An opposition leader today called for a more transparent system of judicial appointments and urged Court of Appeal judge Mokhtar Sidin to personally withdraw from hearing the corruption appeal of jailed former deputy premier Anwar Ibrahim.
DAP chairman Lim Kit Siang said Mokhtar should reconsider to personally withdraw himself despite the ruling made by Court of Appeal president Lamin Yunus.
"Mokhtar should reconsider whether he should personally withdraw from the Court of Appeal hearing over Anwar's appeal to uphold the maxim 'Justice must not only be done, justice must be seen to be done'," Lim said.
Lamin ruled this morning that Mokhtar would remain on the three-member bench which is currently hearing Anwar's appeal against his six-year corruption conviction.
Anwar caused a stir yesterday when he told the court that he did not want Justice Mokhtar to hear his case because of allegations of corruption against the judge. Mokhtar is one of the three judges hearing Anwar's appeal; the others being Lamin and justice Ahmad Fairuz.
Anwar said he had represented the Prime Minister at a Conference of Rulers meeting which discussed the intention to cancel Mokhtar's promotion from High Court to the Court of Appeal. Upon Anwar's advice, the rulers decided to delay the appointment without stating any reasons.
Anwar told the court that he made the application for Mokhtar to withdraw himself from the appeal hearing to ensure that "my appeal, which is already precarious, is not further pressured by the prejudice of Mokhtar because of my decision at the meeting."
Lim said the concern raised by Anwar should focus public attention for a more transparent system of judicial appointments.
He added that the United Kingdom has introduced a new system of judicial appointments which placed great importance on maintaining the quality and integrity of the judiciary by introducing a system of judicial appointments which is open to public scrutiny.
This new system include giving weight to the independent views of members of the professional community as to the suitability for judicial appointment, and that the appointment be based on merit.
In Malaysia, the appointment of judges is a matter between the prime minister and the Agung, with the appointment made on the advice of the prime minister.
"The time has come for Malaysia to have a more transparent process of judicial appointments which is open to public scrutiny to restore the confidence of both the public and the legal profession in an independent judiciary," Lim said.
