JAC WILL LEAD TO PROBLEMS IN APPOINTING CJ, APPEALS COURT JUDGES, SAYS FORMER

By Rozlinda Yahya

PUTRAJAYA, Dec 11 (Bernama) -- The Judicial Appointments Commission (JAC), the
Bill of which was tabled for first reading in the Lower House of Parliament
Wednesday, will lead to problems where the appointments of the Chief Justice and
president of the Appeals Court is concerned, said newly-retired Chief Justice
Abdul Hamid Mohamad.

He said problems would arise as among members of the commission would
be those in line for the two posts.

"I just want to draw the attention of the Members of Parliament (MPs) in
raising this so that they will give it careful thought before making their
decision," he told Bernama here Thursday.

"Under the provisions of the Bill, the JAC is empowered to appoint the
Chief
Justice (CJ), Appeals Court president, Appeals Court judges, Federal Court
judges, Chief Judge of Malaya, Chief Judge of Sabah and Sarawak and High Court
judges.

"It is also noted the JAC comprises of nine members including five senior
judges, four of whom are the most senior in the country.

He also referred to Clause 5 of the Bill which provides for the JAC to be
made up of nine members comprising the CJ as the chairman, Appeals Court
president, Chief Judge of Malaya, Chief Judge of Sabah and Sarawak, a Federal
Court judge and four eminent persons appointed by the Prime Minister.

According to Clause 21 of the bill, the JAC is entrusted with the
responsiblity to select suitable and capable candidates as judges of the higher
courts.

Candidate must meet several criteria including being persons of high
moral values and integrity asides judicial capability.

In the interview, Abdul Hamid said according to the provisions of the Bill,
appointments for judicial commissioners, High Court judges, Appeals Court
judges, Federal Court judges, Chief Judge of Malaya and Chief Judge of Sabah and
Sarawak should not pose a problem, but it need not be the case where the CJ and
Appeals Court president are concerned.

"In making the choice for Appeals Court president, the Chief Judge of
Malaya, Chief Judge of Sabah and Sarawak and the Federal Court judge, who are
members of the JAC, have a stake in the matter. This means they will have to
abstain from participating in the proceedings.

"And as the Bill states that a minimum quorum of seven members must
be met in making these appointments, it might be very difficult to meet this
requirement.

"It becomes more complicated when it comes to appointing the CJ. The
Appeals Court president, Chief Judge of Malaya and Chief Judge of Sabah and
Sarawak have a stake in the matter and as such, they will have to abstain in the
selection process. Again the minimum seven persons quorum requirement cannot be
met," said Abdul Hamid, who retired in October.

Should the CJ be unable to be present when the selection meeting is held,
he said the meeting would have to be carried out without him, the Appeals Court
president, Chief Judge of Malaya and Chief Judge of Sabah and Sarawak.

"This will have two consequences, first the quorum cannot be attained.
Secondly it means for appointments at the lower rungs, there will be a full
quorum including the four senior most judges but when it comes to the top judge,
these four senior judges will not be able to partake in the meeting.

"It also means when it comes to appointing the CJ, the meeting will
only be attended by a federal court judge and four non-judges who are appointed
by the Prime Minister.

"Is this the real purpose of the Bill? I am just bringing it up so that the
MPs can ponder about it," he stressed.

Asked about his view on the setting up of the JAC, Abdul Hamid declined to
comment saying it was a policy matter that came under the purview of Parliament.

The JAC was mooted to reform the Judiciary for greater transparency and
integrity in the administration of justice.

-- BERNAMA