PEOPLE-2

Penang judge says:

Don't be a yes-man, be a judge!

on 9 January at the first sitting of the Federal Court year 2001 

WHEN I JOINED the judicial and legal service in 1963  (I believe some of the judges here were still in school then) the Judiciary was a beautiful and well-respected institution held in high esteem not only by people in the country but also by foreigners especially those from the Commonwealth countries. 

Sad to say since 1994 or so, our judicial system got hammered left and right and started to deteriorate and it deteriorated so fast that the public completely lost confidence in the Courts. 

All along people were confident that the last place they could get justice is in the Courts but in the light of certain cases before the courts and certain goings on in some courts, they realised that the courts have let them down miserably. It used to be that the tinting of judges' cars was for security but now I say it is to hide my embarrassment. 

Lawyers and litigants are concerned when they appear in court for fear of being cited for contempt for the very slightest reason. Some judges think that independence of the judiciary means they can do whatever they like because they have the power and at a stroke of the pen they can send anyone to prison for contempt or other reasons. 

To me these judges do not understand the actual meaning of the term ?independence of the judiciary? 

I for one feel very sad when I hear people talk badly of the judiciary or when they ask relevant (not irrelevant) questions of what is going on in the courts, and at times I feel embarrassed as I am unable to answer these questions. 

A prominent lawyer once told me that a client came to his office to engage him. After a long interview with the prospective client and after studying all relevant documents, the lawyer told the client that he had a hopeless case and his chances of winning it was zero. He advised the client not to waste money and time but to go and negotiate a settlement. 

To his horror the prospective client told him, "Don't worry you just file this before the Court of ? (naming the particular judge) and everything will be alright". 

When I hear these kinds of remarks I feel sad that our once highly respected judiciary has reached this low level.  I am indeed happy to hear your statement, Yang Amat Arif,  that the system of  appointment of judges ought to be reviewed. 

The present system although good at one time, is now riddled with cronyism and favouritism and some people began to question certain appointments.  This has never happened in the past. 

I made this same statement when I was called to appear before the NEAC in 1998 and some of  the members at the NEAC agreed that the system needs to be reviewed. 

In the twilight of my service in the judiciary (I have some 12 days to go), I pray (not the kind of prayer in a writ but berdoa sesungguhnya) that YAA Tan Sri with the guidance of Allah s.w.t. and the support of all concerned, bring back the glory that the judiciary once had and place back the judiciary in the rightful place i.e. respected and held in high esteem by all strata of society including the executive. The independence of the judiciary must never be compromised. 

Having served some 37 years, I feel I am qualified to give a bit of advice to judges. Do not be a yes man; be a judge. Live up to the oath of office to taat kepada negara Malaysia and not to taat kepada mana-mana  individu. If you want people to respect you, you have to respect people first, respect begets respect. 

                 The judge's uses of the term "independence of the judiciary" must be understood only within the context of his speech. The judiciary as an independent power was abolished with the amendment of Article 121 of the constitution in 1988. The Article originally read: 

Subject to Clause (2) the judicial power of the Federation shall be vested  in two High Courts ... [i.e. of Malaya and of Sabah and Sarawak] and in such inferior courts as may be provided by Federal law
 

On 9 June 1988 Article 121 was amended to read: 
 

There shall be two High Courts ... and such inferior courts as may be provded by Federal law; and the High Courts and inferior courts shall have such jurisdiction and powers as may be conferred by or under Federal law

Lee Huei Min

VISITS BY GREAT MUSICIANS  started late this year. In April the violinist Lee Huei Min of Singapore performed at Dewan Sri Pinang, filling the hall to capacity. The seventeen year old girl soon demonstrated that Ricci was not exaggerating when he described her playing as "remarkable, unbelievable" 

Just as we marvelled at Lee Ang's production of the very English Sense and Sensibility, so were we mesmerised by the amazing mastery and control of the strange and difficult language of Frank's Sonata for Piano and Violin. Franz Waxman's Carmen Fantasy which closed the programme revealed her to be a technician of at the peak of her powers. At the end, we wondered if her instrument did not rather lack the warmth and almost human sympathy of the Gipsy sound; we put the blame on the poor acoustics of the Dewan Sri Pinang. We must mention that Lee Huei Min was lucky to have accompany her Gordon Black whose accompaniment was as inspiring as it was self-effacing; they seemed like a pair that had practised together for many, many years. That alone made it a memorable evening. #