I am quite disappointed with the appointment of Mohtar Abdullah as a Federal Court judge. Mohtar, as the previous Attorney-General, has personally prosecuted two of the most controversial cases in Malaysian history - the Anwar Ibrahim cases of corruption and sodomy. The corruption case is now awaiting appeal in the Federal Court. To now place Mohtar would raise very great suspicion of possible bias. This not only applies to Anwar's case but the many cases Mohtar was involved in or consulted upon during his tenure as Attorney-General.

It is a basic principle of judicial administration that justice must not only be done, but must be seen to be done. Mohtar's appointment raises doubts in the minds of the public whether justice is seen to be done at all. Mohtar himself fortifies our fears in his reported statement (in News Straits Times, Jan 24) given at his swearing-in ceremony:

"I would also like to thank the government for having the confidence in appointing me as a Federal Court judge," he said, adding that he would serve the government in any capacity. (italics mine)

The emphasised phrase indicated that Mohtar regarded being a Federal Court judge as a capacity to serve the government. This is obviously unacceptable. Judges should not serve the government; they must only serve justice. The government is not synonymous with justice and fairness, as we have come to know all too well in the recent years.

If a judge were to make such a statement in public in England, he would have been removed or, at least, severely reprimanded for lacking an understanding of his role in the judiciary. Unfortunately, that is unlikely in Malaysia.

It is with great trepidation that I await Mohtar's actions as a Federal Court judge. He will be closely watched.