At least 2 more judges may be promoted to Federal Court

 

Justices Abu Bakar Jais and Lee Swee Seng are among several candidates being touted to be elevated to the Federal Court to fill four vacancies.

PETALING JAYA: At least two Court of Appeal judges may be elevated to the Federal Court as early as next month to attend to the apex court’s mounting workload, sources said.

This follows the opening up of four vacancies in the apex court, the latest after the mandatory retirement of Justice Vernon Ong early this month.

“At least two vacancies will be filled, but maybe even all four,” a source told FMT.

There are currently 11 sitting Federal Court judges available to hear the whole gamut of criminal and civil appeals as well as other motions and other applications.

They include Chief Justice Tengku Maimun Tuan Mat, Court of Appeal president Abang Iskandar Abang Hashim, Chief Judge of the High Court of Malaya Zabidin Diah, and Chief Judge of Sabah and Sarawak Rahman Sebli.

A source said Justice Abu Bakar Jais is a frontrunner for elevation, having already been invited on several occasions to sit on Federal Court panels.

“Another is Justice Lee Swee Seng, who is being touted to replace Ong,” added the source.

The two remaining slots are likely to be filled from among Justices Yaacob Sam, Abdul Karim Abdul Jalil, Hanipah Farikullah and Kamaludin Said, currently the four most senior judges in the Court of Appeal.

The source said filling all four vacancies will allow Tengku Maimun a wider choice when empanelling judges who will also be expected to review death penalty sentences already imposed on about 800 convicts.

This follows the expected passing into law of the Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Bill, which has already been approved by both houses of Parliament.

The new law will empower the Federal Court to retrospectively review mandatory death sentences previously handed down for convictions of crimes such as murder, drug trafficking, and possession of firearms.

According to procedure, Tengku Maimun will chair a meeting of the Judicial Appointments Commission (JAC), which will propose to Prime Minister Anwar Ibrahim candidates for appointment to the apex court.

Section 27 of the JAC Act empowers the prime minister to request the names of two additional judges for his consideration.

Under Article 122B of the Federal Constitution, the Yang di-Pertuan Agong, acting on the advice of the prime minister, appoints judges after consulting the Conference of Rulers.

The selection criteria includes integrity, competency, experience, the ability to make timely judgments, and good writing skills.

“Seniority is also a factor that will be considered for elevation to the apex court,” said a former JAC member, who spoke on condition of anonymity. - FMT