There must be institutional changes to reduce the role of the Executive in the appointment, promotion and removal of judges. The role of the prime minister in the appointment should be eliminated. An independent judicial commission should be created to deal with judicial appointments and other related matters.