The appointment of Ahmad Terrirudin Salleh as a member of the Judicial Appointments Commission (JAC) was done within the prime minister’s discretion as per the law, said Chief Justice Wan Ahmad Farid Wan Salleh.
He told reporters today that the prime minister’s decision, which cannot be challenged, was made without needing to consult anyone, not even himself.
“I cannot question, nobody can question (the appointment) because it is (within the prime minister’s) power, so we accept it as it is.
“Since (Terrirudin) is a member of JAC, appointed by the PM, we will continue the meeting, with him, as a member,” said Wan Ahmad Farid.
Departure from norms
Terrirudin (above) was appointed as one of the nine members of the JAC last month.
Section 5(1) of the JAC Act states that the members of the commission include the chief justice, the Court of Appeal President, the Chief Judge of Malaya, and the Chief Judge of Sabah and Sarawak.
The remaining five members, usually appointed by the prime minister, would consist of a Federal Court judge, as per Section 5(1)(a) and four eminent persons who are not members of the executive or public service.
Terrirudin replaced former Federal Court judge Zabariah Yusof, who retired in October.
The move was touted as a departure from the longstanding practice of assigning that slot to a senior apex court judge.
Wan Ahmad Farid added that comments made about Terrirudin throughout his tenure should be fair and based on his demeanour and judgment in court.
“If you want to judge Terrirudin, let us be specific about it. If you want to judge him, (do so) based on his grounds of judgment, his demeanour in court, the way he handles the lawyer, (and) submissions by both parties.
“Not by any other matters, not by history. People can judge me based on my history, but is it fair to that particular judge?
“So the best way is for the public to accept things as they are, move on, and to judge a particular judge based on his performance inside the court.”
JAC controversy
The JAC selects persons who merit appointment as judges of the superior court for the prime minister’s consideration, among other roles.
It was the subject of intense scrutiny and controversy over allegations that a Federal Court judge was accused of judicial interference during a commission meeting in May.
Queries by Malaysiakini to the judge in June led to a police investigation after the judge ordered an aide to lodge a police report.
Later in July, purported minutes of the meeting leaked on social media.
This led to a full-blown judicial scandal, with fears that the executive was trying to exert control over the judiciary, with the judge in question allegedly poised to become chief judge of Malaya and then the chief justice.
However, the scandal died down after then Court of Appeal judge Wan Ahmad Farid was elevated as chief justice following the retirement of Tengku Maimun Tuan Mat.
In response to speculation, Anwar denied that he had nominated Terrirudin for consideration as chief justice.
No complaints against Terrirudin
Wan Ahmad Farid further said that there were no complaints against Terrirudin in his capacity as a judge.
“The problem is, whatever the allegation was made, it was not in his capacity as a judge. There lies the problem.
“Insofar as he was made a judge, there were no complaints against him. So how would we, a tribunal or committee, act against him? Because the complaint is not against him in his capacity as a sitting judge.”
Wan Ahmad Farid further added that no judgment can satisfy everyone.
“Not everybody is going to be happy when a judge delivers a decision. That’s for sure.
“What I can say is, we have avenues in our system, an aggrieved person can go to the higher court to appeal, but to say that a judge is not doing his job is something that I cannot accept.
“You can criticise a judge; they are not above criticism. But the criticism has to be made academically.” - Mkini
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