Will someone try to make sense of this?
December 5, 2007
The VK Lingam video and his brother’s police reports have shown how deep into that dark black hole the judiciary has fallen.
The government went on a dance about the authenticity of the tape and appointed a 3-man panel to verify the authenticity, instead of heeding the call of civil society to appoint a royal commission of inquiry to look into the depressing state of the judiciary.
The 3-man panel vindicated the civil society call : all 3 panel members also recommended the establishment of a rci and found the video to be authentic.
The government has still not made public the 3 separate reports of the 3 panel members.
The government has announced that it will establish the rci.
The government has not made known the terms of reference of the proposed rci.
The government has not made known the appointees to the proposed rci.
Malaysiakini reports today that the PM has announced that Hamid Mohamed has been confirmed as the new Chief Justice.
From Malaysiakini
After almost 40 years in the judicial service, Hamid is probably the most qualified in the Federal Court to head the judiciary.
Hamid’s stint, though, will probably be very short. He will reach retirement age in April next year and, if extended for 6 months, which has become the norm except, thankfully, in the case of Fairuz, should retire latest by end October or in November next year.
So who takes over when Hamid finally retires?
Who’s next?
The next most senior?
Zaki Azmi, Malaysiakini reports, is going to be the new President of the Court of Appeal, taking Hamid’s place.
From Malaysiakini
If one of the criticisms of Fairuz’s appointment as CJ since the revelations in the VK Lingam is that he had only written in all, 7 judgments as a High Court judge prior to his elevation, Zaki has, to my knowledge, not written any.
Which is understandable given Zaki’s hop, step and jump into the Federal Court in September this year.
Check out the judiciary members directory from the judiciary website HERE.
Let me reproduce below the Federal Court directory which, unless I’m mistaken, ranks the judges according to seniority.
1. The Honourable Dato’ Arifin bin Zakaria
DPCM , DPMK, SPSK
2. The Honourable Dato’ Bentara Istana Dato’ Nik Hashim bin Nik Ab. Rahman
Dato’ Bentara Istana, SPSK, SIMP, DSMZ, DPMK, DPMT, ASM, KMN
3. The Honourable Dato’ Sri Augustine Paul a/l Sinnappen
SSAP, SIMP, DSAP, DIMP, DMSM, KMN, PKT
4. The Honourable Dato’ Abdul Aziz bin Mohamad
DPMT, ASM, KMN
5. The Honourable Dato’ Haji Hashim bin Dato’ Haji Yusoff
SPSK, DPMK, KMN
6.The Honourable Dato’ Azmel bin Haji Maamor
DSNS, PPT
7. The Honourable Dato’ Zulkefli bin Ahmad Makinudin
DPMP, SMJ, PIS
8. The Honourable Tan Sri Dato’ Zaki bin Tun Azmi
PSM, PJN, DSMT, DSDK, JSM, KMN
The implication of Zaki’s appointment is that notwithstanding his not having a single written judgment to his credit and not even completed 6 months on the Bench ( usually the probationary term in many other industries ), he has been picked over 7 others far more senior than he to be the CJ-in-waiting.
Why?
What gives?
Were we not supposed to be straightening out the judiciary?
If true, the 7 Federal Court judges more senior than Zaki should do the honourable thing and resign.
Something odd about the Malaysiakini report, though.
It states : ‘The King, Tuanku Mizan Zainal Abidin, has consented to the appointment of the duo on the advice of the prime minister and after consultation with the Conference of Rulers, said Prime Minister Abdullah Ahmad Badawi in a statement. Abdullah said that Abdul Hamid’s appointment took effect on Nov 1 while Zaki’s would be decided later’.
My question.
If the Agong has consented to the appointment of both and Hamid’s has been decided to take effect on 1st November, why could not the effective date of Zaki’s appointment, too, be fixed?
Don’t forget that the Agong and the Conference of Rulers declined to appoint two nominees of Fairuz for the office of President of the Court of Appeal and the CJ of Malaya.
Don’t forget that the Agong and the Conference of Rulers declined to give Fairuz his extension.
Don’t forget that Sultan Azlan Shah recently advocated a return to the practise of old of promotions based on seniority.
Yet I’m now told that my Agong and the Conference of Rulers have agreed to bypass 7 other more senior Federal Court judges, have appointed a man barely 3 months on the Bench, but have not fixed the effective date of his appointment?
I don’t buy this.
Something stinks.
See also : Jeff Ooi
December 5, 2007 at 11:38 pm
So has the petition to the King to save the judiciary gone to waste?
What next??
Let’s hope our King will reject Zaki’s appointment.
December 6, 2007 at 1:06 am
Seniority? Strategic? Justice & Administrative?
===============================================
PM Heading for GE
Hamid Mohamed, the best
to put matter to rest
and ready for the next
if he’s still in position to pick!
Most probably Zaki is under attack
so PM has to hold back either as Harris guess
or procedural/timing, it is out of track!
Should a CJ firm with Justice in track
with also administrative ahead?
Judiciary at risk
In most cases, rules and regulations been at ease!
Principles not take but tricks!
So Seniority should not be the best!
but Justice and Administrative no relax!
Modernization should be fundamentally arrested!
Secretarial a mess
Mention in queue, 3-5 years an Express??
Justice as Snail, Administration be nailed
efficiency, Rules and Regulations be attached!!
December 6, 2007 at 9:32 am
I totally conquer with you that something stinks real bad with the way it has been announced.
I suspect Abdullah is pulling a fast one on the Agong and trying to corner the Agong.
Lets choose to stand with the Agong. As long as no appointment letter from the Agong, Zaki is not the PCA.
December 6, 2007 at 3:13 pm
I believe the Agung has given the approval to Hamid but disapproval to Zaki.
AAB is trying to jump the gun and force the Agung to approve Zaki’s appointment by announcing the Agung’s acceptance of both the posts only revealing that Hamid’s post is effective 1st Nov but left out the effective date for Zaki because he does not have the approval yet for Zaki.
Well, that’s only my presumption and I could be wrong.
What do you think??
I think so, too.
December 6, 2007 at 4:47 pm
Haris,
Why wasn’t the Chief Judge elevated to the PCA if Hamid is now confirmed as the new Chief Justice?
ZA getting the PCA job from way down the seniority level as you’ve outlined above does not bode well with regard efforts to clean up the judiciary.
More importantly, what has the Bar council have to say on this matter i.e. ZA’s appointment, as I do not wish to read too much into what was reported in the MSM in reference to ’supportive’ statements purportedly made by Anbiga and Aidid.
In other words, have the BC now taken an obverse stand on the need for a Judicial Commission? If so, what then was the purpose for the Penguin Walk?
Shar,
I suppose since the Bar Council had welcomed the appointment of Zaki in September with congratulatories, whilst at the same time expressing some surprise, their reaction as reported in the MSM should not surprise.
My hope is that the Agong has not assented to it and will continue to do so.
December 6, 2007 at 4:53 pm
yes Haris, something does stink here. I smell a rat . “they” figured out an easy way to control everthing, easy to cover up any rat droppings too. So,the saying no one is above law is passe nowadays? but I think some people are above the law, they are making full use of it.
December 6, 2007 at 11:44 pm
Haris,
This Zaki chap has a very nice corporate history i would say. He was the deputy chairman of UMNO’s disciplinary board and chairman of their election commission. Also was a member of the Royal Commission on the Police Force. This guy seems to have been in all the right places. But my greatest doubt came when Stupid! Stupid! Stupid! came up front to vouch for this guys trustworthiness and honesty. Remember “I am his minister”?
Biasala guys. This is how it has always been in the government sector. They will put the their candidate in the deputy’s position and make him/her the next number one person of the department once the current number one guy steps donwn or retires. I’ve seen it once too often when i was in service. Looks like there will be a ’season 2′ of the judiciary rot.
cheers
December 6, 2007 at 11:50 pm
They talk about blatant lies and they say that they get realy angry with blatant lies. This Zaki chap who marries a 32 year old girl in a textile shop in Perlis somewhere just in the last year or so knowing very well what he is doing is as it is not legitimate is now supposed to sit in judgement. He had no respect for teh law..you expect him to be judicious with it?
December 7, 2007 at 12:33 am
yeap it is a set up for Zaki to take the top job. I mean if the man was a judge in say Indonesia and came here and became COA chief, ok lah. But he has no experience at all and now he may head the COA, what kind of appointment is that. Doesn’t happen in the private sector. So smells bad. How do the others judges who are more qualified feel?is this more for a control than getting the best person to be the COA chief.
and can some correct me, is Zaki the first judge to have a case brought against him and found guilty before his appointment…yeah syariah court la and then judge and then maybe head COA??
I hope our Agong and the rulers put a stop to it and don’t let Pak Lah and his XXXL HP6 cabinet try to insult the Agong.
Daulat Tuanku!!!
December 7, 2007 at 2:59 am
Please pray that our Agong will keep fighting and make sure that Zaki won’t be the next CJ. If not it will be the end for our judiciary system. If a rally is required for that, then lets do it again!
December 8, 2007 at 12:41 am
Guys, the Agong doesn’t have constitutional authority to reject judicial appointments. The Agong is bound to act on the “advice” of the PM except for a couple of things - none of which have anything to do with the judiciary. I would not be surprised if the Agong is trying to stonewall the PM, but a public refusal to appoint judges on the PM’s advice would cause a constitutional crisis simply because this would be unconstitutional.
John,
The Agong, by convention, honours the advice of a good PM by going along with it.
Where, however, His Majesty takes the view that what the premier is embaeking upon is contrary to the best interests of the populace, it is my view that it is incumbent upon His Majesty to call upon the PM to reconsider.
If His Majesty is faced with an obstinate premier, it is, in my view, open to His Majesty to act contrary to convention to decline to adhere to the advice of the PM.
That this will lead to a constitutional crisis is certain.
How will it resolve, is the all-important question.