There is no reason for the judiciary to consider dismantling the current common law justice system, said the Bar Council today.

In a statement, council chairperson Kuthubul Zaman Bukhari said it was "wholly unnecessary" to change a system that has been tried and tested in and outside Malaysia for hundreds of years.

"The common law system had no problem adapting to modern times as it has proven over the years and its very strength lies in the flexibility and ability to adapt.

"It should also not be forgotten that the most basic tenet of the common law system is that justice is done," he added.

Kuthubul was responding to the news report quoting Chief Justice Ahmad Fairuz Sheikh Abdul Halim who revealed that the judiciary is studying inquisitorial, Islamic, Socialist and Communist laws to come up with a better system of administering justice.

He said the study was aimed at formulating a system where the truth prevailed and not where the side with a more persuasive legal mind triumphed.

The move was mooted following several decisions in recent high profile cases.

Appointment of judges

Meanwhile, Kuthubul said the council's concern regarding the issue does not mean that it opposes any move to improve the current system.

He added that the council submitted several memorandums to the relevant parties on ways to improve the system.

"However, it sees as a first step in this process, a proper system for the appointment of judges that ensures that judges who possess the best skills are appointed to the Bench.

"It is not the common law system that needs changing, for whatever system in place, it is the people that administer it and who dispense justice who make it work.

"If it works as it should, without interference from any quarter and if the judiciary acts without fear and favour, then truth and justice will prevail," he said.

Kuthubul also commented on the statement made by Pahang Mentri Besar Adnan Yaakob who reportedly said "rapists and murderers may go free if the law thrive on technicalities".

Adnan also reportedly urged judges to be more sensitive to the interests of the nation as their judgments could affect the country's political and social stability.

Describing these statements as 'unhealthy', Kuthubul said the menteri besar seemed to suggest that the law and judiciary exist to serve a political agenda.

"The Bar Council must caution against a mind-set which runs counter to all assurances that there will be no political interference in the independence of judiciary.

"It must be realised that the independence of institutions like the judiciary is not a sign of weakness of the government but a sign of its strength," he added.

He said the chief justice has no reason to worry about 'high profile cases' as it had enhanced the judiciary's image locally and internationally.

"Rather than changing and criticising this justice system that is once again demonstrating such independence, we should be building it on and seeking to improve it," he added.