Was recent appointment of judges LEGAL? Was the JAC and/or Heads of Judiciary involved in premature removal of AG/PP? When will Anwar 'OBEY' Conference of Rulers?

End of February - No Chief Justice of the High Court of Malaya >> WHY did it take over 8 MONTHS  - Should we BLAME the Judicial Appointment Commission(JAC) for not giving PM Anwar Ibrahim the name of the NEW Chief Judge of Malaya? Or was it a problem with Anwar himself - who wanted the POWER to pick 'his Judge' for that role, and thus delayed appointment until the JAC forwarded the name that Anwar wanted? We urge the PM to be TRANSPARENT and explain the delay....

With regard to JUDGES, the problem has always been the issue of the sitting Prime Minister choosing the JUDGES... 

NOBODY wants a situation where a sitting Prime Minister can choose and appoint judges ... more so, when it has been acknowledged a FACT that sitting Prime Ministers, Ministers,etc...can commit crimes, and it is ABSURD for them to be tried before Judges chosen by them... Does this mean that everyone who has a case against Anwar Ibrahim, because the presiding Judge was chosen by PM ANWAR? That is why the Prime Minister should have NO ROLE in choosing Judges...the choosing should be by a INDEPENDENT body...

On or about 2007,

“latest crisis in the judiciary” as shown by the expose through a video clip of a lawyer’s lengthy discussion with a senior judge and the alleged brokering of the appointment and promotion of judges,...

This led to about 2,000 lawyer members and the Malaysian Bar acting - they exercised their right of Peaceful Assembly to highlight this issue, including the demand that there be an INDEPENDENT Judicial Appointment Commission(JAC)

On September 26, 2007, about 2,000 lawyers gathered at the entrance of the Palace of Justice in Putrajaya, before marching to the Prime Minister’s Office to deliver the Bar Council’s memorandum.Malaysian Bar urged the prime minister to strengthen the independence of the judiciary through judicial reform and to introduce a Judicial Appointments Commission (JAC) to restore public confidence in the judiciary.

On April 17, 2008, then prime minister Tun Abdullah Badawi announced that the government proposed to set up a JAC, with the aim of making the nomination, appointment and promotion of judges a more transparent process.

Well, the government responded by tabling the Judicial Appointments Commission Bill - which created the Judicial Appointments Commission(JAC) but still gave the power to the PRIME MINISTER to 'influence' the selection process -  because 5 members of the JAC were persons determined by the PM.

The Conference of Rulers today proposed the removal of the prime minister's power to appoint five representatives to the nine-member Judicial Appointments Commission (JAC), the body which proposes candidates to be made judges in the superior courts...In its statement, the conference said the JAC in its present composition had weaknesses, adding that its membership was critical to ensure that only those with intergrity are appointed to judicial posts. Presently, four of the nine JAC members are made up of senior judges, while the remaining five are appointees of the prime minister. Tuanku Muhriz said a more balanced membership was needed so that appointments would not be biased towards any parties.

"To ensure the independence of JAC in carrying out its responsibilities, I propose that the appointment of its five members should not be made by the prime minister. "Instead it should be given to other institutions such as the Malaysian Bar Council, the Sabah Law Society, the Sarawak Bar Association and the Parliamentary Select Committee," he said.... Malaysia Now, 30/11/2022

2 YEARS LATER, and PM Anwar Ibrahim has still failed to act on the recommendation of the Conference of Rulers. WHY?

And, recently 4 of his political appointees were again appointed to the JAC -

(Nov 18): Prime Minister Datuk Seri Anwar Ibrahim has appointed former attorney general Tan Sri Idrus Harun, former Federal Court judge Tan Sri Zainun Ali, former Sarawak AG Datuk Seri Talat Mahmood Abdul Rashid and Universiti Teknologi Mara law lecturer Dr Hartini Saripan as members of the Judicial Appointments Commission (JAC). - Edge, 18/11/2024

After the enactment of the Judicial Commission Act, it is legally mandatory that the JAC makes their RECOMMENDATIONS to the Prime Minister of all NEW Judges to be appointed, and also Judges to be elevated - BUT the problem was the VACANCY in the JACs - a vacancy that made a problem for the JAC to meet the requisite QUORUM. So, the question is WHETHER the recent appointment of the Chief Justice of the High Court in Malaya Datuk Seri Hasnah Mohamed Hashim, some  eight Court of Appeal judges, Fifteen High Court judges,...is LEGAL or ILLEGAL?  

...the JAC’s role in selecting candidates for judicial appointments with integrity and independence.  Their appointments also restore the JAC’s ability to convene after a quorum issue rendered it inoperative since September 2024. - Malaysian Bar President's Statement, 12/11/2024

Noting that the JAC was 'crippled' by reason of a quorum issue BECAUSE Anwar Ibrahim again was INCOMPETENT when he failed to immediately fill the vacancy, when the previous 4 appointees terms expired on 4/9/2024. A competent Prime Minister will ensure that there is NO GAPS - so that the JAC would have been always been operational. The new members of the JAC should have appointed the day the term of the previous batch of appointees expired.

Chief Justice of the High Court in Malaya is also a member of the Judicial Appointment Commission (JAC). There are 4 members of the JAC -Chief Justice, President of the Court of Appeal, the Chief Justice of the High Court in Malaya, and the Chief Justice of the High Court of Sabah and Sarawak. Court of Appeal president Tan Sri Abang Iskandar Abang Hashim performed the duties and functions of Chief Justice of the High Court in Malaya until the position was permanently filled recently. What this meant for the JAC was significant as the heads of the Judiciary's votes was reduced to 3 persons(with 3 votes) not 4 person - noting that the other 5 were politically choosen by the PM?

Chief Justice of the High Court in Malaya also has a ROLE to play with the appointment of High Court Judges and Judicial Commissioners - as per the Federal Constitution. Was the delay of appointment of the CJ of HC of Malaya intentional - to prevent participation in choice of Judges/Judicial Commissioners? Think about it.

ANOTHER ISSUE - did PM Anwar Ibrahim appoint Judges as recommended by the Judicial Appointments Commission(JAC) OR did Anwar ignore the JAC and appoints persons he wanted to be Judges. All ANWAR needs to do now is to come out and STATE that he appointed Judges as per the JAC's recommendations - will he speak out.

BUT THEN, there is a problem with Federal Court Judge, Tan Sri Ahmad Terrirudin Mohd Salleh. Personally, i do not think that the JAC would have ever considered or recommended a sitting Attorney General/Public Prosecutor to be appointed a Federal Court Judge... different, if he had already retired some months back. But Terriruddin was said to be 56 - many years before he retires...

PUTRAJAYA will name solicitor-general (SG) Ahmad Terrirudin Mohd Salleh the new attorney-general (AG) to replace Idrus Harun, said sources...Terrirudin is 55, and was appointed SG in March 2022. - Malaysian Insight, 1/9/2023

Ahmad Terrirudin is DIFFERENT. Terrirudin  was not a Attorney General/Public Prosecutor appointed for a fixed contractual term - which happens for some AG/PP before him - Appandi, Tommy Thomas, Idrus...i.e. those who were over tetirement age, or those brought in not from the public service. As a public officer, Terrirudin ought to have remained Attorney General/Public Prosecutor until his retirement at 60.

So, in my opinion, the PREMATURE REMOVAL of a sitting Attorney General/Public Prosecutor is WRONG - but the method used, however creative, as in this case by the appointment as a Federal Court Judge is still unacceptable? Did Terrirudin even have the RIGHT to oppose his 'wrongful dismissal'? Can he say NO when told that the KING approved your appointment as Federal Court Judge? By the way, for a AG to be appointed a Federal Court Judge, I see it as a DEMOTION... 

SO,

DID the JAC participate in the premature removal of Terrirudin? Did they even recommend a sitting Attorney General to be appointed a Federal Court Judge? IF YES, I will be dissapointed and would be curious as to how the JAC members voted???

Did the heads of Malaysian Judiciary agree to this? 

The issue is also about the INDEPENDENCE of the Public Prosecutor(and here in Malaysia also the Attorney General for now) - I believe that the PUBLIC PROSECUTOR(at least) must be INDEPENDENT and certainly not be a "Yes-Men" or persons whose actions can be dictated by the Prime Minister or government of the day. 

One safeguard - SECURITY FOR TENURE - and that means Terrirudin should have remained Attorney General/Public Prosecutor until he RETIRED as a Public Officer at the Age of 60. 

Malaysia is in the PROCESS of separating the AG and Public Prosecutor...and this is BEST, for at the end of the day, the Attorney General is the government's lawyer - who also acts in defence of public officers, Ministers and Government against other Malaysians. The AG is really more a 'political appointee', very different from the Public Prosecutor who is more about law enforcement and prosecution of criminals...who can also be sitting Ministers,...

Malaysian Bar calls on Mohamed Apandi Ali to immediately resign as Attorney General, for the good of Malaysia.. Malaysian Bar Resolution on the Attorney General, Public Prosecutor and Improvement of Public Perspective of Administration of Justice in Malaysia

ONE QUESTION needs further discussion - Was AG/PP Terrirudin REMOVED by Prime Minister Anwar Ibrahim or NOT? Being a Public Officer, I do not believe that Terrirudin's appointment was for a fixed contractual term - which means he cannot be easily REMOVED until he retires at the retirement age?

 

A siting AG/PP should never have been recommended to be appointed Judge, by the JAC or any of the Heads of Judiciary? If they did, it was WRONG as it is tantamount to REMOVAL or DISMISSAL, and when it comes to REMOVAL of AG/PP - the same policy and practice that is used for the Removal of Judges should apply.

 

The Federal Constitution must be amended - thus amendment of the JAC Act only will not do. The King should appoint judges based on the ADVICE of the JAC, and importantly the JAC too must be independent - and the Prime Minister shall have no way of getting his 'people' into the JAC...this was the advice of the Conference of Rulers too...

See some earlier posts: 

Questionable appointment of Dusuki b4 previous AG reaches retirement age? Dusuki and link to Zahid's case? We need an Independent Public Prosecutor..

JUDICIAL APPOINTMENTS COMMISSION BILL 2008 - not at all what the people asked for...

Amend Federal Constitution and Judicial Appointments Commission Act 2009 to remove Prime Minister’s role in appointment and elevation of judges in Malaysia. PM must disclose whether recent appointments is as per recommendation of the Judicial Appointments Commission or not. (MADPET)  

 

 

Appointment of former AG Idrus Harun, three others to Judicial Appointments Commission confirmed

By Hafiz Yatim / theedgemalaysia.com
18 Nov 2024, 01:22 pmUpdated - 05:27 pm
main news image

KUALA LUMPUR (Nov 18): Prime Minister Datuk Seri Anwar Ibrahim has appointed former attorney general Tan Sri Idrus Harun, former Federal Court judge Tan Sri Zainun Ali, former Sarawak AG Datuk Seri Talat Mahmood Abdul Rashid and Universiti Teknologi Mara law lecturer Dr Hartini Saripan as members of the Judicial Appointments Commission (JAC).

Their appointment for a two-year period under Section 5(1) of the Judicial Appointments Commission Act 2009 is effective from Nov 1 this year to Oct 31, 2026, the JAC secretary said in a statement on Monday.

“Their appointments are to replace former chief justice Tun Md Raus Sharif, former Federal Court judge Tan Sri Suriyadi Halim Omar, former Sarawak AG Datuk Abdul Razak Tready and law lecturer Datuk Dr Shamrahayu Ab Aziz, where their term expired on Sept 3 this year.

“JAC would like to thank the contribution made by Md Raus, Suriyadi, Abdul Razak and Shamrahayu for the duration of them being a member,” JAC added in the statement.

The statement confirmed The Edge’s earlier report on Nov 11 that announced Idrus, Zainun, Talat and Hartini’s appointment to the JAC.

Newly appointed Chief Judge of Malaya (CJM) Datuk Seri Hasnah Mohamed Hashim, by virtue of being the CJM, will replace her predecessor Tan Sri Mohamad Zabidin Mohd Diah as the fifth member.- Edge, 18/11/2024

King confers appointment letters to 25 judges, including new Chief Judge of Malaya

His Majesty Sultan Ibrahim hands appointment documents to Chief Justice of the High Court in Malaya Datuk Seri Hasnah Mohamed Hashim at the presentation ceremony and awarding of appointment documents for judges of the Federal Court, Court of Appeal and High Court at Dewan Singgahsana Kecil, Istana Negara November 12, 2024. — Bernama pic

Tuesday, 12 Nov 2024 4:59 PM MYT

KUALA LUMPUR, Nov 12 — His Majesty Sultan Ibrahim, King of Malaysia, today granted an audience and handed over instruments of appointment to 25 judges at Istana Negara here.

The ceremony, held at Dewan Singgahsana Kecil, began with the conferment of the appointment letter to the Chief Judge of Malaya, Datuk Seri Hasnah Mohamed Hashim, followed by Federal Court Judge, Tan Sri Ahmad Terrirudin Mohd Salleh.

His Majesty then conferred appointment letters to eight Court of Appeal judges, namely Datuk Noorin Badaruddin; Datuk Seri Mohd Firuz Jaffril; Datuk Dr Alwi Abdul Wahab; Datuk Faizah Jamaludin; Datuk Ahmad Kamal Md Shahid; Datuk Ismail Brahim; Datuk Wan Ahmad Farid Wan Salleh and Datuk Ahmad Fairuz Zainol Abidin.

His Majesty Sultan Ibrahim hands appointment documents to Federal Court Judge Tan Sri Ahmad Terrirudin Mohd Salleh at the presentation ceremony and awarding of appointment documents for judges of the Federal Court, Court of Appeal and High Court at Dewan Singgahsana Kecil, Istana Negara November 12, 2024. — Bernama pic

 

Fifteen High Court judges among them Azizan Md Arshad; Narkunavathy Sundareson; Noor Ruwena Md Nurdin; Jamhirah Ali; Noor Hayati Mat; Azlan Sulaiman and Kenneth Yong Ken Chinson St. James also received their instruments of appointment at the ceremony.

The other High Court judges were Leong Wai Hong; Noor Hisham Ismail; Roz Mawar Rozain; Wan Fadhilah Nor Wan Idris; Rofiah Mohamad; Wong Mee Ling; Datuk Raja Ahmad Mokhzanuddin Shah Raja Mohzan; and Suria Kumar D.J. Paul.

Also present to witness the ceremony were Chief Justice Tun Tengku Maimun Tuan Mat; Minister in the Prime Minister’s Department (Law and Institutional Reform), Datuk Seri Azalina Othman Said; Court of Appeal, president Tan Sri Abang Iskandar Abang Hashim; and Chief Judge of Sabah and Sarawak, Tan Sri Abdul Rahman Sebli.

Also in attendance were the Chief Secretary to the Government, Tan Sri Shamsul Azri Abu Bakar; Chief Registrar of the Federal Court of Malaysia, Prime Minister’s Department, Datuk Zamri Bakar; and Judicial Appointments Commission secretary, Salinah Ismail.

After the conferment of the appointment letters, His Majesty graciously posed for a photograph with the newly appointed judges. — Bernama, Malay Mail, 12/11/2024