Federal Court judge Abdul Malik Ahmad is the best candidate to continue the present Chief Justice Dzaiddin Abdullah's effort to restore the judiciary's image, says former Court of Appeal judge Shaik Daud Mohd Ismail.

While hoping for Dzaiddin's contract, scheduled to expire in September this year, to be extended, in the event that it is not, Shaik Daud said he would like to see Malik ( photo ) appointed as chief justice.

"I hope and pray Malik will get it for the sake of the judiciary. He has good temperament. I have never seen him scold lawyers or shout at people. He is always courteous. Such temperament is needed for a judge and as the chief justice, you would need that extra patience to do a good job," he told malaysiakini in an exclusive interview at his residence in Bukit Damansara recently.

He also commended Dzaiddin for his noble efforts in enhancing public confidence in the judiciary but felt that the man should be given more time to implement his policies and directions which were made since his appointment less than two years ago.

"This (restoring the judiciary's image) is not a short-term effort as the damage is bad. The good image of the judiciary was built up about 100 years but it only took several years to be completely destroyed. It will take a generation to repair the damage," he said.

He added that the present system which compels judges (including Dzaiddin) to retire at the age of 65 should be reviewed as the holder of the No 1 judiciary post should have at least a four-year term to ensure the effectiveness of his policies.

He also feels that the appointment of judges should be more transparent to ensure continuing public confidence in the judiciary.

Others more suitable

When referred to the statement by senior lawyer Raja Aziz Addruse who questioned the appointment of Ahmad Fairuz Sheikh Abdul Halim as the Chief Judge of Malaya, Shaik Daud said the lawyer had cogent reason to question the appointment.

He said there was no doubt that Malik and another Federal Court judge, Siti Norma Yaakob, are far more suitable for the post as they are not only more senior but also have more experience, competence and quality compared with Ahmad Fairuz.

"I want to make it clear that I don't have anything against Ahmad Fairuz but these two judges (Malik and Siti Norma) are much more deserving of and capable for the job," he said.

When asked about the appointment of former Attorney-General Mohtar Abdullah as a Federal Court judge, Shaik Daud said that the appointment had caused dissatisfaction among certain judges.

He said Mohtar should not have been appointed as there was a conflict of interest considering that he was the prosecution head before.

"I feel that it was a reward. If they want to reward him, it should be somewhere else, not [in] the judiciary," he said.

Avoid 'questionable' appointments

He said the present system on the appointment of judges should be improved or changed to avoid 'questionable' appointments as what happened when Ahmad Fairuz was appointed.

"I have mentioned this when I was called to M-Ten (National Economic Action Council or Majlis Tindakan Ekonomi Negara) to talk on the judiciary. I told them the appointment of judges is based on recommendation by the chief justice then it goes to the prime minister and then to the Yang Di-Pertuan Agong (King).

"In the past, it had worked wonderfully because everybody worked without emotion and political thinking. Unfortunately the system doesn't seem to work anymore and some appointments are questionable. So it's high time the method is changed," he said.

He said the present system should be replaced with a commission comprising of the chief justice, chief judges of Malaya and, Sabah and Sarawak, ex-judges, Bar Council representatives and non-political representatives from the main Malay, Chinese and Indian communities.

If such a commission is established to handle and decide the appointment of judges, the public will have an avenue to raise their objections against candidates suspected to be involved in corruption or misconduct.

"In the present system, we don't even know who is appointed until we read the papers the next day. So there is no chance to object when a particular candidate is unsuitable for certain reasons like corruption and misconduct," he said.

Craving for transparency

He said that the public craves such transparency in the judiciary as they are now more aware of legal issues, rights and liberties, which he stressed is a good development for the country.

"It's a very good development because it helps to develop the law, judiciary and helps stop abuses. Before this you seldom hear reports on abuses from certain quarters but now they will not keep quiet and will voice out against the abuses," he said.

This will in turn improve the country as the people will be guided to choose fair and just leaders to govern the country.

"The rakyat [people] will not want an abusive leader. The rakyat can only be pushed to a certain extent and when they are pushed to the wall, they will fight back. That is why there are demonstrations. They would not have demonstrated if they were not pushed," he said.

This is the second of a three-part series of interviews with former Court of Appeal judge Shaik Daud Mohd Ismail. Malaysiakini subscribers can read the full question-and-answer in "Dubious appointments tainted judiciary's image: ex-judge" in the opinions/features section. More tomorrow.