Why was judge in transgender case overlooked for promotion again, asks DAP

Was Court of Appeal judge Datuk Mohd Hishamudin Mohd Yunus (pic) being punished for his series of landmark judgments based on respect for the law and constitution when he was passed up yet again for promotion last month, DAP asked today.

Party parliamentary leader Lim Kit Siang said that given the question, it was the duty of Chief Justice Tun Arifin Zakaria, as chairman of the Judicial Appointments Commission (JAC), to explain why Hishamudin, who ruled recently that transgenders were constitutionally protected, was not elevated to the Federal Court in the promotion exercise on February 16.

Hishamudin, who will retire in September, was the most senior judge missing the promotion exercise which saw four judges elevated.

Lim added that Hishamudin had also been overlooked for promotion to the Court of Appeal and had been stuck as a High Court judge for 14 years.

Lim said in a statement today that in September 2013, when Arifin was asked why Hishamudin was passed for promotion, the chief justice said that the elevation of judges was at the prerogative of the Yang di-Pertuan Agong on the advice of Prime Minister Datuk Seri Najib Razak.

"Arifin is right that the elevation of judges is not 100% the prerogative of the JAC, but it is beneath the dignity of the chief justice to hum and haw, saying that it is unfair for the media or anyone to question the fate of any particular judge.

"It has been reported that justice Hishamudin’s name was omitted from the promotion list in 2013 as a result of a directive from the Prime Minister’s Office, after the recommendation of his elevation to the Federal Court had passed through the JAC," Lim said.

He said the fact that Hishamudin had been passed up yet again for promotion only proved that JAC had acted arbitrarily to sideline independent judges who were fully committed to upholding the law and constitution instead of acceding to pressure from various quarters.

"Arifin should not be satisfied with low fruits and standards saying that there is now more transparency in judicial appointments since the formation of the JAC compared with appointments done before 2009.

"This is the era of accountability, transparency, open government with the prime minister’s much-flaunted national transformation," Lim added.

As such, the Gelang Patah MP said if Arifin was unable to give any satisfactory explanation on behalf of JAC for Hishamudin's non-promotion, the Bar and lawyers should make their voices heard.

According to Lim, lawyers would have voted for Hishamudin to be the chief justice.

“It would be difficult to find another judge who could command as much respect from the Bar for his integrity, independence and respect for the law and constitution,” he said.

He said that Malaysians wanted not only a better system than the horror days of the Lingam videotape scandal, but a judicial appointment system comparable to the best in the world which could bear public scrutiny and criticism.

“Surely Malaysia does not need another Royal Commission of Inquiry into another judicial scandal before standards of judicial ethics and appointments are raised,” Lim said, in reference to the case involving lawyer Datuk V.K. Lingam, who was implicated by an RCI for fixing judicial appointments and judges' case assignments.

- TMI