成立司法委员会

大马律师公会上周六晚上召开紧急会议，并针对最新发生的司法黑幕短片作出议决，号召至少500名律师和民众于下周三从布城的“正义殿堂”（Palace of Justice）游行至首相署，以提呈一份备忘录，促请政府设立一个皇家委员会来彻查自1988年起至今的司法界腐败问题。

律师公会果敢迅速的决定在一定程度上不仅反映律师们对我国司法独立日益下滑的不满，同时也是强化成立司法委员会，以公平、透明和具公信力的方式处理法官委任与擢升事项的时候。这也是许多先进国家在处理法官委任与擢升的现代化方式。

还记得大约一个月前我国可能面对的一项宪制危机，既我国司法界第3把交椅——马来亚大法官的职位。自从前马来亚大法官茜蒂诺玛于2007年1月5日退休后，该职就悬空超过7个月之久。

统治者会议召开两次都未能通过新的马来亚大法官人选，主要是首相从首席大法官敦阿末法鲁兹所推荐的人选——哈欣尤索夫——未能通过统治者会议。其中一项原因就是这其中一名最年轻的联邦法院法官自担任高庭法官以来，尚未完成35项民事及刑事判决的判词。

这反映出有关课题带来的宪制危机。

事发不到一个月，我国再发生另一宗司法丑闻。这是一宗涉及司法界最高职位和一名资深律师的丑闻。

令人悲哀的是，为官的一再呼吁人们不要轻易相信短片中的内容，有者语调甚至淡化这部短片，并指短片中显示的仅仅是一名律师和‘另一方’的交谈。

其实，与其证明短片的真伪，倒不如调查短片中所谈到的法官擢升、司法干预、勋衔安排等等丑闻的真伪？如果这些丑闻都是虚构的，短片的真实性不就不证自明了吗？

目前司法界必须进行结构性的改革，已全面恢复人民对司法独立、大公无私及廉正的信心，其中一项重大课题就是法官的委任。现有的制度有许多漏洞与问题，即法官的委任及擢升只由两人，即首相及首席大法官来决定。个中所涉及遴选与委任程序不透明、谘询程序神密化以及没有以预定准则评估人选。

比如说，首席大法官敦阿末法益鲁兹曾经公开指出，任何法官如尚未完成判词将不会获考虑擢升，因为法庭有一项指令说明，如果任何一方要求提出上诉，法官们必须在案件审讯完毕后8周内完成他们的判词。

令人惊讶的是，哈欣尤索夫这名联邦法院法官自从出任高庭法官以来竟累计多达30宗尚未完成判词的案件，而首席大法官诱那边厢并没有否认、也没有发表任何澄清或回应。

如果这名法官累计数达30多宗案件的判词为完成，他如何能够从高庭法官擢升至至联邦法院法官？

成立司法委员会正值此时。

"Lawyers don't walk everyday. Not even every month. But when they walk, then something must be very wrong,"

PUTRAJAYA, Wed: "Lawyers don't walk everyday. Not even every month. But when they walk, then something must be very wrong," said Chairman of the Bar Council Ambiga Sreenevasan when addressing a strong crowd of more than 2,000 members of the Malaysian Bar and some concerned citizens at the Palace of Justice before the commencement of the walk to the Prime Minister's office to hand over the Bar's memorandum urging the government to set up a Royal Commission of Inquiry to probe the state of judiciary and memorandum on the establishment of a judicial appointments and promotion commission.

Earlier, seven buses ferrying members of the Bar and public from Kuala Lumpur were denied entry to Putrajaya. Frustrated with the police tactics which included sending a helicopter hovering above the crowd, Bar Councillor Edmund Bon and lawyer Amer Hamzah Arshad then decided to lead the stranded numbering about 200 walking some five kilometres to the Palace of Justice.

When they arrived at about 11.30am, the group was met with a thunderous applause by those who waited patiently for them. The Walk for Justice scheduled at 11.00am then started at about 11.45am with Bar Council members leading the 2,000 plus lawyers and concerned citizens.

As they walked, they chanted various slogans led by Amer holding a loud hailer, shouting: "Who are we?" "Malaysian Bar", the crowd roared. "What do we want?" Amer asked. "Justice" the crowd replied in unison. The humorous part was when Amer shouted, "We are doing this for the sake of the country" and the crowd replied, "Correct, Correct, Correct!" Members also received public support from passers-by who greeted them by sounding their car honks.

The heavily-armed police including the Federal Reserve Unit, however, gave their fullest cooperation with some reporters cheekily remarking that this is perhaps the first time a march like this proceeded without any obstruction.

The press, both local and international including well-known bloggers like Raja Petra, Jeff Ooi and also Patrick Teoh were also there, busy taking pictures of this event of the Bar which happened only for the second time in the 60 years of history of the Bar.

"Today is indeed the greatest day of the Malaysian Bar", declared immediate Past President, Yeo Yang Poh. In fact, early in the morning, Yeo and lawyer Desmond Choi went on to the popular Cantonese FM 98.8 Channel to tell listeners why the lawyers were doing this with most callers calling in to praise the Malaysian Bar Council and members of the Malaysian Bar who decided to do this for justice.

The march stopped at the front gate to the Prime Minister's office at about 12.30pm. The office bearers, Ambiga, Vice-President Raguanth Kesavan, Secretary Lim Chee Wee and Treasurer George Varughese then went to the Prime Minister's office to hand over two memoranda to the Prime Minister's Principal Secretary whilst the crowd continued to stay behind chanting away in support of the four-man delegation.

The weather was perfect when the march started as if God was with us. But when the march ended, the heavens appeared to be crying for the judiciary too pouring down rains of tears whilst members of the Bar and their leaders steadfastly stayed behind, drenched in the rain.

For those who took part in this historical march, they had left Putrajaya today with their heads high for they had done something not just for the Bar but for the country. Most of all, they had walked the talk.

More pictures will be uploaded shortly in the public gallery.
Wednesday, 26 September 2007, 04:41pm