Chief Justice, Prime Minister and Conference of Rulers should give fair consideration to the appointment of Justice Siti Norma, the most senior Federal Court judge who had been bypassed thrice for promotion to the three highest judicial offices in the land, as the new Chief Judge of Malaya
- at the 2004 Perak DAP State Convention at Chin Woo Hall
by Lim Kit Siang
(Ipoh, Sunday): Last Tuesday, one Ipoh case made front-page headlines in the national press highlighting the failure of the administration of justice to be mindful of the maxim that “Justice Delayed is Justice Denied”.
This was the case of widow Chay Tai Tai, who had to wait for 20 years to hear the High Court award RM10,000 damages against the government and Ipoh Hospital for medical negligence for her husband’s death in February 1982.
In “First World” countries, such a 20-year delay for the disposal of a medical negligence case or any other court case would have been regarded as rank injustice and an unacceptable scandal in the system of administration of justice, causing a nation-wide soul-searching in all three branches of government, viz. Executive, Judiciary and Legislature.
In Malaysia, despite the aspiration of the Prime Minister, Datuk Seri Abdullah Ahmad Badawi to a “First World Infrastructure, First World Mentality”, apart from making good conversational subject, such a gross injustice had not caused any waves in high decision-making levels with assurances of a revamp of the administration of justice to ensure that there would not be another Chay Tai Tai case.
What action has been taken to ensure that the system of administration of justice is fully mindful of the maxim that “Justice Delayed is Justice Denied” and that all outstanding cases in court, exceeding fifteen, ten and even five years are given priority and “fast-track” treatment to ensure that justice is not only done, but seen to be done?
The Minister in the Prime Minister’s Department, Datuk Radzi Sheikh Ahmad said on Thursday that there would be a special meeting of Parliament next month to amend the Federal Constitution on three matters, to empower the Federal Government take over the water jurisdiction from the state governments, raise the retirement age of judges from 65 years to 66 and concerning heritage.
The debate on the Constitution Amendment Bill in Parliament next month will be the first major debate under the premiership of Datuk Seri Abdullah Ahmad Badawi on the judiciary, as to how public confidence in the efficiency, professionalism, independence, impartiality and integrity of the judiciary could be fully restored and enhanced – and how the blemish on the judiciary as represented by the 20-year case of Chay Tai Tai could never recur again in Malaysia.
Radzi should have enough notice to prepare for the Parliamentary meeting next month when he introduces the Constitution Amendment Bill to give Parliament the statistics of the number of outstanding court cases which are over fifteen, ten and five years respectively, and what action had been taken to give priority and dispose of these outstanding cases on a “fast-track” basis.
It is more than a month ago since the retirement of Tan Sri Haidar Mohamed Noor as the Chief Judge of Malaya on November 8, but his successor has not been named.
Such inordinate delays in the appointment of key judicial positions is unacceptable and does not reflect well on the efficiency, effectiveness and professionalism of the system of administration of justice, especially as the retirement of senior judges is known long before they retire.
The Chief Justice, the Prime Minister and the Conference of Rulers – the three parties directly involved in the decision-making process concerning senior judicial appointments - should give fair consideration to the appointment of Justice Datuk Siti Norma Yaakob, the most senior Federal Court judge who had been bypassed thrice for promotion to the three highest judicial offices in the land, as the new Chief Judge of Malaya.
Siti Norma, 64, was elevated to the Bench 21 years ago in April 1983, and was the first woman to be appointed to the Court of Appeal and Federal Court – and staked a clear claim by her seniority and experience to all the three highest judicial posts of the land, Chief Justice of Federal Court, President of Court of Appeal and Chief Judge of Malaya, when they became vacant in the past five years, which would also have marked a most remarkable breakthrough for women achievements in Malaysia.
Siti Norma is even more senior that the Chief Justice of Federal Court, Tan Sri Ahmad Fairuz Sheikh Abdul Halim, who was made a judge only in August 1990, and the President of the Court of Appeal, Datuk Abdul Malek Ahmad who was appointed High Court judge in March 1992.
With the proposed constitutional amendment for retirement of judges from 65 to 66, Siti Norma would have more than 18 months to serve in the highest judicial office to be occupied by a woman in Malaysia.
* Lim Kit Siang, Parliamentary Opposition Leader, MP for Ipoh Timur & DAP Central Policy and Strategic Planning Commission Chairman