The Bar Council's view over judicial appointments will not be taken into consideration because it will lead to abuse, according to de facto law minister Mohd Nazri Abdul Aziz today.

"If their views are being taken into consideration, it will be open to abuse. The judges will feel they are restricted and not free to make a decision," he said in reply to Wong Nai Chee (BN-Kota Melaka) at the Dewan Rakyat today.

"This is because the judge knows the (lawyer) before him actually may have an influence in ascertain whether he will be promoted or not, so this is open to abuse," Nazri argued.

Drawing an analogy, he said: "Like now we talking about the World Cup. The football players also have no say to decide who will be their referees. It is the same case."

Wong, a lawyer-politician, has asked in his supplementary question whether the Bar Council - which represents some 12,000 lawyers - would be asked its views on judicial appointments.

He also asked why there were cases of junior judges leapfrogging over their senior colleagues in promotion.

To this, Nazri said the appointment and promotion of judges were based on merit and not seniority and that any decision in relation to this cannot please all parties.

"There is always two sides of the coin. Like today, the cabinet has made certain decisions but still there is person who is unhappy and questions it," the minister added.

'Sandiwara' exchange

In his original question, Wong had asked whether was there any plan for more transparent and accountable appointments of judges to the High Court, Court of Appeal and the Federal Court.

Responding to this, Nazri said the present system as stipulated in the Federal Constitution would continue and judicial appointments were in line with international standards. The Bar Council, however, has consistently called for the establishment of a judicial commission to oversee judicial appointments and promotions.

In another supplementary question, senior lawyer Karpal Singh (DAP-Bukit Gelugor) crossed swords with Nazri over why the judges in ex-deputy premier Anwar Ibrahim's trial were promoted.

"The (international standards) mentioned by this 'hatchet man' just now, are they exercised in reality? For instance, the judges in Anwar's trial were all promoted. Is that transparent? (They were promoted) although they don't have a 'high standard'. Can I get a sincere answer from this hatchet man?" asked Karpal.

Dr Mahathir Mohamad has branded Nazri as the 'hatchet man' after the two were at loggerheads following Mahathir's scathing criticisms against the government.

Nazri replied the government would not interfere in judicial appointments as he respected the spirit of the separation of powers.

Meanwhile, Opposition Leader Lim Kit Siang (DAP-Ipoh Timor) and Works Minister S Samy Vellu earlier labelled each other a 'sandiwara' (charade) during the question-and-answer session.

It began when Lim asked for an extra supplementary question but was rejected. At this juncture, Samy, who was called to answer the next question, teased Lim with: "This is all the DAP's 'sandiwara'".

Rebutting, Lim said: "Sandiwara MIC more terrible."

Samy retorted: "DAP is the silent 'sandiwara', at least MIC's 'sandiwara' is an open one."