It's ODD - that there has been almost no NEWS after the Malay Mail and FMT reports entitled
Report: AG Ahmad Terrirudin poised for promotion to Federal Court, potential candidate for Chief Judge of Malaya(Malay Mail)
AG Ahmad Terrirudin Salleh tipped to be Federal Court judge, say sources(FMT)
Even the Media Statement issued by MADPET was not reported - No
to the appointment of current Public Prosecutor as Federal Court Judge
or Chief Judge of Malaysia – Protect the Independence of Public
Prosecutor and the Judiciary ### Another removal of the Public
Prosecutor/Attorney General? - read this post for the additional arguments, besides the Media Statement
The government or our 'information' Minister Fahmi have been SILENT - If it was a FAKE NEWS, I believe that the government would have come out fast to CLARIFY. Hence, what was alleged in the Malay Mail and FMT report MAY likely be true???
No media reports making any corrections about the report too.
Has there been a "MEDIA BLACKOUT" in place, possibly by the government, until the appointment is considered by the Conference of Rulers, and appointed by the King?
A DISTURBING TREND in PM Anwar's administration is the LACK OF TRANSPARENCY and a lack of pre-appointment discussion or consultation.
Many of the provisions in our Federal Constitution and laws - talk about the KING having to act on the advice of the Prime Minister. This means effectively that the King has no choice BUT do as the Prime Minister says.
Article 40(1A) of the Constitution makes it very clear '(1A) In the exercise of his functions under this Constitution or federal law, where the Yang di-Pertuan Agong is to act in accordance with advice, on advice, or after considering advice, the Yang di-Pertuan Agong shall accept and act in accordance with such advice.
So, when the Prime Minister decides - is it JUST HIS OWN DECISION and not the decision of the Pakatan Harapan parties (PKR,DAP,Amanah and UPKO)? Just Anwar's decision or a PH decision?
Is it just Anwar's decision or a Cabinet decision? If it was a Cabinet's decision, then at least there is some sort of "CHECK AND BALANCE" to Anwar doing as he pleases. Article 43(3)'(3) The Cabinet shall be collectively responsible to Parliament.' Reasonably then, any or all decisions of the Prime Minister and/or any other Minister should require the discussion and approval of the Cabinet - so, decisions by PM or any Minister alone.
Are the PH and the other parties in the Unity Government part of the decision making process? Or just PM Anwar?
Parliament obviously seems not to be consulted YET - when really it is BEST that Parliament is consulted(or better still approval sought) in the appointment of important positions, that ought to be INDEPENDENT, like the Chief of MACC, Attorney General/Public Prosecutor, Judges, etc >It is very very dangerous to allow Anwar Ibrahim 'dictator-like' powers to do as he pleases unchecked.
Now, during the Anwar Ibrahim era, he has been using the King and even Conference of Rulers with regards to 'appointments' made by him(after all the King or even the Rulers have no POWER to not do as 'advised by the Prime Minister'
Tan Sri Azam Baki has been reappointed as the Chief Commissioner of
the Malaysian Anti-Corruption Commission (MACC) for another year,
effective this Sunday. Chief Secretary to the Government, Tan Sri
Mohd Zuki Ali, stated that the reappointment was consented to by His
Majesty, the King of Malaysia, Sultan Ibrahim.“The
King has consented to the reappointment of Tan Sri Azam Baki as the
Chief Commissioner of MACC for a period of one year effective May 12,
2024,” he said in a statement today. - Malay Mail, 10/5/2024 Section 5 MACC Act says (1) The Yang
di-Pertuan Agong shall, on the advice of the Prime Minister, appoint a
Chief Commissioner of the Malaysian Anti-Corruption Commission for such
period and on such terms and conditions as may be specified in the
instrument of appointment.
"In accordance with Clause (1) of Article 145 of the Federal Constitution, His Majesty the Yang di-Pertuan Agong also approved the appointment of Ahmad Terrirudin as the new Attorney-General." - NST, 1/9/2023 Art.145 says '(1) The Yang di-Pertuan Agong shall, on the advice of the Prime Minister, appoint a person who is qualified to be a judge of the Federal Court to be the Attorney General for the Federation.
In short, it the Prime Minister that chooses - and the King really has no choice but to do as the King advices.
BUT, noting that in Malaysia, many still have a feudalistic or neo-feudalistic mentality - and thus when it is said that the King appointed, or consented to any appointment - people are 'afraid' to criticize the appointment, wrongly believing that by so doing, they are going against the King or the Rulers. Not TRUE - because the ultimate decision maker is the Prime Minister - so, legitimate criticisms of people picked by PM or may be picked by the PM for new appointments is OK. It is not a criticism of the King or Rulers, who really have NO CHOICE but to do as the Prime Minister advices.
Anwar Ibrahim's government have also been pushing the '3R', where one of the R is the Royalty, threatening that the government will take legal action, using even the Sedition Act, in cases involving the royalty, where one of criminalized 'seditious tendencies' is '(a) to bring into hatred or contempt or to excite disaffection against any Ruler...'. And some have been charged in court too allegedly for doing things that may cause 'disaffection' against the royalty.
So, now there is news of a possible appointment of the sitting Attorney General/Public Prosecutor to be a Federal Court Judge, and maybe then appointed as the Chief Judge of Malaya. The 'silence' following the highlighting of this possibility is SAD - for views of Malaysians may even lead to the Conference of Rulers and even the King raising reasonable questions about the appointment.
YES, it is true that the Prime Minister is ALL POWERFUL with regard the appointment of a Federal Court Judge, or even the Chief Judge of Malaya - all that the Prime Minister need to do is MERELY Consult the Chief Justice of the Federal Court, and/or the Conference of Rulers. The Prime Minister is not required to follow their views. The King, however, have to follow the advice of the PM.
Art. 122B Federal Constitution- Appointment of judges of Federal Court, Court of Appeal and of High Courts
(1) The Chief Justice of the Federal Court, the President of the Court of Appeal and the Chief Judges of the High Courts and (subject to Article 122C) the other judges of the Federal Court, of the Court of Appeal and of the High Courts shall be appointed by the Yang di-Pertuan Agong, acting on the advice of the Prime Minister, after consulting the Conference of Rulers....
(4) Before tendering his advice as to the appointment under Clause (1) of a judge other than the Chief Justice, President or a Chief Judge, the Prime Minister shall consult, if the appointment is to the Federal Court, the Chief Justice of the Federal Court, if the appointment is to the Court of Appeal, the President of the Court of Appeal and, if the appointment is to one of the High Courts, the Chief Judge of that Court.
TIME FOR REFORM - End the 'dictator-like' powers of the Prime Minister
a) Any decision of the Prime Minister and/or any Minister should require the PRIOR APPROVAL of the Cabinet. Should it be unanimous, two third majority or simple majority? The fact that it is the Cabinet that ultimately is collectively responsible to Parliament - not the Prime Minister or any other Minister is one good reason.
b) Any decision with regard the appointment of HEADS of law enforcement bodies like the police and MACC should require PRIOR APPROVAL of Parliament, for after all the Prime Minister also may commit crime which these law enforcement bodies are duty bound to investigate and prosecute.
c) Any appointment of the Attorney General/Public Prosecutor should require Prior Approval of Parliament.
d) Any appointment of Judges should be by the KING acting on the advice of the Judicial Appointments Commission - and not the Prime Minister.
e) TRANSPARENCY - Inform the people of persons being considered to be appointed on the advice of the Prime Minister. People may know reasons why a person should not be appointed to that position, which the PM may not be aware of. It can ensure that the 'wrong' person is not appointed by the King on the advice of the Prime Minister.
Now, a Judge or a Public Prosecutor/Attorney General should never be appointed to any other position as the INDEPENDENCE of judges and PP/AG is secured by SECURITY OF TENURE - a 'guarantee' that they will not be removed until their RETIREMENT AGE - a safeguard to ensure INDEPENDENCE. So, if AG Ahmad Terrirudin is REMOVED prematurely to be appointed Federal Court Judge or CJM, it undermines this safeguard to ensure INDEPENDENCE. No one, even the King, should not remove a sitting Judge or AG/PP. ...
At present, it is very difficult to remove a JUDGE or an Attorney General -
Article 125 (3) states: If the Prime Minister, or the Chief Justice after consulting the Prime Minister, represents to the Yang di-Pertuan Agong that a judge of the Federal Court ought to be removed on the ground of any breach of any provision of the code of ethics prescribed under Clause (3b) or on the ground of inability, from infirmity of body or mind or any other cause, properly to discharge the functions of his office, the Yang di-Pertuan Agong shall appoint a tribunal in accordance with Clause (4) and refer the representation to it; and may on the recommendation of the tribunal remove the judge from office.
The same procedure applies also for the removal of Public Prosecutor/Attorney General. Article 145 (6) seems to say that for Attorney General/Public Prosecutor - '...shall not be removed from office, except on the like grounds and in the like manner as a judge of the Federal Court.
TRUE - in the past, Federal Court Judges were appointed as Attorney General/PPs - it was a BAD precedence. That should not be followed by PM Anwar Ibrahim...
Report: AG Ahmad Terrirudin poised for promotion to Federal Court, potential candidate for Chief Judge of Malaya
KUALA LUMPUR, July 9 – Attorney General (AG) Datuk Ahmad Terrirudin Salleh is reportedly expected to be appointed as a Federal Court judge, with the possibility of later assuming the role of Chief Judge of Malaya (CJM).
Free Malaysia Today reported citing a source that Terrirudin’s nomination has been submitted by the Prime Minister’s Office for approval by the Conference of Rulers, which will convene next week.
“He is likely to be appointed a Federal Court judge first, with the CJM appointment anticipated by the end of September, adhering to constitutional requirements,” said the anonymous source cited by the news portal.
The report also claimed that there is also a possibility that Terrirudin may be made a judge of the apex court while leaving the CJM position — the third-highest position in Malaysia's judiciary — temporarily vacant.
The source however did not explain the reasoning behind this potential move.
Currently, Court of Appeal president Tan Sri Abang Iskandar Abang Hashim is performing the duties of CJM on an interim basis.
The CJM post became vacant following the mandatory retirement of Justice Tan Sri Mohamad Zabidin Mohd Diah on February 29.
Terrirudin was formerly the solicitor general before being appointed the AG on September 6 last year.
He had replaced his predecessor Tan Sri Idrus Harun whose contract ended on September 5. - Malay Mail, 9/7/2024AG Ahmad Terrirudin Salleh tipped to be Federal Court judge, say sources
The current attorney-general is also in line to assume the post of Chief Judge of Malaya, left vacant since Feb 29 following Zabidin Diah’s retirement.
PETALING JAYA: Attorney-General (AG) Ahmad Terrirudin Salleh is tipped for appointment as a Federal Court judge and may later be appointed to occupy the post of Chief Judge of Malaya (CJM), the third highest post in the judicial hierarchy, sources say.
A source said Terriruddin’s name was submitted by the Prime Minister’s Office for endorsement by the Conference of Rulers at its meeting next week.
“He is likely to be appointed a Federal Court judge first and CJM by the end of September in accordance with constitutional requirements,” the source told FMT.
Another possibility is for Terrirudin, 56, to be made a judge of the apex court, with the CJM’s post left vacant for the time being. The reason for such a move is unclear, the source said, although the possibility of it happening is remote.
Court of Appeal president Abang Iskandar Abang Hashim presently performs the duties and functions of the CJM on an interim basis.
The CJM position became open following the mandatory retirement of Zabidin Diah on Feb 29.
On June 6, FMT reported that the authorities were toying with the idea of roping in an “outsider”, such as Terrirudin or a senior lawyer, to take up the position.
Terrirudin meets the qualifications to be made a Federal Court judge since Article 145 of the Federal Constitution makes it a prerequisite of his current post.
Under Article 123 of the constitution, a person qualifies to be a Federal Court judge if he is a citizen, and has for the 10 years preceding his appointment been a practising lawyer or a member of the judicial and legal services.
A precedent for this was established when Mohtar Abdullah was made Federal Court judge soon after he retired as AG in 2002.
At the time, it was widely believed that Mohtar would rise to become the chief justice.
However, less than three months into his term, Mohtar suffered a stroke. He died on July 7, 2003, aged 59.
Terrirudin, who began his career as a legal officer in 1992 has served in various positions, including as a sessions court judge and later as chairman of the Industrial Court in Penang and Kuala Lumpur.
He was also deputy head of the civil division in the Attorney-General’s Chambers and served as Kedah State Legal Advisor before being made chief registrar of the Federal Court in 2019.
On March 25, 2022 he was appointed solicitor-general and rose to become AG on Sept 6 last year.
Lawyer Syed Iskandar Syed Jaafar said it is not uncommon in Commonwealth countries for the AG to be appointed to a top administrative position in the judiciary.
He said Singapore’s former AGs Chan Sek Keong and Sundaresh Menon both went on to be appointed their country’s chief justice.
“However, parachuting Terrirudin straight into the apex court without going through the Judicial Appointments Commission (JAC) is a cause for concern,” he added.
Lawyer Rafique Rashid Ali said he was perplexed as to why the authorities are putting aside the longstanding practice, prevalent since Merdeka, of appointing serving Federal Court judges to the post of CJM.
“The present 10 apex court judges started as judicial commissioners and most have fulfilled all the selection criteria outlined in the JAC Act to occupy the post,” he said.
FMT understands the JAC had proposed at least four judges, who each have between four and five years left in office, to occupy the post of CJM, with the possibility of being further elevated.
“The younger ones were proposed to facilitate the JAC’s succession plan as the Chief Justice and Court of Appeal President will also retire by July next year,” said a source.
Lawyer Salim Bashir said under Article 122B of the Federal Constitution, all appointments of judges to the top positions in the judiciary are made by the Yang di-Pertuan Agong, acting on the advice of the Prime Minister, and in consultation with the Conference of Rulers.
“The JAC under the (JAC) Act merely proposes
names for appointments. However, under the constitution, the final
decision rests with the prime minister,” he said. - FMT, 9/7/2024
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