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Malay Mail
a day ago
- Politics
- Malay Mail
Ex-CJ Tengku Maimun says Federal Court was free of pressure during her tenure, cites dissenting decisions as proof
PUTRAJAYA, July 28 — Tun Tengku Maimun Tuan Mat today dismissed the idea that she had influenced Federal Court decisions during her six-year tenure as the country's top judge. The recently retired judge pointed to her own dissenting judgments in constitutional cases as proof that judges had decided cases independently. 'For the past six years, the Federal Court had decided 19 cases involving various issues of constitutional law,' she told reporters at the Palace of Justice here, after the swearing-in ceremony of Datuk Abu Bakar Jais and Datuk Azizah Nawawi as the president of the Court of Appeal and the chief judge of Sabah and Sarawak respectively. 'And out of that 19 cases, I was dissenting in five cases. So I think statistically, five out of 19 represents about 25 per cent of the dissenting judgments.' Tengku Maimun said this showed judges were free from pressure, including from herself when she was chief justice. 'So I think that fact alone would manifest that judges decided independently without fear or favour, without external or internal pressure. 'Because if I had any influence on their decisions, then surely I would not be dissenting in five out of 19 cases involving especially constitutional law.' Tengku Maimun was asked about a recent speech by Tan Sri Abdul Rahman Sebli who recently retired as chief judge of Sabah and Sarawak and had alleged interference in a Federal Court case involving constitutional issues. 'Let's not make it a contest of words between two people or more than two people. Perhaps I can just share some facts,' she replied, before going on to cite the statistics where she had been the dissenting judge in about 25 per cent of constitutional cases at the Federal Court. Datuk Abdul Rahman Sebli is pictured during his swearing-in ceremony as a new chief judge of Sabah and Sarawak at the Palace of Justice in Putrajaya on January 17, 2023. — Picture by Yusof Mat Isa Just before his retirement on July 25, Abdul Rahman had on July 23 in a farewell event in Kuching, Sarawak alleged that a senior judge had put pressure on him by criticising his draft judgment when he was still relatively junior as a Federal Court judge, but did not name the purported judge. In that speech, Abdul Rahman said he had stood by his draft judgment and it became a majority judgment as it was supported by three other judges, while three judges dissented and disagreed with his decision in that constitutional case. Tengku Maimun retired earlier this month after serving as the first woman chief justice in Malaysia. She said her retirement has been 'good'. 'Alhamdulillah, feeling very free, enjoying quiet moments,' she said. She also congratulated those appointed to new roles in the judiciary today.
Malay Mail
2 days ago
- Politics
- Malay Mail
Ex-CJ Tengku Maimun says Federal Court was free of pressure during her tenure, dissenting decisions as proof
PUTRAJAYA, July 28 — Tun Tengku Maimun Tuan Mat today dismissed the idea that she had influenced Federal Court decisions during her six-year tenure as the country's top judge. The recently retired judge pointed to her own dissenting judgments in constitutional cases as proof that judges had decided cases independently. 'For the past six years, the Federal Court had decided 19 cases involving various issues of constitutional law,' she said at the Palace of Justice here, after the swearing-in ceremony of Datuk Abu Bakar Jais and Datuk Azizah Nawawi as the president of the Court of Appeal and te chief judge of Sabah and Sarawak respectively. 'And out of that 19 cases, I was dissenting in five cases. So I think statistically, five out of 19 represents about 25 per cent of the dissenting judgments.' Tengku Maimun said this showed judges were free from pressure, including from herself when she was chief justice. 'So I think that fact alone would manifest that judges decided independently without fear or favour, without external or internal pressure. 'Because if I had any influence on their decisions, then surely I would not be dissenting in five out of 19 cases involving especially constitutional law.' YAA Datuk Abdul Rahman Sebli is pictured during the swearing-in ceremony as a new Chief Judge of Sabah and Sarawak at Palace of Justice in Putrajaya January 17, 2023. Picture by Yusof Mat Isa Tengku Maimun was asked about a recent speech by Tan Sri Abdul Rahman Sebli who recently retired as chief judge of Sabah and Sarawak and had alleged interference in a Federal Court case involving constitutional issues. 'Let's not make it a contest of words between two people or more than two people. Perhaps I can just share some facts,' she replied. Tengku Maimun retired earlier this month after serving as the first woman chief justice in Malaysia. She said her retirement has been peaceful. 'Alhamdulillah, feeling very free, enjoying quiet moments,' she said. She also congratulated those appointed to new roles in the judiciary today.
New Straits Times
19-07-2025
- Politics
- New Straits Times
NST Leader: Of CJ and other judges
There was a palpable sigh of relief when on Thursday night the Chief Registrar's Office announced the appointment of Datuk Wan Ahmad Farid Wan Salleh as the new chief justice, Datuk Abu Bakar Jais as the new Court of Appeal president and Datuk Azizah Nawawi as chief judge of Sabah and Sarawak. The sigh of relief is understandable. For months, unease had grown across many segments of society over who would fill the big shoes of Tun Tengku Maimun Tuan Mat. The big shoes were not due to her being the first woman to occupy the seat, but because she was a judge extraordinaire and later, chief justice extraordinaire. On July 2, when she retired, she left behind a legacy of judicial independence that is hard to beat. An extension of the service of a judge of such a calibre would have pleased the country immensely, but it didn't happen. Wishes aren't horses. For avoidance of doubt, the unease — there was even a walk for justice organised by the Malaysian Bar — wasn't about the extension of Tengku Maimun's service, but about perception of all things to do with the judiciary. Perception of justice is a good cause to fight for, but those given to wild allegations, which at places became venomous, made the national unease worse. When it comes to the judiciary, perception ranks high. England's chief justice Lord Hewart gave perception of justice its noble place as long ago as Nov 9, 1923, when he spelt out his dictum in Rex v Sussex Justices: "It is not merely of some importance but of fundamental importance that justice should not only be done, but should manifestly be and undoubtedly be seen to be done." As Malaysians "manifestly" and "undoubtedly" saw justice being done during Tengku Maimun's stewardship of the judiciary, they will now expect the same under the leadership of Wan Ahmad Farid as chief justice. It is clear that he has big shoes to fill. However, he has shown that he has just the "feet" for them as early as 2022, when he recused himself from hearing a matter concerning the admission of Queen's Counsel Jonathan Laidlaw to represent former prime minister Datuk Seri Najib Razak. He did that to avoid any perception that might undermine confidence in the judiciary's independence. Before being appointed a judge, he had been actively involved in politics, even serving as a senator. Malaysian Bar president Mohamad Ezri Abdul Wahab praised the new chief justice for recusing himself: "In doing so, he made several significant statements on the importance of public confidence in the judiciary, stating that the perception of judicial independence must not be placed in doubt and that it is not a matter of trial and error." An independent judiciary is a precious gift to any society, and once it is lost, anarchy reigns, wrote Wan Ahmad Farid as a High Court judge when recusing himself on June 16, 2022. We hope the judiciary under the new chief justice's stewardship will do everything necessary to prevent the precious gift from being lost.
The Star
18-07-2025
- Politics
- The Star
Seniority not a requirement for Chief Justice appointment, say experts
PETALING JAYA: Seniority does not play a role in deciding candidates for the position of Chief Justice, according to constitutional experts. Emeritus Prof Datuk Dr Shad Saleem Faruqi explained that the Federal Constitution does not specify requirements for a superior court judge to become Chief Justice. Article 123 of the Federal Constitution states that to serve as a judge of the superior courts, a person must be a Malaysian citizen with at least 10 years of experience as a lawyer or lower court judge. "Seniority is not relevant," Shad Saleem said. The superior courts encompass the High Court, Court of Appeal, and Federal Court. On Friday (July 18), the Federal Court Chief Registrar's Office announced that His Majesty Sultan Ibrahim, King of Malaysia, has approved three judicial appointments, including Datuk Wan Ahmad Farid Wan Salleh as the new Chief Justice. Wan Ahmad Farid is currently a Court of Appeal judge. Shad Saleem noted that a Chief Justice candidate could come from any superior court but must be elevated to the Federal Court, regardless of seniority. "While traditionally, the most senior Federal Court judge is appointed Chief Justice, it is not a strong tradition," he said, citing Tun Tengku Maimun, who was appointed without being the most senior. Tengku Maimun, the first female Chief Justice, retired on July 2 after a six-year tenure. Shad Saleem pointed out no precedent exists for appointing a Chief Justice directly from the appellate court, though it can occur. Constitutional expert Datuk Assoc Prof Dr Wan Ahmad Fauzi Wan Husain of ISTAC-IIUM affirmed no constitutional restriction exists for elevating an appellate court judge to Chief Justice. "As long as the appointment conforms with Article 122B of the Constitution, it is constitutional," he said. Assoc Prof Datuk Dr Shamrahayu Abdul Aziz echoed that the Constitution does not specify criteria for appointing the Chief Justice, noting the Prime Minister or Judicial Appointments Commission typically recommends the most senior Federal Court judge. However, she highlighted that Tengku Maimun's appointment was unprecedented as she was not the most senior but fulfilled the criteria. Two other judicial appointments were confirmed: Federal Court judge Abu Bakar Jais will be the new Court of Appeal President, and Court of Appeal judge Azizah Nawawi will be the new Chief Judge of the High Court of Sabah and Sarawak. The swearing-in ceremony is set for July 28 at Istana Negara.
Malay Mail
18-07-2025
- Politics
- Malay Mail
Court of Appeal judge Wan Ahmad Farid named Malaysia's 17th Chief Justice, swearing in set for July 28
KUALA LUMPUR, July 18 — On July 28, Court of Appeal Judge Datuk Wan Ahmad Farid Wan Salleh will be sworn in as the country's 17th Chief Justice, succeeding Tun Tengku Maimun Tuan Mat, who retired on July 2. This followed an announcement by the Office of the Chief Registrar of the Federal Court in a statement released late yesterday. Hailing from Kuala Terengganu, the 62-year-old jurist was appointed to the Court of Appeal on Nov 12 last year. He holds a Bachelor of Laws (LL.B Hons) from the University of West London, earned in 1985, and obtained a Certificate in Legal Practice (Hons) from Universiti Malaya in 1986. He began his legal career as an advocate and solicitor with Messrs Adnan & Wee in Kuala Terengganu, serving from 1987 to 2003. Beyond his legal career, Wan Ahmad Farid has been active in public administration and politics. He served as political secretary to former Prime Minister Tun Abdullah Ahmad Badawi from 2003 to 2008, before being appointed Deputy Home Minister from 2008 to 2009. He returned to legal practice between 2011 and 2015 as a partner at Messrs Wan Farid & Surin in Kuala Lumpur. Wan Ahmad Farid began his judicial career in 2015 as a Judicial Commissioner, serving in the High Courts of Shah Alam, Kuala Lumpur, and Kota Bharu until 2019. He was then elevated to High Court Judge from 2019 to 2024, with postings in Kota Bharu, Shah Alam (Special Powers Division), and Kuala Lumpur (Special Powers Division 3). In 2024, he played a key role in a landmark ruling involving a constitutional suit filed by lawyer Dr Syed Iskandar Syed Jaafar Al Mahdzar, which challenged the powers of the Yang di-Pertuan Agong in declaring a state of emergency. In his judgment, Wan Ahmad Farid held that the Yang di-Pertuan Agong's authority to declare an emergency under Article 150 of the Federal Constitution is a prerogative power that is non-justiciable and beyond the court's review. Wan Ahmad Farid was also among the members of the panel of judges who heard a case involving a dispute over 263.272 acres of land dubbed 'Duta Enclave' involving Semantan Estate Sdn Bhd in the Federal Court. — Bernama
