The appointment of judges will be one of Human Rights Commission of Malaysia's (Suhakam) main focus in making its report and recommendations to improve the people's right to speedy and fair trials, said its chairperson Abu Talib Othman today.

He said the issue which varies from increasing the number of judges to the criteria of appointment was raised by quite a number of speakers and participants attending Suhakam's forum on "The Right to an Expeditious and Fair Trial" which ended today

"To my mind, whatever the appointment procedure is, we must not forget that we are dealing with human beings. A candidate may be very learned before his appointment but he may change after he is appointed," he told reporters after the forum

"So changing the system (of appointment) may not solve the problem. What is important is the honesty of the person appointed to the bench. He must be committed at all times to defend justice."

"It is therefore important for the people involved in appointing judges to determine the honesty and commitment of the person."

However, Abu Talib stressed that this does not mean that he was of the view that the current judges are not up to the mark.

"I am not saying that the current judges are not good but like it or not, the grouses on the appointment of judges are real. Those responsible for the appointments must consider the arguments put forward."

Easy to appoint, difficult to dismiss

He said view espoused by participants revealed that appointments must be deliberated cautiously and based on merit and commitment to uphold justice.

"They must remember that while it is easy to appoint judges, it is difficult to dismiss them. We had one such incident and I hope it will not happen again because of the great impact on the reputation of our judiciary," he said referring to the dismissal of former Lord President Tun Salleh Abas in 1988.

"Don't appoint someone just because he is a senior or because he is linked with certain dignitaries. That would be unjust and unethical."

The Suhakam chief hoped that his views would not be misconstrued as "I am not accusing anyone but merely stressing the importance of the issue".

Yesterday, in one of the dialogue sessions at the forum, participants pointed out that judges' incompetency also contributes to the delay in disposing cases.

A participant said that calibre judges need to be appointed so that they would not only be equipped to handle any case but also assertive enough to handle counsel, especially those lacking in discipline.

It was also suggested that the retirement age of judges be extended so that competent and credible judges could serve longer.

Appointment of judges has been a thorny issue between the Bar and the Bench as lawyers call for more transparency in the appointment of judges, and urging the government and the chief justice to set up an independent Judicial Services Commission to deal with appointments, transfers and promotion of judges.

Satisfied with forum

The Federal Constitution states that judges are appointed by the king who acts on the advice of the prime minister. The chief justice and the Court of Appeal president are free to advise the premier who is not obliged to accept them.

On other issues, Abu Talib said that the report - containing all complaints, recommendations and views of speakers and participants - will be sent to all relevant authorities, including the judiciary once it is completed.

"We will complete the report as soon as possible," he added, refusing to give a time frame for its completion.

On the forum, Abu Talib expressed satisfaction that all key players from the judiciary, prosecution and lawyers have participated effectively.

"We are happy that the chief justice and attorney general has taken the trouble to be with us as it does make an impact to our cause. Yesterday, the AG gave a rare assurance to lawyers on access to public documents relating to criminal trials following complaints. Let's hope that he walks the talk," he said.