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The highest court in Malysia is called the Federal Court, which is confusing because it is actually the old Supreme Court wearing a new name. There is a High Court in Malaysia, but it is not the highest court. High Court decisions are subject to review by an appeal court, and finally by the judges of the Federal Court.
The judges who sit on the Federal Court bench have the final say. It is to them that difficult questions are put for the ultimate legal decision. Their considered judgements are final, and there is no avenue for further appeal. Since their decisions are based on the existing laws of the land, as expressed in the acts of Parliament and the Constitution, a solid legal foundation is essential.
The education, training and experience of candidates who are considered for the Federal Court are of great interest to the public. The fortunes of the state are at stake. The standing of the country in the world community is at risk. The security of all citizens and visitors in their lives and property rests on their integrity and a proper regard for the Federal Court role in maintaining a harmonious society. To a great extent the happiness and contentment of everyone rests with them.
It is with the greatest urgency that the present vacancies on the Federal Court bench in Malaysia be filled with candidates who have the qualifications necessary to fulfill all the requirements of the position. Their credentials should be impeccable. No name should be put forward which will create controversy. The prior written decisions of the candidates should supply support to their intelligence and ability to apply the law equitably to the cases before them.
At this crucial time in Malaysia's history, the choice is subject to extraordinary scrutiny, both in Malaysia and around the world. Serious arguments have been made, supported by incontrovertible evidence and testimony, that the legal system in Malaysia is not independent. Judges in many important cases have not followed precedent or evidence. Important evidence has been declared inadmissible on flimsy grounds in criminal cases.
Evidence has been allowed which has synthetic character. Attempts to impeach mendacious witnesses have been opposed by rulings from the bench. Testimony which supports innocence has been ignored. The recent record is thus replete with error. This error is then compounded on review. The situation is viewed with scorn by all, and the fortune and fabric of the country is in jeopardy.
Malaysia has around 10,000 licensed lawyers. Among this number there are many who are fit to serve admirably on the Federal Court bench. These capable legal scholars must be approached for the important service they can perform for the country at just this time. It is the Conference of Rulers who will give this matter their careful attention, ensuring that the changes now taking place in the legal system may proceed without interruption.
The new Chief Justice has made his views clear. There must be no further erosion of the judiciary. He assures us that any new judges will be selected according to proven ability and integrity. Perceived acquiesence to the personal interests of present political personalities permanently pollutes the prospects of any candidate for this important office. In the pursuit of excellence the Bar Council, senior sitting judges, and previous members of the Federal Court bench should make their views known in the best interests of the country. They should do this as a patriotic duty. Only by selecting for excellence can Malaysia overcome the present malaise.
The Commonwealth contains a plethora of imminent legal scholars. Many Malaysians are among them. It is now time to restore respect to the judiciary. We can accomplish this by a determination to correct the errors of the past decade. Toward this goal, only the best that Malaysia can provide will suffice.
The Conference of Rulers is aware of the regard with which they are held for their recent selections. The new Chief Justice and the new Attorney General make an excellent initial impression. They deserve colleagues who will support the new path chosen. Let us provide this support.
They require it. The country needs it. The people deserve it. The times demand it. Therefore, let us then have Federal Court judges whose decisions will be correct and respected, in the best traditions of the law.
It is great honour to serve as a Federal Court judge. Let us bestow this honour with the greatest care.
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Write to Harun Rashid: harunrashid@yqi.com
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