Roz Mawar Rozain must recuse herself from Yusoff Rawther - Anwar Ibrahim case for justice to be seen to be done. Will judges 'picked' by Anwar be INDEPENDENT in cases involving Anwar, family/friends or even his government?

The Prime Minister(Anwar Ibrahim) 'picks' persons to be appointed Judges, Court of Appeal Judges, Federal Court Judges, and the 4 heads of the Judiciary - he also has the power to pick High Court Judges(or Court of Appeal Judges) who will be elevated to become Federal Court Judges or the even the heads of the Judiciary. He tells or 'advises' the King, and the appoints as advised.

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.

(2) Before tendering his advice as to the appointment under Clause (1) of a judge other than the Chief Justice of the Federal Court, the Prime Minister shall consult the Chief Justice.

Thus, will there be JUSTICE or a FAIR Trial, in a case between Anwar Ibrahim and another, like Yusoff Rawther? Will a judge picked and appointed by PM Anwar Ibrahim be an  INDEPENDENT judge in such cases. YES, some Judges may, but some judges may be 'appreciative' of the fact that Anwar made them a High Court Judge and thus may be biased in favour of Anwar Ibrahim.

This is what the LAW is today. Judicial Appointment Commission(JAC) - it is not even MANDATORY for the PM to follow the recommendation of the JAC. The JAC, according to law is to forward 2 recommendations for High Court Judge's appointment - but PM can ask for more recommendations, and can still proceed to advice the King to appoint someone, who was never recommended by the JAC. Worse, the 9 member JAC currently has 5 persons chosen by the PM???

The PM is required to consult the Rulers/Chief Judges but that is just that - consult but no need to follow their views/opinions/'orders' - at the end of the day, it is still PM Anwar that decides who will be Judges, who will be elevated or appointed the head of the Judciary - and this is a MAJOR PROBLEM - In cases involving Anwar Ibrahim, his family and friends, or even his government - CAN we have a INDEPENDENT JUDGE(or a perceived Independent Judge), for if not there will be NO FAIR TRIAL and people will lose faith in the Judiciary. This must be avoided by removing the PM from appointment/elevation of judges..

Ros Mawar Rozain was a person 'picked' by Anwar Ibrahim, and appointed High Court Judge in November 2024 - and she then replaced the High Court Judge that was handling the case - I would be WORRIED - 

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

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 Edge, 3/3/2025

I would prefer the case being heard by the original Judge assigned, who was a Judge before Anwar became the Prime Minister, rather than a NEW Judge, recently picked by the PM to be appointed Judge. That is WHY I am asking that HC Judge Ros Mawar Rozain to RECUSE herself from hearing this case between Yusoff Rawther and Anwar Ibrahim. 

Yusof Rawther's ALLEGATION Anwar Ibrahim sexually assaulted him

Yusoff Rawther DARED to take a legal action against Anwar Ibrahim, our Prime Minister for sexual harassment. Then, suddenly, Yusoff is facing charges of drug trafficking and possession of 'fake' firearms - Is this a 'pay-back' for his guts to challenge a powerful man? The possibly 'enforced disappearance' of Pamela Ling may also be because of evidence that she could give to put some politician or powerful person in prison?

The High Court Judge that was handling this alleged sexual assault case against Anwar Ibrahim was  John Lee Kien How @ Mohd Johan Lee, and suddenly on 3/3/2025, this was changed to High Court judge Roz Mawar Rozain. The reason given was because Judge John Lee had transferred to Alor Setar - even if a Judge is transferred, there is nothing stopping the Judge to come back and hear the trial, more so, since he had been handling the case from day one.

Yusoff Rawther, based on media reports, first filed a police report - but it seems that nothing came out of that...Then, he had to file a CIVIL Suit. In the Civil Suit, he wanted to admit a POLYGRAPH report - that polygraph was conducted by the Police, and oddly, Anwar objected. Now, Yusoff Rawther is in detention, denied bail, while he is being tried for drug trafficking - Would that NOT Prejudice Yusoff Rawther's for his civil suit against Anwar Ibrahim? Why object to a polygraph test report - was it because it showed that Yusoff Rawther was telling the truth? 

With regard the police report - the police marked in NFA (No Further Action), and I do not understand why the police is objecting to a Polygraph Test Report they did - in my opinion, it should be allowed - The Court decides on its weight and evidential value..Anyway, on 7/5/2024, The High Court dismissed Datuk Seri Anwar Ibrahim’s former research assistant, Muhammed Yusoff Rawther’s discovery application of the polygraph test to support his suit filed against the PKR president.(Not sire whether there was an appeal)

Muhammed Yusoff Rawther has filed a police report against Anwar Ibrahim over an alleged crime last year.The 26-year-old made the report this morning at the Sentul district police headquarters where he also submitted his statutory declaration to the police..At the press conference on Wednesday, Yusoff claimed that a senior politician had committed a crime against him which he described as “un-Islamic, vile, insidious and morally repugnant”. - FMT, 7/12/2019.

A former research assistant to Datuk Seri Anwar Ibrahim has filed a suit against the PKR president for allegedly sexually assaulting him three years ago....In the statement of claim, Muhammed Yusoff stated that the sexual assault took place on Oct 2, 2018 at Anwar’s residence in Segambut when he was asked by the defendant’s private secretary Shukri Saad to hand over the text of a speech he (Anwar) was to deliver in conjunction with Mahatma Gandhi’s 150th anniversary celebration that was organised by the Indian embassy.He claimed that Anwar, 73,  sexually assaulted and molested him, despite him asking the defendant to stop. - Malay Mail, 15/7/2021

Datuk Seri Anwar Ibrahim and the police on Friday opposed the prime minister’s former research assistant Muhammad Yusoff Rawther's polygraph report, which is part of his discovery application for his suit filed against the PKR president. Lawyer Navpreet Singh, who appeared for Anwar, argued that a polygraph test result is inadmissible in a civil proceeding as there are questions pertaining to it being considered reliable evidence and it may lack accuracy....He is seeking the polygraph test conducted by the police back in December 2019.On Friday, Haniff said that since the test had been conducted and there was no further action (NFA) by the prosecution on the matter and Yusoff had filed the suit, his client is entitled to use any document, including the polygraph test, to support his case."Yusoff has to prove his case on a balance of probabilities in the civil suit, and it is not disputed that he had taken the test, and the police are not using it since it is NFA," Haniff said. - The Edge, 29/3/2024

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 Edge, 3/3/2025

I recall Zahid Hamidi's case, when the lead Prosecutor was replaced just before the Public Prosecutor decided to discontinue the criminal trial, and the new Lead Prosecutor did that - ended with a DNAA (Discharge Not Amounting to An Acquittal).

Thus, in my opinion, in any cases involving Anwar Ibrahim as a party - it is best that it be heard by a High Court Judge appointed before Anwar became the Prime Minister...

Of course, Judges hearing such cases must also not be 'bribe-able' with promises of being appointed as a Higher Court Judge, or promises of being made a Chairman/Director of some company, etc...

That is WHY it may be best that the Prime Minister not be involved in the selection of Judges, or the elevation of judges,

It is best that a truly Independent Judicial Appointment Commission be advising the King directly as to who to be appointed Judges 

Should we involve the PUBLIC and Parliament > to be able to provide input on candidates being considered to be appointed Judges...

PM or Executive deciding who should be JUDGE must end - to ensure independence of Judiciary, and provide the needed confidence of fair trial especially when it comes to cases when the PM, Minister, their family/friends or even the government is a party in the legal suit...

 

See also:- 

Change of Judge in Sexual Assault suit filed by Yusoff Rawther against PM Anwar Ibrahim may raise questions? Can't the same Judge still hear the case?