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Monday, January 9, 2023

Federal Court vacancies will be filled soon, says CJ

 

Tengku Maimun Tuan Mat says former prime minister Najib Razak’s motion to review his conviction and sentence in the SRC International corruption case will proceed as scheduled from Jan 19 to 26. (Bernama pic)

PUTRAJAYA: Chief Justice Tengku Maimun Tuan Mat is optimistic that vacancies in the Federal Court arising from the mandatory retirement of several judges will be filled soon.

Speaking to reporters after officiating a ceremony to mark the opening of the legal year, she said all consultations with the executive on the appointment process have been completed.

This comes after the Conference of Rulers had “considered several papers” at its meeting last November, she said, without further elaboration.

The top judge was responding to a recent report that the Federal Court had vacated the hearing of a family dispute due to a lack of available judges to form a coram.

Four vacancies arose last year upon the retirement of Justices Rohana Yusuf (Court of Appeal president), Azahar Mohamed (Chief Judge of Malaya), Zaleha Yusof and Zawawi Salleh.

Of the 11 judges currently serving in the apex court, four who sat for the appeal cannot hear the application, while several others have been recused.

Tengku Maimun said the Judicial Appointments Commission (JAC), which she chairs, had proposed replacements for Justices Zaleha and Zawawi early last year but the appointments have not taken place due to a “glitch”.

Azahar retired in October, and Rohana in November, last year.

Despite this, Tengku Maimun said Najib Razak’s motion seeking a review of his conviction and sentence, scheduled between Jan 19 and Jan 26, will proceed.

“A panel has been set up,” she said.

On Aug 23 last year, a five-member bench chaired by the Chief Justice affirmed Najib’s 12-year jail sentence and the RM210 million fine handed down by the High Court in the former prime minister’s SRC International corruption case.

Asked about Najib’s petition to the United Nations Human Rights Council Working Group on Arbitrary Detention (UNWGAD) seeking a release from prison or retrial of his case, Tengku Maimun said Najib was free to do whatever he wanted.

“It is entirely up to him and does not concern the judiciary. We have discharged our responsibility in that case.

“Whatever avenue he wants to explore is beyond us,” she said.

Najib’s lawyer, Shafee Abdullah, held a press conference last week to announce the filing, claiming that his client’s appeal in the Federal Court suffered from “serious defects” and went against the “rules of international justice”. - FMT

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