联邦法院首席大法官查基10月29日走马上任后，首次接受媒体访问，由官方新闻社《马新社》刊登全文专访。
63岁的查基说了很多重话和作出承诺，如尽量避免听审巫统案件，加速案件的审讯，减少堆积如山的法庭案等。这些都是我们期待的东西。希望查基坐言起行，兑现承诺。
法官，向来受到社会尊敬，因为他的大公无私，代表着正义和廉洁。可是1988年司法危机后，烙印在我们心中的良好司法形象在马哈迪干预下瞬间消失，至今尚未恢复。
查基已表达他的意愿，我们就给他机会，就如律师公会也乐意让他表现。
以下是访问全文。
Transcript Of Special Interview With Chief Justice Tan Sri Zaki Tun Azmi
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By: Ramjit
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PUTRAJAYA, Nov 8 (Bernama) -- It had never occurred to Tan Sri Zaki Tun Azmi that he would one day occupy the position of Chief Justice of the Federal Court, following in the footsteps of his father who had held the post from 1968 to 1974.
Zaki, 63, who was appointed to the post on Oct 18, said he had never aspired to hold such a high office because he felt that there were many other judges who were more learned in law.
In the special interview with Bernama Chairman Datuk Seri Panglima Mohd Annuar Zaini at his office at the Palace of Justice here, Zaki said he was aware of the heavy responsibility he shouldered in elevating the image of the judiciary.
Nevertheless, he believed that the level of public confidence in the judiciary has been on the rise following several recent judgements.
Following is the transcript of the interview:
1. QUESTION: Tan Sri, congratulations on your appointment by the Yang di-Pertuan Agong as the new Chief Justice. Tan Sri, had it ever occurred to you, as a law student, that you would one day occupy the highest office in the judiciary?
ANSWER: I did not have any dream, aim or intention at all of becoming a judge. It never occurred to me. I had the ambition to reach a high level but there were no expectations to become a judge.
2. Q: But there was a role model within the family, like your father who was the chief justice?
A: Honestly, there were no expectations to become the CJ (chief justice). No expectations, more so because there are many other judges who are more learned in law.
3. Q: What do you intend to do with the judiciary?
A: I want to ensure that justice is produced fast. Clear the backlog. If I can do this, then I would be very happy.
4. Q: Tan Sri, you have been out of government service for more than 20 years and you are better known as a lawyer in the private sector. What factors can you cite for your return to government service?
A: I was asked to become a judge. I thought that if I could help the government improve the judiciary, then why not. So, I agreed. This was to improve the image of the judiciary, the image not in the aspect of corruption but of the service delivered to the public. The important thing was the delivery system in the judiciary.
As a lawyer or law practitioner, I always felt most disappointed and dissatisfied because of the service delivered by the judiciary, not only in the courts but more so at the court registry, where it takes time for us to extract court orders. Replies to letters also take time. At the courts, we have to wait for hours for our cases to be heard. In fact, now I have conveyed these feelings to the present judges. How frustrating (it was) for me to be waiting for two hours to be called in for a case. I hope we can overcome this.
5. Q: Tan Sri, what do you wish to achieve in your first 100 days (as chief justice) for the public to know of your style of leadership?
A: Firstly, we have to identify our problems. Some of these problems can be resolved immediately. Some will take a bit more time. For example, when I was the president of the Court of Appeal, in a matter of two and a half months I sorted out 50,000 files (volumes) and reduced the number of clerks assigned to handle the files from 13 to only two.
Now, you can get a file from the Court of Appeal in three to five minutes. Previously, 13 people looked after 13 stacks of files and each one of them had his or her own system. But this (change) could only be brought about with the support of the staff. If the staff had not given their support, I would not have been able to do it.
6. Q: This is more of an administrative problem?
A: True. If we do not get the file, the court order cannot be extracted. The backroom function is very important. When I went to the court in Shah Alam, I asked how long it took to extract a court order. The answer was two weeks. I asked why it took two to three weeks. The reason was that they had to search for the file. Therefore, sorting of the files is very important.
7. Q: Is this not a matter too trivial to warrant the attention of a chief justice?
A: When I was in the private sector, I saw the problem myself ... understood the problem and accordingly instructed the relevant officers. One month later, we checked to see if the targets could be achieved. And motivated the employees. I called at the registrar's from time to time.
8. Q: What is the biggest challenge, Tan Sri, which you feel should be attended to, particularly in terms of the image of the judiciary?
A: For me, it is the backlog problem ... the delay in delivering judgements. There are too many cases which have to be heard and settled. We have a severe shortage of judges. Besides, I also seek the cooperation of the lawyers. This is because the lawyers can expedite the hearings. I will meet with the Bar to seek their cooperation.
9. Q: Is it true that the writing of judgments takes a long time because judges are pressed for time due to the heavy load of cases?
A: True. But if one judge can do it, why not another? Therefore, we have to find a solution. I proposed that judges -- in fact I made the proposal at the closing of the LawAsia Conference -- write the grounds for judgement in brief, that is, by focusing on the pertinent matters. When I was in the Commercial Division at the Kuala Lumpur Court for two years, a judge wrote 500 grounds of judgement. The judgement was not 50 pages long but perhaps five or 10 pages ... it could be completed in one hour. This is because each time a judge makes a judgement, the grounds of judgement are in his mind ... the grounds are there, it is only necessary to write them down, that's all.
10. Q: What approach will be taken to ensure that this matter is given priority?
A: I have had discussions with the Chief Judge of Malaya to obtain the details from every judge. The Chief Judge of Sabah and Sarawak monitors the grounds of judgement of judges every week and, if there is a delay, he will send a reminder. Besides that, he will circulate a list of the backlogged cases to all judges. This means the judges can make a comparison. According to (the Chief Judge of Sabah and Sarawak) Tan Sri Richard Malanjum, this is the practice in Australia and the United States.
11. Q: Tan Sri, why did you make an open statement about errant judges? How do you face your brother judges when talking of errant judges? How was the reception to your stern statement?
A: In the 10 months that I was president of the Court of Appeal, the judges of the Court of Appeal and staff understood and knew my behaviour and that I was an impatient person. If something can be solved in five minutes, then it will have to be solved in five minutes.
Everyone who has worked with me knows my behaviour. In the meantime, I also asked them to implement the court typing system. Judges in the Kuala Lumpur Court know how I work. Therefore, when I made that statement, I think they understood. In fact, I have voiced thoughts such as this at meetings or judges conferences last year.
12. Q: These messages are usually delivered at conferences or meetings (with judges). Why did you issue the statement in an open speech?
A: I thought the impact would be greater. When I read the newspapers, I did not think the impact would be such. After I had delivered my speech on the day I was appointed the chief justice, there were judges who shook hands with me and I believe maybe 90 per cent of the judges supported me on what I had said. It is possible that only a few did not concur.
13. Q: Many judges seem to be saddled with delays in the hearing of cases because lawyers take on too many cases. There are also popular lawyers who are involved in other cases. What is your message to these lawyers?
A: Since I became a judge of the Federal Court and the Court of Appeal, I have repeatedly told lawyers who want to postpone cases at the last minute that I cannot allow the postponements. When I was the president of the Court of Appeal, I instructed the judges of the Court of Appeal not to allow postponements.
Last year, case postponement in the Court of Appeal was 32 per cent, meaning if there were 1,000 cases, 320 were postponed. This year, after I took over as the president of the Court of Appeal, there has been a 10 per cent drop in case postponement. The message got to the lawyers and the lawyers know that. Each time a case is postponed, the court's time is wasted.
14. Q: An old and deep wound which has yet to heal is the 1988 incident when a tribunal recommended the removal of Tun Salleh Abas as the Lord President. Since then, the chief justices have one after another tried to restore public confidence in the judiciary. This is a huge challenge. Tan Sri, what are your efforts to restore the image of the judiciary to the pre-1980 level?
A: In my view, since Tun Abdul Hamid Mohamad took over as the chief justice, the image of the judiciary has somewhat improved.
15. Q: Do we need more transparency in our judicial system?
A: I have told the judges not to interfere in the judgements delivered by the judges under their purview. I myself do not interfere, do not make recommendations to them, and they make their decisions according to the law.
16. Q: We have three branches in our system of parliamentary democracy -- executive, legislative and judiciary -- which by right should enjoy autonomy and independence. But there is a perception that the judiciary is no longer independent in this country following the 1988 incident and that the chief justice, in determining hearings and judgements, is strongly influenced and bound by the wishes and authority of the executive. This perception, Tan Sri, is more so because of your relationship with the Umno leadership.
A: The image that you talked of, in my view, has been set right with the appointment of Tun Abdul Hamid Mohamad as the chief justice. If you look at the judgements of the courts when Tun Abdul Hamid was the chief justice, for example, the judgements on the election petitions in the Federal Court did not favour the (ruling) Barisan Nasional. Another was the judgement of the Special Court in the case of the Yang Dipertuan Besar of Negeri Sembilan. All these show that the judiciary is impartial. In my view, only time can determine or show the impartiality of the judiciary.
17. Q: There are doubts ... that you, who had appeared for Umno in many cases and won, had been brought in as a Federal Court judge and in a short time appointed president of the Court of Appeal and today are the chief justice. There is definitely suspicion. If cases involving Umno come to court, how will you handle them?
A: As of now, I will not hear cases involving Umno which come to court. As of now, I am saying that I do not want (to hear them) ... until such time that I feel my impartiality is accepted.
I would also like to add that the judiciary is divided into two. One is the administration, the other is the judiciary. The administration is the delivery of records, the files, the speed in which orders are issued ... that is the administrative part of it.
Then comes the judicial part of it. Disposal of cases as well as delivering judgements, no backlog of hearings or cases.
As a Chief Justice, I have to do both. If the administration does not move, the judiciary cannot move any faster. I am here not only as a judge but also as a manager.
18. Q: But how do you think judges should manage their time?
A: The appellate judges at the Federal Court and the Court of Appeal can spend practically 100 per cent of their time hearing cases but the Chief Justice, the President of the Court of Appeal, Chief Judge of Malaya and Chief Judge of Sabah and Sarawak, as well as the senior High Court judges need to spend their time on administration as well. That you cannot avoid. Once you spend time hearing cases, you cant focus on administration.
19. Q: Shouldn't court administration be done by a special administrator?
A: That is what I want to stress ... that the Chief Registrar should do the administrative job. Just like running a hospital. Private hospitals employ specially-trained hospital administrators. They are also doctors but they do not treat patients.
20. Q: Does the public need to wait such long periods to obtain justice due to the backlog, especially those who are charged with serious crimes?
A: The majority of cases tried by the High Court is inadvertently drug-related. So that is why the number of cases is high. In Shah Alam there are four High Court judges and they have 100 criminal cases each in their diary. If a case takes two weeks, imagine the number of years they would need to sort out these cases. The problem is not just the courts but also the lawyers, who seek adjournments.
The chemist needs to run from one court to another. Raiding officers need to do the same. In a murder case, the same pathologist needs to testify in different courts. There have been cases where a chemist appears in Court A in the morning, then runs to Court B in the afternoon. They get confused with the facts. How is this going to be overcome?
I have 17 High Court rooms, which are not filled. Why they are not filled, I do not know. I can take 17 judges immediately but where do they come from. I can take from the Judicial and Legal Service but I have to fill their existing posts as well. So this is not something that can be done overnight. Maybe within 100 days, I can do it.
21. Q: What do you think will hamper this effort?
A: Bureaucracy. We can appoint judges or judicial commissioners but we also lack courtrooms. If we appoint judicial commissioners, then we should also promote them as judges. Are there vacancies for judges?
22. Q: How about corruption in the judiciary?
A: From my observation, if there had been one or two corrupt judges before, now there are none. If there are any, they would not be bold enough to indulge (in corruption).
23. Q: What about the Code of Ethics for judges?
A: It exists, but the problem lies in the implementation. We must be bold and firm.
24. Q: Do the judges agree with your opinion that hearing of backlogged cases should be expedited?
A: From what I can see, 90 per cent of the judges support me. Only a small number gives problems. They have observed my style of work when I was the president of the Court of Appeal.
25. Q: How about the lawyers?
A: It is a little difficult with lawyers because their number is big. But I have the support of the Bar Council. In fact, its president (Datuk Ambiga Sreenevasan) told me that they would support me. In fact, they have asked for reports from me and the judges on lawyers who do not discharge their duties well ... such as those who frequently seek postponement (of cases).
26. Q: How about the Attorney-General's Chambers?
A: There is no problem with the Attorney-General's Chambers. We cooperate well, but only in terms of administration.
27. Q: There are many criminal cases where the prosecution has lost due to procedural matters, and this has posed a problem for the public. What is your comment, Tan Sri?
A: I have observed this and have conveyed my views to the Attorney-General's Chambers. But this is outside the scope of the judiciary.
In fact, next week I am meeting with the Attorney-General's Chambers, the police, the Chemistry Department and the Health Department (which provides the pathologists) to discuss ways to expedite hearings. But this is outside the scope of my duties. This is the work of the Attorney-General. I am doing this to seek justice and expedite the backlogged cases.
28. Q: How does it feel to be a Chief Justice?
A: I am not used to being treated as a VIP. I have told my bodyguard to stay 20 feet away. When he carries my bags, I tell him to let me carry one and to walk with me. Then when people look at us, they would think we are friends. Thats me. Yesterday, I went to Kuching. They sent me a traffic escort and I told them I do not need an escort but it was insisted by the Kuching High Court because I was rushing to and from the airport. I was there just one day. This is the way I work. I go in the morning and after work I come back in the afternoon. I do not stay overnight and play golf the next day, which I can. I want my staff to know that we should be working and working fast to settle things.
29. Q: What do you want to say in conclusion, Tan Sri?
A: Thank you. One cannot implement one's plans without the full support of one's staff, and in this situation without the full support of the lawyers, the Attorney-General's Chambers.
I seek the cooperation of the people not to tempt members of the judiciary to accept bribes. As for the media, I find that the media likes to sensationalise certain cases. I ask the media to report accurately, which would enhance the standard of the judiciary. I hope the media will understand this.
-- BERNAMA
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