Court of Appeal judge Gopal Sri Ram, who has been repeatedly overlooked for promotion to the Federal Court, has found a supporter in former chief judge of Malaya Anuar Zainal Abidin.

Anuar said he felt sorry for Gopal, who should have been promoted to the country's highest court a long time ago as the judge had proven himself.

He added he felt "bad" that judges with less experienced and calibre - including those who had heard former deputy prime minister Anwar Ibrahim's trials and appeals - have since bypassed Gopal.

"I feel sorry for Sri Ram. I feel that he should have been at the Federal Court by now," he told malaysiakini in an exclusive interview.

"If you look at our judges - as far as the legal brain is concerned - Sri Ram is far ahead of anyone. He should be in the Federal Court. We lose a good brain in the apex court if he is not elevated."

Anuar believed that there was no real reason for Gopal (right) to be denied a seat in the Federal Court as he not only has the intellectual capability but is the most senior judge in the appellate court.

"If we take seniority (as the criteria), Sri Ram is one of the most senior. If we take intellect, Sri Ram is far ahead than the others. So what would be the reason for him not being able to go up?"

While Anuar cannot confirm the real reason why Gopal was denied promotion, he suspected that it could be due the "strong words" the judge used in some of his judgments.

"A lot of people don't like him because of his judgment and sometimes he uses words that can break people's hearts," he quipped.

Gopal is known for his well-written but controversial judgments including the Metramac judgment in which he stated that high profile businessman Halim Saad had siphoned RM32.5 million from the toll operator, and that he had enjoyed former finance minister Daim Zainuddin's patronage.

Last month, he ordered Anwar's adopted brother Sukma Darmawan Sasmitaat Madja to be re-tried for a sodomy offence.

In 1994, then a senior lawyer, he was appointed directly into the appellate court in 1994 - bypassing the High Court - by then chief justice Eusoff Chin.

Since then, the country had seen more junior judges promoted to the apex level, including Justice Augustine Paul, who had sentenced Anwar to nine years' jail for corrupt practices.

Another was Pajan Singh Gill (who has since retired), who had upheld Anwar's sodomy conviction, which was later overturned by the Federal Court.

Such 'leap-frog promotions' had raised concern among the legal fraternity and early last month, opposition leader Karpal Singh - who is a lawyer by training - had in Parliament sought the government's explanation on why Gopal was overlooked for promotion.

With the retirement of Pajan last month, there is currently one Federal Court vacancy.

Backing for Bar Council's idea

In the two-hour interview, Anuar also expressed his support to the Bar Council's proposal for a special commission responsible for judicial appointments and promotions.

He, however, cautioned that the proposed commission should be restricted to the key people in the legal fraternity, such as former judges, members of the Bar and the Attorney-General's Chambers.

"Certainly politicians should not be in there because they tend to have political bias. I also would not want to see the executive (government) to be members. If the executive becomes a part of the commission, this would negate the very idea of an independent judiciary."

He believed that proper selection of judges would also help curb corrupt practices within the judiciary.

Anuar, who spent 30 years in judicial service, also disagree with Eusoff's statement that Article 127 of the Federal Constitution meant that the conduct of judges should not be open to public scrutiny.

The ex-chief justice told the News Straits Times that "if discussing a judge's conduct in Parliament is limited by Article 127, what more discussions in the press." He also suggested that the restriction applies to retired judges as well.

"The constitution specifically uses the word 'Parliament'. It means only the Parliament cannot discuss, but I can and you can (too). This is where I disagree with Eusoff Chin... he says you can't," said Anuar.

Yesterday: Anuar: Reopen probe into 'poison pen' letter