Anuar Zainal Abidin, former chief judge of Malaya and former Suhakam commissioner, talks to malaysiakini about our right to discuss the conduct of judges, judicial appointments and his 'tearful' experience during his 30-year judicial service in this second of a three-part series.

Malaysiakini: There have been complaints on the lack of transparency in the appointment and promotion of judges. Recently, the Bar Council suggested a commission for judicial appointments to be set up. What do you think?

Anuar: I agree. But, you know, I like the old system. It's more informal but very effective. I'm talking about the time of (former Lord President) Suffian (Hashim). When I was appointed, it was only a matter of a phone call but I knew very well that before the phone call was made, he (Suffian) had already done investigations. That was his style. He would called someone from the Bar and one or two judges. They would have had coffee and informally he would ask them what do you think of this chap ... is he a suitable person to be a judge? That would be the opening.

But those days was much easier because whoever was suggested by Suffian was accepted by the government. The prime minister (Hussein Onn) was then a lawyer and he knew what it was all about. So he (Suffian) did not face any difficulties. How could he have faced difficulties when he was very careful. He knew what he was talking about and would not have picked a name unless he was sure that the candidate was suitable for a position in an office of high ranking.

Should we revert to the old system then?

No, because the old system won't work (now) due the expansion factor. You are not just appointing two, but 10 or 20 judges.

As for the proposed commission, I think we must be careful to ensure that members of that commission to be among those who are in the position to know candidates for judicial appointment. For that, you will require retired judges and senior lawyers.

Certainly politicians should not be in there because they tend to have political bias. I also would not want to see the executive (government) to be members. If the executive becomes a part of the commission, this would negate the very idea of an independent judiciary. So the most suitable would be former judges, or senior lawyers and chief justices.