The government has been urged to set up a commission of inquiry comprising eminent jurists to review newly-appointed Federal Court judge Mohtar Abdullah's seven-year tenure as Attorney-General.

DAP chairman Lim Kit Siang, in making the call today, said that there should be a vigorous public debate on Mohtar's tenure as AG, especially as it was under his watch that the system of justice suffered its worst loss of public confidence in the independence, impartiality and integrity of the judiciary.

"Mohtar must take direct responsibility for the serious erosion of public confidence in the system of justice as under Article 145 (2) of the Constitution, it was his duty to advise the government on all legal matters," he said in a statement.

Lim added that the inquiry should examine if Mohtar had carried out the discretionary power assigned to him fairly and judiciously, as well as whether or not he has been guilty of selective prosecution and justice.

"It should also examine in particular his decisions and conduct in many high-profile cases which had collectively brought the Malaysian justice system to such ill repute both locally and internationally," Lim said, citing the cases involving former deputy prime minister Anwar Ibrahim, DAP deputy chairman Karpal Singh, DAP vice-chairman Lim Guan Eng and women's rights activist Irene Fernandez.

Lim added that the Cabinet should also take note of the national disgust and disquiet at Mohtar's appointment as Federal Court judge and discuss the issue at its weekly meeting to be held tomorrow.

"No judicial appointment in the nation's history has received so widespread a public disapprobation and regarded as a threat to judicial reforms to restore public confidence in the judiciary," he said.

Mohtar, whose term of service as AG expired on Dec 31 last year, was appointed a Federal Court judge on Jan 23.

He was hotly tipped to succeed Eusoff Chin as the new Chief Justice. However, following the appointment of Mohamed Dzaiddin Abdullah as CJ, Mohtar's subsequent appointment as a Federal Court judge raised many eyebrows.

Before being appointed AG in 1994, Mohtar was a High Court judge serving in Kuala Lumpur and Ipoh. He is also the first AG to be appointed as a Federal Court judge.

'Well-founded concerns'

The opposition front and several non-governmental organisations have publicly declared their objection and protest at his latest appointment. Many have also argued that it would not be appropriate for Mohtar to now sit on the Federal Court where cases he prosecuted earlier may come up for appeal.

The Malaysian justice system in recent years has also been attacked by a slew of international assessments such as the "Justice in Jeopardy: Malaysia 2000" report.

Prepared last April by four international legal organisations, the report concluded that there were "well-founded" concerns about judicial independence in Malaysia.

Malaysia was also ranked as amongst the five countries with the worst legal systems in Asia, trailing behind Singapore, Japan, Hong Kong, Taiwan, the Philippines, Thailand and South Korea, while only ahead of India, Vietnam, China and Indonesia in a recent survey taken from expatriate businessmen in Asia by Hong Kong-based Political and Risk Consultancy.