The Bar Council expressed support for the suggestion by retired Court of Appeal judge KC Vohrah to establish a judicial commission to oversee the appointment and promotion of judges.

In a statement today, its president Yeo Yang Poh said an independent commission will certainly be a vast improvement over the present process that minimises objectivity and consultation.

He said the council agreed with lawyer Karpal Singh who said yesterday that it is the general opinion of retired judges and the legal fraternity that there is a need to set up the commission.

"Dismissing outright the strong and reasoned views of these bodies of experience will be disregarding the accumulated wealth of knowledge and wisdom of our justice system of the past five decades," said Yeo.

In an interview with New Straits Times on Jan 28, Vohrah renewed the decade-long call for the establishment of the commission as the appointment and promotion of judges is deemed to lack transparency.

Minister in the Prime Minister's Department Mohd Nazri Abdul Aziz shot down the idea on the grounds that there is 'nothing wrong' with the 50-year-old system.

Transparency and accountability

"If the present system works so well, then why is it that for years there has been so much disquiet about the judiciary among the stakeholders in the system?" asked Yeo.

"How would an independent commission not be definitely far more transparent and accountable, when presently the process is entirely not within public knowledge or scrutiny?" he added.

He said the present system failed to ensure the filling of important judicial positions for extended periods of time and causing many senior judges to be bypassed for promotion.

For example, the chief justice of Malaya post has been vacant since Jan 5 while the legal fraternity has often cited Court of Appeal judge Gopal Sri Ram as being long overdue for promotion.

Based on the Federal Constitution, the chief justice recommends names to the prime minister who then advise the King. Judges are appointed after the King consults the Conference of Rulers.

On views that the establishment of the commission will amount to the government inferring with the judiciary, Yeo said such a stand will be a misunderstanding of fundamental principles.

"Non-interference by the executive and legislature on the judiciary relates only to the process of judicial decision-making, in order that judges will be able to make decisions and judgements entirely free from any pressure or undue influence," he said.

Yeo also dismissed arguments that the government will only consider the judicial commission should it be suggested by presently serving judges.

"This argument in unappealing. Surely any suggestion must be considered by reference to its merit, not its origin," he said.

Nazri had criticised Vohrah for not voicing his suggestion when the latter was on the Bench.

"I am disappointed, including with lawyers, for speaking with forked tongues," the minister was quoted as saying.

Yeo said the Bar Council will organise events to debate the establishment of a Judicial Appointment and Promotion Commission soon.