AG from bench will be more focused on central issues, says ex-judge

 

A debate is ongoing on whether a lawyer or judge is better placed to be the attorney-general.

PETALING JAYA: A sitting judge appointed as attorney-general is trained to be fair in advising the government on non-policy issues, administrative matters and enforcement of laws, a retired judge said.

Gopal Sri Ram said a judge would take an overall approach as he would have handled criminal and civil cases.

“He will know where the balance of justice turns. Fairness, rather than a biased view, will be the approach of a judge,” he told FMT.

The former Federal Court judge said this in response to a statement by Charles Hector of the Malaysians Against Death Penalty and Torture (Madpet) movement that the government should not appoint a sitting judge as attorney-general.

Gopal Sri Ram.

Hector said such appointments would raise questions about the independence of the judiciary and the judges themselves.

He suggested that a senior public officer such as a federal counsel or prosecutor from within the Attorney-General’s Chambers (AGC) or a lawyer be appointed as the AG.

Sri Ram said an experienced judge could form a judgment on a particular set of facts given by the government as he was trained to focus on central issues.

“He could concisely provide an answer which is easily understood by everyone,” he said

Moreover, the AG who doubles up as public prosecutor will also ensure unnecessary prosecution is not brought in, thus saving resources and the court’s time.

He said the AG’s relationship with the judiciary would also be non-confrontational due to his attachment with the institution.

Sri Ram said Singapore was a good example where incumbent and former judges such as Chan Sek Keong, Sundaresh Menon, Stephen Chong and V K Rajah served well as attorney-general.

On Dec 16, The Star reported, citing sources, that Court of Appeal judge Kamaludin Said as well as High Court judges Wan Ahmad Farid Wan Salleh and Ahmad Fairuz Zainol Abidin were being considered for the post by Prime Minister Anwar Ibrahim.

FMT also reported that three serving judges appeared to be in Anwar’s consideration for appointment: Federal Court judge Zabidin Diah and Court of Appeal judges Yaacob Sam and Abdul Karim Abdul Jalil.

Since 1994, the government has appointed three sitting judges as AG. They are the late Mohtar Abdullah, Apandi Ali and current AG Idrus Harun. - FMT