Newly-appointed Chief Justice Ahmad Fairuz Sheikh Abdul Halim should be given a chance to prove himself before his performance in implementing judicial reforms is rated, several lawyers said.

Senior lawyer and former Bar Council chairperson Zainur Zakaria said co-operation between the Bar and the Bench was crucial for any judicial reform to succeed.

"What's important is that he is willing to listen to the Bar's views, as has been the case even in the past. Let him carry o­n first and see what happens later," he said when asked to comment o­n the 62-year-old judge's appointment announced yesterday by Yang di-Pertuan Agong Tuanku Syed Sirajuddin Syed Putra.

Not just a lip service

Outgoing Chief Justice Mohamed Dzaiddin Abdullah (photo), who has during his tenure moved to cut a backlog in appeal cases and boost legal efficiency, urged his successor to carry o­n with reforms to give the judiciary a new face.

"I hope I have set the right tone for the entire judiciary. For to me, it is crucial that the face of the judiciary has to have a different complexion," he was quoted as saying by Bernama news agency.

"It is critical that judicial independence must be manifested and not given mere lip service."

'Nothing controversial'

Former Bar Council vice-chairperson Roy Rajasingham said it was quite natural to expect fresh ideas from any new appointees, especially o­ne involving a high office such as the head of the judiciary.

"He might follow up o­n what his predecessor has already introduced, make the necessary changes if the expected results are not seen or he may add something totally new," he said.

Acknowledging that Dzaiddin idea for fast-track disposal of cases was a good move, he said further comments o­n its success were not possible due to an absence of a comprehensive analysis.

Senior lawyer Balwant Singh Sidhu said the appointment was nothing controversial as Ahmad Fairuz was the obvious choice based o­n his position as the president of the Court of Appeal.

He also said it would be wrong to pre-judge anyone before the person takes office.

"Take (Deputy Prime Minister Abdullah Ahmad Badawi) Pak Lah, for instance. He has yet to become prime minister but can we comment o­n his future performance now?"

On whether Ahmad Fairuz would be able to continue from where his predecessor left off, Balwant responded: "I don't see why not.

"But it's just not fair to pre-judge him before he can do anything. We have to give him a chance and reserve whatever comments for later."

Balwant also described the new chief justice, who will receive his appointment letter o­n Monday, as "a fair-minded man".

Mutual responsibility

Meanwhile, DAP chairperson Lim Kit Siang (photo) urged Ahmad Fairuz to complete his predecessor's task of restoring public confidence in the judiciary and to form a public commission comprising "judges, lawyers and lay persons" to propose extensive judicial reforms.

Lim said the focus now was o­n how Mohamed Dzaiddin has fared 27 months after declaring top priority for restoring public confidence in the independence of the judiciary, and its impartiality and integrity.

"I believe it can be said without fear of challenge that he has stopped the rot in the judiciary which had progressively worsened over the past 12 years...but there is still a long way to go. Is Ahmad Fairuz fully committed to continue the long and hard task ahead?" he said in a statement.

Lim said o­ne weakness of Mohamed Dzaiddin's tenure was the absence of public involvement in judicial reform.

"It is not o­nly the judges but legal practitioners and all Malaysians who should fully participate in this process," he said.

Recapping Mohamed Dzaiddin's appointment in December 2000, Lim said he had asked the chief justice to make the justice system relevant to the people, including how to hold the other branches of government accountable, particularly through judicial review of public officials' actions.

Lim said the issues raised at the time included access to justice for all Malaysians, especially the poor, how to combat corruption, how to foster free speech and an independent media, and how to respond to progressive demands for efficiency, integrity and fairness.