The appointment of Justice Abdul Malek Ahmad as Court of Appeal president would be a positive sign for the Malaysian judiciary, said the Bar Council today.

"The Bar Council welcomes the news if it is confirmed and it is a sign of positive change which we hope will be supported by all future appointments and promotions," vice-chairperson Yeo Yang Poh (photo right) told malaysiakini .

The News Straits Times today reported that Abdul Malek was likely to be made president of the second highest judicial body in the land. However, his promotion has yet to be confirmed.

Yeo, who is also vice-president of the 11,000-strong Malaysian Bar, added that Abdul Malek would be an excellent choice.

"Justice Malek in his many years on the bench demonstrated excellent judicial qualities and temperament. He enjoys a good reputation, standing and respect from the Bar.

"In terms of seniority he is well qualified and all this criteria are those which the Bar Council has consistently advocated as relevant to the appointment and promotion of judges," he added.

'It remains for him to draw on these qualities in introducing the necessary changes and improvements to the system in a way that will restore public confidence in the judiciary," said Yeo.

Abdul Malek is currently sitting as a Federal Court judge and previously served as a high court judge from 1991 to 1995. He was appointed to the Court of Appeal in 1996 and in 1999 he was elevated to the position of a Federal Court judge.

Abdul Malek was also an a panel of Federal Court judges who ruled that the detention of five Keadilan activists under the Internal Security Act was unlawful .

Contentious issue

The promotion and appointment of judges has been an issue of contention between the Bench and the Bar when senior lawyer Raja Aziz Addrusse wrote an article in 2001 on how certain senior judges were overlooked for the post of Chief Justice.

The current Chief Justice is Ahmad Fairuz Sheikh Abdul Halim.

The issue erupted again last July when the Bar Council made its displeasure known on the elevation of three judges instrumental in former deputy prime minister Anwar Ibrahim's corruption and sodomy trials and appeals.

When contacted, Abdul Malek declined to comment on his speculated promotion. However, sources close to the senior judge revealed that he was surprised to learn of the matter.