KUALA LUMPUR: The Royal Commission of Inquiry, in its report, made several recommendations, including the creation of a Judicial Appointments Commission (JAC).

It says ample evidence emerged during its inquiry "which clearly indicates that there is cause for concern about how judges in the upper echelons of the judiciary were appointed and the selection criteria employed".

It notes that former prime minister Tun Dr Mahathir Mohamad "boldly stated that he was at liberty to put up candidates on his own without any prior input from the chief justice".

The panel, in its report, states that with a commission, the prime minister would be in a better position to consider the candidates proposed by the JAC.

"Similarly, in terms of promotion for judges to higher levels in the judiciary, the JAC would have to consider, inter alia, their performance and conduct before recommending their promotion."
The report opines that with a commission there would be no need for the prime minister to consult anybody else and that it would be only on exceptional grounds that he would be inclined to reject the recommendation.

"However, in rejecting the recommendation, the PM would have to give his reasons in consonance with the norms of the transparency and good governance.

The enquiry report also suggests that the head of the JAC be the chief justice, being the head of the judiciary.

"We would add further that the besides the president of the Court of Appeal, the chief judges of the two High Courts are made automatic members.

"Retired chief justices, presidents of Court of Appeal, the chief judges of the two High Courts and Federal Court judges may also be considered as members.

"We would suggest that for transparency, accountability and good governance and to give effect to the role of the commission, the appointment of the members, other than the chairman and the attorney-general, by the Yang di-Pertuan Agong should be made after consultation with the JAC instead of the chief justice (who in any event will be chairman, as proposed)."

It also notes that in establishing the JAC, the government would have to consider local conditions and the racial composition of the country.

The commission, however, argues against the setting up a judicial complaints tribunal as proposed by the Malaysian Bar Council. It argues that judges are not public officers and there are adequate legal provisions for action to be taken against errant judges.

The commission also seeks "meaningful effect" to the roles of the chief judges of Malaya, and Sabah and Sarawak by having them appointed members of the Judicial and Legal Service Commission

The commission also recommends that Article 121 (1) of the Federal Constitution to be amended to its original form.

This provision, which vested the judicial power in the High Courts of Malaya and Borneo, was amended in 1988.