Nazri shoots down Bar's views at law confab
De facto law minister Nazri Abdul Aziz is making his presence felt at the 14th Malaysian Law Conference but is not sharing any of the Bar Council's views on judicial reform.
De facto law minister Nazri Abdul Aziz is making his presence felt at the 14th Malaysian Law Conference but is not sharing any of the Bar Council's views on judicial reform.
The minister shot down various proposals raised by Malaysian Bar head S Ambiga in her welcoming address in Kuala Lumpur this morning.
Ambiga said the crisis in 1988 had eroded public confidence in the judiciary and pointed out the importance of a truth and reconciliation process.
However, Nazri told reporters later that the erosion of public confidence in the judiciary is a matter of perception.
"That's their perception which may not necessary be mine. What is (meant by) 'public'? Does it mean 1,000 to 2,000 people or the whole nation? We respect opinions but the government has its own perception so we agree to disagree," he said.
"They (Bar Council) are talking from a legal point of view (but) we (the government) run a country. We're looking from the summit of the mountain and they are looking (from) their eye level."
Exception to the norms
The Bar president also called for the abolition of laws allowing for detention without trial, and revocation of emergency proclamations and emergency ordinances.
"The council takes the stand that laws relating to detention without trial must be repealed in keeping with the country's pledge to uphold universal values in all aspects of national development," she said.
"The powers of detention without trial remains an exception to the norms of any fair, just, equitable and democratic society."
Such laws include the Internal Security Act, Emergency (Public Order and Prevention of Crime) Ordinance 1969, Dangerous Drugs (Special Preventive Measures) Act 1985 and Restricted Residence Act 1933.
Ambiga also called for the repeal of the Printing Presses and Publications Act 1984 and Sedition Act 1948 as they have "outlived their use".
"We live in the age of the Internet now. There is little point in controlling the press if it only means that the news will easily find its way into cyberspace," she told about 700 delegates present.
Responding, Nazri maintained that these laws were still needed to keep peace and stability in the country.
"There are laws that seem to be outdated but the peace and stability that you experience now is very much because of [...] fact that we have to stop some of the people raising emotional, racial issues," he countered.
It is not without a cost you experience the stability now. I still maintain that we still need these laws."
Asked whether Chief Justice Ahmad Fairuz Sheikh Abdul Halim's tenure will be extended, the minister said he hasn't heard anything.
"I have not heard anything. You can ask the prime minister tonight (when he attends dinner)," he added.
'Undertake major reforms'
Declaring open the conference, Sultan Azlan Shah of Perak said public perception of the judiciary matters.
"The principal quality that the judiciary must possess is impartiality. It means that judges are not only free from influence of external forces but also of one another," he said.
The former Lord President had the delegates in stitches when he mistakenly said "there are good lawyers and bad judges" (when he meant "bad lawyers") before smilingly correcting his error.
He also said judges should resist socialising with business personalities and other well-connected people.
He added that it is time for the country to undertake major reforms in its commercial court structure and procedures to compete with other countries.
Meanwhile, Prime Minister Abdullah Ahmad Badawi cancelled his appearance at the opening ceremony at the eleventh hour to officiate the launch of the East Coast Economic Region project.
However, he is scheduled to read his keynote address at a dinner hosted by him for conference participants today.
The three-day conference with the theme '50 Years of Independence' covers a comprehensive selection of topics - from the Federal Constitution, the country's legal system after 50 years, the rights of the stateless and indigenous people, freedom of expression in arts, freedom of information to the role of Asean in Burma.


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