Call on Mahathir to set up a Cabinet Task Force to give full support to  Dzaiddin to carry out judicial reforms to restore public confidence in the independence, impartiality and integrity of the judiciary

(Penang, Friday): The national mass media blazoned the front pages today with headlines like "‘Give judiciary a chance’" and the secondary headline "Dr. Mahathir - Judges are not perfect, they have problems too" (New Straits Times) in their report on the Bernama interview with  the Prime Minister, Datuk Seri Dr. Mahathir Mohamad, giving the  impression that Mahathir is a new convert to the cause for the restoration of public confidence in the judiciary to end the protracted judicial crisis in the country.

The mass media headlines and reports have given the following impressions about the Prime Minister, viz:

• that for the first time in his 20 years as Prime Minister, Mahathir has admitted that the judiciary faces the grave problem of public loss of confidence in its independence, impartiality and integrity;
• that he supported the commitment of the  new Chief Justice of the Federal Court, Tan Sri Mohamed Dzaiddin Abdullah who said in his first public pronouncement on appointment to the highest judicial office on December 20 that restoring public confidence in the judiciary was his first priority and his immediate task was to "put our house in order" through interaction, consultations and mutual respect among the judges; and
• that he appealed to the Malaysian people to give Dzaiddin and the judiciary a chance to restore public confidence in its independence, impartiality and integrity to end the protracted judicial crisis in the country.

However, this cannot be the conclusion after a close study of the transcript of Mahathir’s interview with Bernama, as what the Prime Minister said could not bear out the impression that he had undergone both a change of view and heart, however grudging, that the country is suffering from a serious crisis of confidence in the judiciary and that restoring public confidence in the judiciary should be the first priority of the system of justice in the country.

The mass media headlines and reports giving the impression that Mahathir has become a new convert to the cause for the restoration of public confidence in the judiciary to end the protracted judicial crisis in the country are most misleading and irresponsible.

In fact, Mahathir did not make any reference whatsoever to the issue of  public loss of confidence in the judiciary, let alone the need to restore such public confidence, in his reply to the one question in the Bername interview on the judiciary. It was the questioner who used these terms but not Mahathir, as shown by the following extract from the interview transcript:

"Q: In the New Year, we will have a new Attorney-General and a new Chief Justice. Do you hope that with these two appointments, the judiciary can restore public confidence as it has admitted itself that it has lost public confidence, and that there is acrimony between the judges and lawyers?

"A: Yes, I think so because people must give some leeway. These are human beings and they have their weakness. They may be in charge but they are not angels. They are not people who are perfect.

"So, they have their problems. We need to have some flexibility in our thinking on the performance of our people.

"I have worked with these people who are very good and some who are very bad, but I think if you know how all these people can deliver."

It is a pure journalistic "sleight-of-hand" that Mahathir’s answer could be given a "spin" as to give the impression that he has become a new convert to the cause to "clean up a tarnished judiciary" and to restore public confidence in the judiciary - especially from one who had single-handedly brought about the 12-year nightmare of the Malaysian system of justice, plunging it to the very depths of national and international disrepute.

I for one would welcome Mahathir’s change of heart if he is now converted to the view  that the protracted judicial crisis of confidence in the country had caused great harm to Malaysia’s well-being and long-term welfare, retarding Malaysia’s development process by undermining Malaysia as an attractive international investment centre as well as the country’s plan to be an IT power.

As Dzaiddin has made it very clear that restoring public confidence in the judiciary would be his first priority as Chief Justice of the Federal Court, the Prime Minister should declare whether the Cabinet and government would give Dzaiddin its full backing and support to carry out judicial reforms to achieve this objective.

This is important and even critical to the success of Dzaiddin’s commitment as it is impossible for just one person - even if he is the highest judicial officer of the land - to fully restore public confidence in the independence, impartiality and integrity of the judiciary without systemic changes and the full backing of all the judges as well as the other two branches of government, namely the Executive and the Legislature.

Let the Cabinet at its first meeting in the new year set up a Cabinet Task Force to give full support to the Chief Justice to carry out judicial reforms to restore public confidence in the judiciary.  Parliament, on its part, should establish a parliamentary committee on judicial reforms to play its part to try to undo in two years - which is the tenure of Dzaiddin as Chief Justice -  the 12 years of ravages suffered by the judicial system.
 
 

(29/12/2000)