'JAC lacks public representatives'

The newly-minted Judicial Appointments Commission (JAC) today came under the spotlight of the legal profession, with some claiming that it "lacks public representatives" in the line-up that was established yesterday.

Among those expressing their disappointments to Malaysiakini today was former Bar Council president, Yeo Yang Poh, who said that it "lacks the required mixture of cross-sectional representation."

"We are talking about the judiciary and it is extremely (important) for the public service. Any public service must involve consumers and stakeholders and in this case, the civil society.

"But this is not a balanced mixture," said Yeo.

Yesterday, Prime Minister Abdullah Ahmad Badawi had appointed three ex-judges and a former attorney-general as part of the commission headed by Chief Justice Zaki Azmi.

The commission comprises four eminent persons: Former chief justice Abdul Hamid Mohamad, former chief judge of Sabah and Sarawak Steve Shim Lip Kiong, former High Court judge LC Vohrah and former attorney-general Ainum Mohd Saaid.

Zaki and the other members - Court of Appeal president Alauddin Mohd Sheriff, chief judge of Malaya Ariffin Zakaria, chief judge of Sabah and Sarawak Richard Malanjum and Federal Court judge Zulkefli Ahmad Makinudin - were selected based on the positions they hold in the judiciary.

Appoint laypersons too

"But this is a good start as compared to before, when we never had such a commission. I hope in the future amendments can be made and involvement (of the public) can be enlarged. Some other aspects of it also require improvement," said Yeo.

Looking at it from a different perspective, former High Court judge Syed Ahmad Aidid told Malaysiakini that the newly-appointed line-up "is the best the government can do for now" but a "test" will await them when it comes to appointing new judges.

"I believe there are other important personalities that could also be considered (for the positions) especially those from other professions whom you may consider as laymen," he said.

Even though the commission did not have any of the laypersons on board, he believed that JAC could pass the test if they managed to appoint the right person for the job.

"Probably this is a test for JAC in the appointment of the new judges and the public will be able to assess or have their own thoughts. If they choose really good judges in the next appointment then people will be very happy and JAC would have passed its test," said Syed Ahmad.

Furthermore, he said, the nine-member commission would have a good wide section of views as it has a mixture of Sabah and Sarawak legal practitioners working together with the peninsula's legal practitioners.

Strong concerns from lawmakers

"The last time, probably only one or two people would have been in charge of making decisions. With these members in the commission, it would be a good basis for them to consider new appointments of judges," he said.

Meanwhile, according to a practising lawyer Sallehuddin Saidin, the commission is good enough as it is and "their integrity should not be questioned".

"I believe these judges and former judges are able to ensure transparency in our judiciary," he said, adding that it would be better if it included someone from the public.

"But that does not mean the board is not good enough. If it included someone from the public, say a former lawyer, it could be complete. However, for the beginning, this is already a great start," he said.

Sallehuddin further said: "With a combination of nine minds, the question of being unfair in appointing a new judge will not arise. This is because all of them can voice out their opinions."

He added that if it involved only one or two people making the decision, then you may see some injustice in the process.

The commission, which was approved last December in Parliament, has been dubbed as "controversial" after it received strong concerns from lawmakers from both sides over its constitutionality and independence.