Zaid: Culture of indifference weakening judiciary

KUALA LUMPUR: According to Zaid Ibrahim, the biggest problem with the judiciary today is not that there are not enough qualified or clever judges, but that they are too indifferent.

And it is not just indifference on the part of judges that has seen a deterioration in the judicial system, he said in his latest blog post.

Many lawyers, too, continue to be indifferent.

Zaid, a lawyer and former de facto law minister, said too much indifference allowed for “crooks to rule and for integrity to be sold to the highest bidder”.

“In this land of plenty, where cash is king and where a single authority determines positions and promotions, it’s hard to expect ambitious men and women to shun the limelight.

“It’s hard to find those who are willing to risk being demoted or side-lined in the race for top positions and the perks that go with it,” he said.

Adding that the deterioration in the judiciary did not happen overnight, Zaid said many lawyers in private practice had been saying for a long time that an overwhelming number of lawyers from the Attorney-General’s Chambers (AGC), elevated to the bench, tended to be pro-government.

Those from the government and the AGC, meanwhile, said that private practitioners tend to be more sympathetic towards the opposition parties and NGOs.

“That’s why prime ministers are inclined to have more judges from the legal service (they probably make up 80% of judges now), and always insist that Malays take the top positions in the judiciary.

“That has always been the case since Tan Sri Ong Hock Thye was chief justice.”

Zaid said it was natural for stakeholders in the system to prioritise their own futures.

“Some have discarded the noble idea that justice is blind, and that in the long run, it is better to have judges who are capable of dispensing justice fairly so that the country can benefit.

“But politicians would rather have some judges working in tandem to protect their political position and interest. In turn, some of these judges are willing to reciprocate if it serves their own future.”

The DAP member said in Malaysia, politicians determine if someone gets elevated to the High Court.

“A friend was recently offered the position of High Court judge, only for the offer to be withdrawn when some politicians protested.

“My friend took this in his stride. I for one believe that it is better he remains the person he is rather than having to accommodate unsavoury politicians just so he can be called ‘Yang Arif’.

“It’s also the prime minister who determines if you get to be chief judge, president of the Court of Appeal or chief justice.

“Even after retirement, if one is looking to continue having the comfort of first-class travel and a few hundred thousand ringgit a year in addition to one’s pension, one has to be in the prime minister’s good books.”

In such a system, Zaid said, it was rare to find judges and lawyers who were willing to put their careers at risk by going against the wishes of the prime minister.

“Judicial decisions where political interests are at stake suffer from acute partiality – and the culture of complete indifference to our justice system continues.

“The Bar itself is not free from blame for the state of the judiciary. Some of them appear almost daily to argue their cases on behalf of clients in ‘non-political cases’. They would get a fair hearing and probably the right decisions from the judges.

“These lawyers are quite happy not to raise the issue of political influence or the role of the prime minister in the judicial system.

“It’s understandable as they have to pay their staff and other business overheads, but nonetheless their indifference contributes to the present state of affairs.

“Some senior lawyers also aspire to be judges, so they would rather not get involved in controversies, like the passing of resolutions that are unfavourable to the chief justice or the prime minister.”

However, Zaid added, not everything was lost as there were still those who were willing to fight for an independent judiciary, no matter what it took.

“There are still lawyers and legal academics who are as passionate as ever about seeking justice for all and working towards a better legal system,” he said, adding that he was dedicating the blog post to them.

“It is not death that kills us, but indifference.” -FMT