Prime Minister Anwar Ibrahim continues to pick and chose a Federal Court Judge to be appointed by the King as a new member of the Judicial Appointments Commission(JAC). Now, the Prime Minister picks and chooses 5 out of the 9 members of the JAC which means that even the judges recommended by the JAC itself can be persons that the Prime Minister wants if the 5 'political appointees' of the PM do his will.
Anwar, after becoming Prime Minister, was seen to talk about respect for the ROYALTY - but then, why has he yet to act on the demands of the Conference of Rulers that asked the Prime Minister's role in the appointment of members of the JAC be extinguished...
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[Tuanku Muhriz Tuanku Munawir, on behalf of the Conference of Rulers] said. Malaysia Now, 30/11/2022
Anwar, considering the strong views of the Conference of Rulers, should have long amended the Judicial Appointments Commission Act 2009, so is this an indication of 'DISLOYALTY' to the Rulers?
Mind you, these concerns have been raised by the Malaysian Bar when the JAC Bill was tabled, and has been reiterated by many others...
Strengthening Independence of Judiciary - CJ Tengku Maimun, Nazri Aziz, Malaysian Bar, Anwar, etc all talking about it - REMOVE PM's role in choosing Judges? Constitutional Amendment needed, not simply review of Judicial Appointments Commission Act...
Chief Judge of Malaya - none since February 29? Why is Anwar delaying? Appoint NOW...
The JAC Act stipulates that the quorum shall be not less than 5, and that decisions are made by simple majority ' ...the quorum shall not be less than five.
(6)
Every member of the Commission present shall be entitled to one vote by
secret ballot and in the event of a tie in the number of votes casted,
the Chairman or the member of the Commission presiding as the Chairman
for the meeting shall have a casting vote.
This means that the 5 political appointees of the PM can even meet alone without the others, and dictate exactly who the names they will recommend to the PM to be appointed Judges, Chief Justice, President of the Court of Appeal, etc...This is but a possibility but we need to act to prevent it ever happening.
...the quorum shall not be less than five.
(6) Every member of the Commission present shall be entitled to one vote by secret ballot and in the event of a tie in the number of votes casted, the Chairman or the member of the Commission presiding as the Chairman for the meeting shall have a casting vote.
It maybe that the 'political appointees' of the PM may actually act on their own paying no attention to the PM's preferences...but we should make this IMPOSSIBLE, that the PM can influence judicial appointments..
Anwar Ibrahim has been before the Courts, and he has been found guilty and sentenced by the Courts for criminal offences of corruption and even SODOMY. Was he not happy with these judges who did not side him, and had him convicted and denied his various applications in the past? Would he now want to ensure that JUDGES appointed will side with him/government? That is OUR Concern now...
Anwar Ibrahim is still in court proceedings - the sexual harassment suit by Yusoff Rawther, defamation suits, etc - The government is also in court, where Anwar is the Prime Minister.
Would JUSTICE be done, or be SEEN to be done, if the Prime Minister is seen to be 'deciding' on who will be High Court Judges, Judges of the Court of Appeal, Judges of the Federal Court, the Chief Justice of the Federal Court, the President of the Court of Appeal, of the Chief Judges of the 2 High Courts?
Will these judges be biased in favour of Anwar or the Government, to improve the chances of them being elevated or appointed heads of the Judiciary?
Well, these judges MAY hear and decide based on evidence or law, and ignore Anwar's 'expectations' - but the problem is PERCEPTION of the Public - will the public be CONFIDENT that they will get a FAIR TRIAL before and INDEPENDENT Judge, more so when the other party is the Government or even Anwar himself?
High Court judge Roz Mawar Rozain will now preside over Muhammed Yusoff Rawther’s sexual assault suit against Datuk Seri Anwar Ibrahim, as well as the prime minister’s counterclaim. She takes over from High Court judge John Lee Kien How @ Mohd Johan Lee, who has been transferred to the Alor Setar High Court. The June-trial dates set previously have been maintained. The court is slated to hear the matter from June 16 to 19, and June 23 to 25. It will also hear Anwar’s counterclaim.- Edge, 3/3/2025
The High Court has set Aug 13 and 14, and Aug 18 to Aug 21 this year for the defamation suit of former prime minister Tun Dr Mahathir Mohamad against current Prime Minister Datuk Seri Anwar Ibrahim. - Edge 6/1/2025
This is the very reason why the PRIME MINISTER must be totally removed from the entire process of selecting and advising the King on Judicial Appointments.
Further, since Anwar Ibrahim became Prime Minister, we have had investigations being commenced against Mahathir, his family, his Ministers in 1998 like Daim Zainuddin, against PM8 Muhyiddin Yasin, and recently investigation and 'allegations' against immediate past Prime Minister Ismail Sabri.
At the same time, we are seeing criminal cases being dropped against Zahid, and civil suits being dropped against Riza(Najib's stepson.) Anwar, as Prime Minister, may not be involved in the decisions of the Public Prosecutor/Attorney General - but sadly public may see or perceive it differently.
Of course, the dropping of the 1MDB suit is different for reasonably it can only be done with the consent or instruction of the Finance Minister Anwar Ibrahim - who to date has yet to provide credible reasons for it.
Thus, the CJ's, the Malaysian Bar's and other's concern about the appointment and elevation of judges - i.e 'independence of the Judiciary' is a REAL issue which everyone must be most concerned with...and so must all of us. WE certainly do not want pro-Anwar or pro-Government judges appointed...
Then, the courts will cease to be the place the people can confidently seeks justice...more so when it involves suits against the government, Anwar, or persons associated with him.
Wonder why the Judge was changed in Yusoff Rawther's suit against Anwar - Roz Mawar Rozain was appointed judge during the premiership of Anwar Ibrahim on 12/11/2024 - was she a Judge picked by PM Anwar Ibrahim alone? Or was she a Judge recommended by the JAC? If, and when the JAC made the recommendation, was it based on the 5 votes from the PM's political appointees on the JAC, or did she get a unanimous vote?
Will the Yusoff Rawther-Anwar Ibrahim case receive a FAIR Trial by an independent judge? It may be better to retain High Court judge John Lee Kien How @ Mohd Johan Lee, because a transferred judge can still come back to hear the case... John Lee Kien How was appointed Judicial Commissioner before Anwar became PM in March 2021...
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 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.- Malay Mail, 12/11/2024
If I were the lawyer, in the case, I would advice an application to RECUSE(remove) Roz Mawar Rozain as the High Court Judge. I would certainly prefer a Judge appointed before Anwar became the Prime Minister - not a person that PM Anwar advised the King to appoint a Judge. Will Judge Ros Mawar recuse herself?
All, the more since there is now the issue of 'judicial independence' that has been raised by the CJ, Malaysian Bar and others...and there is a question whether Anwar followed the recommendation of the JAC when he advised the King to appoint Judges, OR did he advise the King to appoint as Judges persons not recommended by the JAC?
As I earlier mention, no good Judge or lawyer, would ever recommend a sitting Attorney General/Public Prosecutor to become a Federal Court Judge as happened with Ahmad Terrirudin Mohd Salleh - because we appreciate the fact that the INDEPENDENCE of the Public Prosecutor is just as important as that of a Judge, and we would not participate in any 'creative' premature removal of a sitting PP/Attorney General. If Terrirudin had already resigned some time ago as PP/AG, it will be different...
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?
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?
The question now is HOW many Judges did PM Anwar Ibrahim appoint, that were not recommended by the JAC? Or did not receive unanimous support in the JAC?
# When there was NO chief Judge of the High Court of Malaya - then, the JAC only had 8 members, of which 5 were appointees of the Prime Minister, and then 25 Judges were appointed - is this even possible?
Federal Court judge Zabariah Yusof appointed to JAC
Federal Court judge Zabariah Yusof appointed to JAC
However, she will only serve for six months.
Zabariah’s name was included in the updated list of nine commission members published on JAC’s website.
Her appointment was made by Prime Minister Anwar Ibrahim pursuant to Section 5(1)(e) of the JAC Act.
Zabariah turned 66 – the mandatory retirement age for judges – on April 10. However, she received a six-month extension to remain in office from the Yang di-Pertuan Agong.
Chief Justice Tengku Maimun Tuan Mat, Court of Appeal president Abang Iskandar Abang Hashim, Chief Judge of Malaya Hasnah Hashim, and Chief Judge of Sabah and Sarawak Abdul Rahman Sebli presently sit on the JAC as they hold the four top administrative posts in the judiciary.
Last year, the prime minister appointed four eminent persons to the JAC for a two-year term beginning Nov 1: former attorney-general Idrus Harun, former Federal Court judge Zainun Ali, former Sarawak attorney-general Talat Mahmood Abdul Rashid, and Universiti Teknologi Mara law lecturer Hartini Saripan.
The JAC nominates the names of candidates for elevation and promotion to the prime minister as required under the JAC Act, which came into force in 2009.
The king then appoints judges on the advice of the prime minister after consulting the Conference of Rulers, as stated under Article 122B (1) of the Federal Constitution. - FMT, 23/4/2025
King confers appointment letters to 25 judges, including new Chief Judge of Malaya
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.
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
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