Don’t appoint sitting judge as AG, says rights group

 

Madpet spokesman Charles Hector said a senior public officer such as a federal counsel or prosecutor from within the Attorney-General’s Chambers, or any lawyer should be appointed as the AG. (Charles Hector Facebook pic)

PETALING JAYA: A rights group has advised the government against appointing a sitting judge as the attorney-general (AG) in order to preserve the independence of the judiciary.

Charles Hector of the Malaysians Against Death Penalty and Torture (Madpet) said that such appointments raises questions on the independence of the judiciary and the judges themselves.

“Would the people be confident of the independence of these judges in cases where one of the parties is the prime minister or the government?” Hector, who is the NGO’s spokesman said in a statement.

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

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

However, Hector said these judges should remain on the bench until they retire.

He was also against the appointment of recently retired judges for the AG’s post saying there must be a “cooling-off period” of at least three years.

He said this was to avoid the perception that one was being rewarded with the post.

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

Historically, it has been the practice of the government to appoint a sitting judge as an AG. The late Mohtar Abdullah, Apandi Ali, and present officeholder Idrus Harun also rose from the bench to be appointed as the AG. - FMT