THE PERFECT JUDGE
I refer to the Bar Council EGM fixed on August 3rd 2017 to discuss the motion pertaining to the appointment of the Chief Justice and the President of the Court of Appeal, Malaysia, who are appointees as additional judges in the Federal Court pursuant to Article 122(1A) of the Federal Constitution.
I am reminded of the time when I attended my first Opening of the Legal Year with all its pomp and grandeur, the Chief Justice advised all the judges to touch their hearts before delivering their judgements.
My mind was racing with what might be in the minds of those judges when they touched their hearts. Would it be about making decisions that can facilitate their elevation to higher office or would it be about making decisions in the interests of justice.
I humbly opine that all judges must aspire to be the perfect judge as envisioned by Dworkin, Judge Hercules, who's extremely erudite and who's legally omniscient. Acting on the premise that the law is a seamless web, Hercules is required to construct the theory that best fits and justifies the law as a whole in order to decide any particular case. Hercules, Dworkin argues, would always come to the one right answer. It is imperative for a Herculean judge to hold in high esteem the values of justice as integrity, fairness and due process.
Hence, the only thought that would be in the minds of all judges when they touched their hearts is to aspire to come up with the right decisions and not the decisions would curry favour with the big boss.
If the laws have to be bended in order to appoint the current Chief Justice then this does not augur well for the judiciary as a whole. Appoint the right man and in accordance to the constitution and based on merits. Appoint Richard Malanjum. I agree with DAP Parliamentary Leader, Lim Kit Siang that Malanjum is more qualified and more senior than both Raus and Zulkefli. Malanjum has been outstanding and innovative in improving the judiciary by being the first to implement the electronic case management system which includes the E-Filing System and E-Judgment.
Malanjum showed great leadership and dedication in operating the Mobile Court which has reached the most remote areas in Sabah and Sarawak to ensure that the rural population does not miss out on the basic services of the judiciary.
I call on all lawyers to attend the upcoming Bar Council EGM on August 3rd to voice out our strong objections and to pressure the government to appoint the right judge.
Nicole Tan Lee Koon
LLB (Hons) London, LLM (Malaya), CLP
DAP Wanita National Executive Committee (NEC) member
DAP Negeri Sembilan State Committee
Political Secretary to Member of Parliament of Rasah
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Email: loyarbaik@gmail.com
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