The Chief Justice has put forward names... and it did not include the name of current AG/PP
MalaysiaNow can now reveal, based on reliable sources, that Terrirudin's name is not among those recommended by Chief Justice (CJ) Tengku Maimun Tuan Mat to Anwar to fill the position of Chief Judge of Malaya.
The Judicial Appointment Commission must have also submitted name/s
So, why is Prime Minister Anwar Ibrahim delaying... Not happy with the person recommended by the JAC?
It is disturbing that 'An official at the Prime Minister's Department declined to comment on the matter, saying only that the government was not obliged to accept the CJ's candidates.This is a far cry from Anwar's own promise to stay out of the appointment of judges, just months after becoming PM....'
"We see in the past few years, there have been changes and appointments in the judiciary, but I haven’t interfered with a single appointment. I follow the Judicial Appointments Commission’s process and then the CJ will forward (a name) and I will accept it," he[Anwar Ibrahim] was quoted as saying in an interview with RTM in January 2023.
Later, amend the Constitution and remove completely the role of the Prime Minister on the question of appointing and/or elevating Judges -the King should appoint acting on the advice of the JAC.
Anwar, being the head of the Executive branch of government, should not interfere or try to control the Malaysian Judiciary.
The Conference of Rulers have also clearly asked that the PM not be involved in the selection and appointment of the members of the a JAC. Currently the PM decides on the 5 out 9 members of the JAC. So, amend the JAC Act - and stipulate that the 5 are app
"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.
Yes, amend the JAC Act to remove appointees of the Prime Minister, as recommended by the Conference of Rulers
Earlier, there was allegations that the Prime Minister may be advising the King to appoint the current Public Prosecutor/Attorney General as the Chief Judge of Malaya. After news of this came out, sadly the Prime Minister did not deny or confirm.
The INDEPENDENCE of the Public Prosecutor, like Judges, must also be safeguarded - by, amongst others, security of tenure. Best until RETIREMENT AGE. There should not be further contractual extension of tenure contractually.
Like Judges, the removal of any sitting Public Prosecutor is difficult, and is provided for in the Federal Constitution.
BAD Precedence of appointing Judges to become Attorney General/Public Prosecutor must END. Likewise Attorney General/Public Prosecutor should not be appointed as Judges.
"The appointment of the chief justice and the president of the Court of Appeal through the backdoor as practised by Umno and Barisan Nasional will be stopped immediately," said the PH manifesto ahead of the 14th general election.
See earlier post:-
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?
Source: Terrirudin not on list given by CJ to PM for new Chief Judge of Malaya
Speculation that the attorney-general is poised for promotion to the Federal Court evokes fears of executive meddling in the judiciary.
A storm is brewing in legal and judicial circles over Anwar Ibrahim's plan to appoint Attorney-General Ahmad Terrirudin Salleh as a judge of the Federal Court and Chief Judge of Malaya, raising similar concerns that the Conference of Rulers expressed not long ago about the prime minister's powers to appoint senior judges.
MalaysiaNow can now reveal, based on reliable sources, that Terrirudin's name is not among those recommended by Chief Justice (CJ) Tengku Maimun Tuan Mat to Anwar to fill the position of Chief Judge of Malaya.
The position has been vacant since Zabidin Diah retired on Feb 29.
Tengku Maimun is understood to have recommended a list of names to Anwar, in accordance with Article 122B of the Federal Constitution, which states that the appointment of judges to top judicial positions other than that of chief justice shall be made in consultation with the CJ.
Article 122B also states that it is only after this process that the prime minister may advise the Yang di-Pertuan Agong, who in turn consults with the Conference of Rulers.
An official at the Prime Minister's Department declined to comment on the matter, saying only that the government was not obliged to accept the CJ's candidates.
This is a far cry from Anwar's own promise to stay out of the appointment of judges, just months after becoming PM.
"We see in the past few years, there have been changes and appointments in the judiciary, but I haven’t interfered with a single appointment. I follow the Judicial Appointments Commission’s process and then the CJ will forward (a name) and I will accept it," he was quoted as saying in an interview with RTM in January 2023.
The argument that the prime minister is not bound by the advice of the CJ does not go down well with senior judges, many of whom are still struggling to move on after a long history of government interference in the judiciary in recent decades.
"We had to learn the bitter lesson that whilst the independence of the judiciary can be destroyed in an instant, rebuilding and reestablishing its independence can take decades," warned a joint letter signed by past presidents of the Malaysian Bar recently.
"That is the crux of the current concern. There is a fear of renewed executive interference in the judiciary," said a judicial source privy to the matter, who spoke to MalaysiaNow on strict condition of anonymity.
"It is glaring that not a single name put forward by her was accepted. This defeats the constitutional requirement for consultations," the source added.
The plan to appoint Teriruddin as a Federal Court judge and then CJM has been criticised by the legal fraternity, including the former deputy minister in charge of law and institutional reforms, Ramkarpal Singh.
"Appointing an outsider to one of the country’s most senior judicial posts would certainly be a step backward and would reflect poorly on the government’s commitment to judicial reforms," said Ramkarpal, who was not reappointed to his post following the Cabinet reshuffle late last year.
Concerns of Malay rulers echoed
Just a week after Anwar was sworn in as prime minister, the Conference of Rulers had called for curtailing the prime minister's powers in the appointment of judges.
The Rulers made this clear when they proposed that the prime minister be stripped of the power to appoint five representatives to the Judicial Appointments Commission (JAC), a nine-member body that nominates candidates for appointment to the superior courts.
Four of the nine members of JAC are senior judges, while the remaining five are appointed by the prime minister.
"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," Negeri Sembilan ruler Tuanku Muhriz Tuanku Munawir had said at the time.
A few months later, Anwar vowed to protect the independence of the judiciary.
"As prime minister, not only have I not encroached upon even a single inch of the sacred terrain of the judiciary, but I shall defend, at all costs,the independence of the judiciary," he said at the Asean Law Conference last year.
Restoring public confidence in the judiciary has been almost a permanent feature of Pakatan Harapan (PH) election manifestos throughout the decades.
In 2018, it pledged to ensure the appointment of judges based on merit and experience and to remove the prime minister's power to influence the appointment of judges.
"The appointment of the chief justice and the president of the Court of Appeal through the backdoor as practised by Umno and Barisan Nasional will be stopped immediately," said the PH manifesto ahead of the 14th general election.
A similar promise was made during the last general election.
"Harapan will continue to protect the integrity of Malaysia’s
administration by limiting the power of the executive, ensuring the
freedom of our judiciary, and reorganising the political structures of
the country," the coalition said. - Malaysia Now, 1/8/2024
Malay rulers propose PM stay out of judges appointment body
They say a more balanced membership is needed so that appointments are not biased.
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.
This followed a meeting by the rulers chaired by Negeri Sembilan's Tuanku Muhriz Tuanku Munawir, held for two days at Istana Negara beginning yesterday.
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.
Tuanku Muhriz also called for JAC's structure to be reevaluated through discussions with the relevant institutions and stakeholders.
"When all this is implemented, I am confident JAC will be able to carry out its responsibilities more effectively, and choose and appoint only those individuals who have a noble character, and are transparent and fair, to become judges in Malaysia."
JAC was set up in 2009 to ensure an unbiased selection of judges for the consideration of the prime minister.
Critics have however questioned the provision allowing the prime minister to appoint the majority of the commission's members, as well as his power to remove them, saying it smacks of political patronage in the judiciary. Malaysia Now, 30/11/2022
No to appointment of current public prosecutor as Federal Court judge or chief judge – Madpet
It is best that Malaysia’s sitting public prosecutor or attorney general, Ahmad Terrirudin Salleh, is not appointed a Federal Court judge.
It was reported that he was expected to be appointed as a Federal Court judge, with the possibility of later assuming the role of chief judge of Malaya and that the nomination had been submitted by the prime minister’s office for approval by the Conference of Rulers.
First, confirm whether the Judicial Appointments Commission recommended Ahmad Terrirudin Salleh to be appointed a Federal Court judge.
Was this part of a first recommendation of the JAC or was it an additional recommendation following a “request for two more names to be selected and recommended for his consideration with respect to any vacancy” made by the prime minister, pursuant to Section 27 of the Judicial Appointments Commission Act 2009?
Or, is the Prime Minister ignoring the recommendation of commission and forwarding his own name to the Conference of Rulers?
We have to recall that:
Malaysia’s experience from such events as the 1988 Judicial Crisis and the 2008 Royal Commission on the Video Clip, has taught us that part of what ails our current system stems from (i) Executive subjugation of the Judiciary; (ii) the pivotal role granted to the Executive in relation to judicial appointments (iii) the lack of transparency and accountability in the judicial appointments process and (iv) there being too much power and discretion being placed in the hands of too few…
Hence, to preserve the independence of the judiciary, ensure that the executive, including the prime minister, has no more power to decide on judges’ appointments and elevations. This struggle led to the formation of the Judicial Appointments Commission.
Judicial Appointments Commission Act 2009 fell short and is criticised because it still retains power with the prime minister. The PM could still ignore the Judicial Appointments Commission’s recommendations.
What was needed was a constitutional amendment, to say that the king will act on the advice of an independent Judicial Appointments Commission, and no longer will the prime minister have the power to choose and decide on judges.
Why Ahmad Terrirudin Salleh should not be appointed
He is the current public prosecutor-attorney general, and he should be so until his retirement, unless removed for some serious misconduct or for good reason.
This security of tenure also ensures the independence of the public prosecutor-attorney general. There are many other judges or qualified persons in Malaysia who can be appointed a Federal Court judge and chief judge of Malaya.
If he is suddenly appointed a Federal Court judge, he will no more be the public prosecutor-attorney general.
Hence, is there a reason for the removal of this sitting public prosecutor-attorney general?
It was alleged that the previous public prosecutor-attorney general, Gani Patail had reportedly been replaced ahead of his retirement and amid the ongoing special taskforce probe on 1MDB, which he was involved in, where there was a risk that he may decide to prefer charges against then sitting Prime Minister Najib Razak?
Could it be that public prosecutor-Attorney General Ahmad Terrirudin Salleh may also be considering recharging Zahid Hamidi using Section 254A of the Criminal Procedure Code, which states:
where an accused has been given a discharge by the Court and he is recharged for the same offence, his trial shall be reinstated and be continued as if there had been no such order given?
Could he be considering commencing prosecution against some others?
Zahid Hamidi – Decision whether he will be recharged outstanding
We recall that the former attorney general and public prosecutor Idrus Harun decided on the questionable discontinuation of Deputy PM Zahid Hamidi’s criminal case after the prosecution had proven a prima facie case on all 47 charges. The decision was delivered on 4 September 2023, one day before his last day in office.
One of the possibly acceptable reasons was that there was a need for further investigation by the Malaysian Anti-Corruption Commission, based on matters raised in the letters of representations submitted by Zahid.
The deputy PM was then given a discharge not amounting to an acquittal.
Ahmad Terrirudin Salleh was then appointed as attorney general-public prosecutor on 6 September 2023, and according to the law, he has the power to reinstate the trial after discharge.
Many have been waiting for the completion of the MACC investigations, and for the decision of attorney General-public prosecutor Ahmad Terrirudin whether to recharge Zahid Hamidi on all 47 charges, or some of them, or not.
People are waiting also for the reasons provided by Ahmad Terrirudin, as the attorney general-public prosecutor, for whatever decisions made.
As the new attorney general-public prosecutor, he has the power to review the decision of his predecessor, Idrus Harun, and indicate whether he agrees or not.
Whether Zahid Hamidi is guilty or not should be up to the court to decide. In this case, the prosecution had already managed to overcome the biggest hurdle, in proving a prima facie case for not some charges but all 47 charges. This means that if Zahid Hamidi, during his defence stage, fails to raise reasonable doubt, he would be convicted and sentenced. Any ‘new evidence’ that Zahid may have, he can submit to court and let the court decide.
The discontinuation of the case robs the court of its jurisdiction or power in this criminal trial.
Attorney general-public prosecutor Ahmad Terrirudin may be now of the position that it be best that the court decides – so, he may tender all ‘new evidence’ to the court to let the court decide. He may not want to deny the court the power to decide on guilt or innocence.
One wonders whether it is this worry about what the current attorney general-public prosecutor Ahmad Terrirudin may do or not do, be it with Zahid Hamidi’s case or maybe the commencement of prosecution against others, that is a consideration of why he should speedily be removed as attorney general-public prosecutor and maybe made a Federal Court judge.
Post-retirement conduct and perception of independence while in office
Former attorney general ldrus Harun, after discontinuing the case against Zahid Hamidi, was appointed on 10 October 2023 as chairman of Amanah Raya Bhd (AmanahRaya), a trustee company owned by Minister of Finance Incorporated. The finance minister is Prime Minister Anwar Ibrahim.
This appointment of Idrus Harun could raise the question, whether this was a ‘thank you’ gift from Prime Minister Anwar?
Maybe this appointment has no connection with what he did in Zahid’s case, but the primary concern here is public perception.
Independence of judiciary and of the public prosecutor
For the preservation of the independence of the judiciary and of the public prosecutor, their security of tenure until retirement age must be respected. No judge or public prosecutor should be removed prematurely, even for reasons like their appointment as a judge or public prosecutor. They can and should only be removed for dereliction of duty by a fair and just mechanism for the removal of judges or the public prosecutor.
Malaysians Against Death Penalty and Torture (Madpet) also believe it is best that former judges, former public prosecutors and senior public officers are not also appointed to any post-retirement position by the government, government-linked entities or even the corporate sector. This is to preserve the public perception that they were truly independent, dispelling the possibility of ‘corruption’ or abuse of power while in office.
A ‘cooling off’ period should be mandatory as part of the condition of their appointment as judges, public prosecutors and senior officers in law enforcement and public bodies.
Madpet calls for a constitutional amendment that removes the role of the prime minister or the executive branch of government in the appointment of judges and the public prosecutor. The independent Judicial Appointments Commission should advise the king on judicial appointments.
In the interim, the Prime Minister must follow the commission’s recommendation on the appointment of judges, including the chief judge of Malaya.
Madpet calls for respect and the safeguarding of the independence of the judiciary and of the public prosecutor. - ALIRAN, 12/7/2024
No compelling reason to appoint ‘outsider’ Terrirudin as Chief Judge of Malaya, former Bar presidents tell Putrajaya
KUALA LUMPUR, July 15 – A group of former Malaysian Bar presidents has expressed concern over reports suggesting the possible appointment of the Attorney General Datuk Ahmad Terrirudin Salleh as the next Chief Judge of Malaya (CJM).
They argue that there is no cogent and compelling reason to appoint an “outsider” for the role, especially when there are several qualified Federal Court judges available for the position.
“The adverse effect on their morale and the institution of the Judiciary as a whole, by virtue of this continuing delay to appoint from within, cannot be overstated,” they stated in a joint press release.
“This perception gravely compromises public confidence in the independence of the Judiciary and the administration of justice.”
The former presidents highlighted that Terrirudin has not served as a judge of the High Court or appellate courts, raising questions about his qualifications for the CJM post.
Last week, media reports suggested that Terrirudin was expected to be appointed as a Federal Court judge, with the possibility of later assuming the role of CJM.
A report also suggested the 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 group also suggested that “the inordinate and unaccountable delay” in the appointment of the CJM — which has been vacant for four-and-a-half months — has been due to executive interference in the appointment process.
“It does not augur well for the nation to leave the future of the Judiciary and the administration of justice in such a state of uncertainty.
“The sacrosanct position of the Judiciary in our constitutional scheme must never again be diminished by the overweening exercise of Executive influence or power,” they said.
The statement was co-signed by Zainur Zakaria, Mah Weng Kwai, Kuthubul Zaman Bukhari, Yeo Yang Poh, Datuk Ambiga Sreenevasan, Ragunath Kesavan, Lim Chee Wee, Christopher Leong, and Steven Thiru.
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, 15/7/2024
Rumours of AG's Federal Court appointment cause for concern, says Ramkarpal
- Nation
-
Sunday, 14 Jul 2024
PETALING JAYA: The government should address talk that Attorney General Ahmad Terrirudin Salleh is being tipped for a Federal Court judge position, says Ramkarpal Singh.
"The matter has been reported twice by an online portal further suggesting the AG could be slated to be the Chief Judge of Malaya; this should be addressed by the government," said the Bukit Gelugor MP in a statement on Sunday (July 14).
He added that the issue is not Terrirudin's performance or competence as the AG, but why there is a need to depart from the practice of appointing a serving Federal Court judge as Chief Judge especially when there are candidates who certainly qualify for the post.
Ramkarpal then said that although there has been such precedent before, the question remains whether the present government should follow this practice in regard to its commitment to reforms.
"Such precedent ought to be abandoned as they give rise to government interference in the judiciary since such appointments are made on the advice of the Prime Minister under Article 122B of the Federal Constitution," he said.
"It cannot be overemphasised that there are qualified candidates from the current serving Federal Court judges to fill the post of Chief Judge, and it is understood that recommendations have been made by the Judicial Appointments Committee."
Ramkarpal then said that appointing an outsider to one of the country's most senior judicial posts would be a step backward and reflect poorly on the government's commitment to judicial reforms.
"It further comes across as unappreciative of the work that
the current members of the judiciary have been doing to restore public
and international confidence in the judicial arm of Malaysia," he added. - Star, 14/7/2024
LETTER | Project Stability and Accountability for Malaysia (Projek Sama) calls upon the Madani government to commit to nominating candidates for the four top positions in the judiciary, from within the judiciary and not from the Attorney-General’s Chambers (AGC).
The positions include the chief justice of Malaysia, the president of the Court of Appeal, the chief justice of Malaya and the chief justice of Sabah and Sarawak.
Projek Sama views with grave concern the speculation that Attorney-General Ahmad Terrirudin Mohd Salleh would be appointed as Federal Court judge to subsequently assume the office of the chief justice of Malaya.
Projek Sama warns Prime Minister Anwar Ibrahim that this move may deliver the third most serious blow to the public trust and credibility of the judiciary after the 1988 constitutional crisis and the 2002 VK Lingam "correct! correct! correct!" video clip exposed in 2007.
The government must learn from history and avoid repeating it.
While Article 123 of the Federal Constitution allows any citizen who has been practising law for 10 years either as a lawyer or a member of the judicial or legal services, to be appointed as a judge of any level, Projek Sama believes the appointment to the top echelon of the judiciary from the top echelon of the AGC should be avoided, especially before the separation of the AGC and public prosecution.
The AGC is controlled by the executive from the top and as legal counsel of the government, the AG is a political office even if the office holder is not a politician.
Appointing a former AG to the Federal Court risks introducing the executive's influence to the bench, or at the very least, creating such a perception to affect the public trust in the judiciary.
A case in point is that Terrirudin applied for a discharge not amounting to an acquittal (DNAA) for Deputy Prime Minister Ahmad Zahid Hamid who faced 47 charges of criminal breach of trust, and corruption after a prima facie case had been established.
Even though the decision was allegedly made by his predecessor, Idrus Azizan Harun, Terrirudin played a key political role in getting the number two of the executive off the defendant's stand.
He also sat on the Federal Territory Pardons Board which controversially commuted 1MDB corruption convict Najib Abdul Razak's 12-year jail term by half and fine from RM210 million to a mere RM50 million.
Public trust
What public image would our judiciary have if he eventually rises to be the chief judge of Malaya, the president of the Court of Appeal or even the chief justice of Malaysia?
Would the public trust the court to be impartial with a panel of judges that includes him or is led by him?
Set up in 2009, the Judicial Appointment Commission (JAC) is responsible for appointing judges to the judiciary. Five of the committee members are appointed by the prime minister, while the remaining four slots are filled by sitting judges. The Yang di-Pertuan Agong makes the appointment on the advice of the premier.
However, there are still concerns, among others, over the PM’s power to ignore or reject the candidates the JAC shortlisted.
Projek Sama urges Anwar to both respect the recommendations made by the JAC and commit to promoting senior judges from within the judiciary when talents are aplenty.
He should also commence a review of the Judicial Appointments Act 2009 to ensure the separation of powers between the judiciary, executive and legislative branches of the government, in particular where judge appointment at all levels is concerned.
Projek Sama refers to a research report by Bersih titled “Safeguarding Judicial Independence: Appointment, Promotion and Removal of Judges in Malaysia” and reiterates the recommendations needed.
PROJEK SAMA is an initiative to advocate for institutional reforms to advance political stability and accountability.- Malaysiakini, 15/7/2024
Chief judge of Malaya: An appointment with wide implications
Reports that Attorney General Ahmad Terrirudin Salleh is expected to be appointed as a Federal Court judge, with the possibility of later assuming the role of chief judge of Malaya, have raised concerns about executive influence in judicial appointments.
Ramkarpal Singh, a former deputy minister in the Prime Minister’s Department responsible for law and institutional reform, shares his concerns on what this might mean for the independence of Malaysia’s judiciary.
Presented by: Shazana Mokhtar, Wong Shou Ning and Keith Kam
Produced by: Tun Hizami Hashim/BFM - https://aliran.com/web-specials/chief-judge-of-malaya-an-appointment-with-wide-implications
Don’t appoint sitting judge as AG, says rights group
The Malaysians Against Death Penalty and Torture (Madpet) says it raises questions on the independence of the judiciary and the judges themselves.
Charles Hector of the Malaysians Against Death Penalty and Torture (Madpet) said that such appointments raises questions on the independence of the judiciary and the judges themselves.
Would the
people be confident of the independence of these judges in cases where
one of the parties is the prime minister or the government?
On Dec 16, The Star reported that Court of Appeal judge Kamaludin Md Said, and High Court judges Wan Ahmad Farid Wan Salleh and Ahmad Fairuz Zainol Abidin were being considered for the post by Prime Minister Anwar Ibrahim, citing sources.
Subsequently FMT reported that three serving judges appear to be in Anwar’s consideration for appointment which are Federal Court judge Zabidin Diah and Court of Appeal judges Yaacob Sam and Abdul Karim Abdul Jalil.
However, Hector said these judges should remain on the bench until they retire.
He said this was to avoid the perception that one was being rewarded with the post.
Hector suggested that a senior public officer such as a federal counsel or prosecutor from within the Attorney-General’s Chambers (AGC), or any lawyer be appointed as the AG.
Historically, it has been the practice of the government to appoint a sitting judge as an AG. The late Mohtar Abdullah, Apandi Ali, and present officeholder Idrus Harun also rose from the bench to be appointed as the AG. - FMT, 26/12/2022
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