In a surprise move, a Barisan Nasional parliamentarian stood up in the Dewan Rakyat today to express his concern over the controversial judicial promotions in which a number of senior judges were overlooked recently.

Chang See Ten (BN-Gelang Patah) touched on the thorny issue this morning while debating the 2004 Budget presented by Prime Minister Dr Mahathir Mohamad, who is also finance minister, on Sept 12.

Chang said the premier has unveiled a number of new initiatives in his budget speech to turn Malaysia into a "global player" in the international arena.

"(However,) if Malaysia really intends to be a global player and be respected by others, the appointments and promotions of judges should be done as transparent as possible.

"As I was informed, the Bar Council will call for an extraordinary general meeting (EGM) in early October to discuss this issue. I hope the government will give due concern to this," he said.

Investors' main concerns

The EGM of the 10,000-strong Bar, which is scheduled for next Saturday, will discuss the July 24 appointment of a number of junior judges - especially the three who had heard cases involving the former deputy prime minister Anwar Ibrahim - to the Court of Appeal and the Federal Court.

Chief Justice Ahmad Fairuz Sheikh had defended the controversial promotion of the trio - justices 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.

Chang warned the Parliament that foreign investors' main concern is no more so much the country's political stability but also the independence of the judiciary.

"In short, we need appropriate laws to create an attractive investment climate. We also need professional, clean, effective and trustworthy law enforcement."

The MCA MP from the ruling Barisan Nasional coalition further argued that the country needs judges who can "freely and justly" interpret and explain the law.

He opined that the "best" method to regain the confidence of foreign investors is to ensure the country's administration system - the drafting of legislation, the process of law enforcement and the appointment of judges - are done in a transparent manner.

Make AG accountable

He also criticised the current system where lawyers are punished for contempt of court without any good reasons as "unsatisfactory".

Citing an example, he said the Indian government provides clear guidelines on the matter while Malaysia allows its judges to slap the contempt of court order at their whims and fancy.

"We need to ensure lawyers could present the facts in court without fear or worry... If we are for the independence of the judiciary, we need lawyers who have the courage to defend their clients in accordance to the laws."

As such, Chang said the government should outline clear guidelines on contempt so as to allow lawyers to "speak for the justice" without fear.

The BN parliamentarian from Johor also backed the statement made by de facto Law Minister Dr Rais Yatim who had recently said that the power of the attorney-general under Article 145 of the Federal Constitution should be limited.

Under the current situation, the attorney-general - the country's highest legal officer - is empowered to initiate and drop criminal charges without having to account for his actions to the public.

Chang described this as "unreasonable" since the prime minister and his cabinet, despite having the mandate from the people to run the country, must nevertheless still be accountable to the Parliament.

Wrongful arrests

On another matter, Chang lambasted the police for their lack of professionalism in carrying out their duties.

He cited a recent case in Johor where two couples were wrongfully arrested for alleged involvement in a gaming syndicate.

Despite this, the police later told a press conference that the arrests were made after carrying out lengthy surveillance on the couples.

During the arrest, the personal computers and fax machines belonging to the couples were confiscated.

However, they were released after the Magistrates' Court ruled that the arrests were wrongfully made.

Chang urged the police to exercise their power "reasonably" and with professionalism.

"Don't abuse your power until it affects the public and create trouble to those who have not committed any crime," he stressed.