INTERVIEW Policy-sensitive cases are best left for politicians to resolve and not through the courts, a retired Court of Appeal judge opined today.

Justice Mohamad Ariff Md Yusof, who retired on Jan 21, was commenting on the case of The Herald 's usage of 'Allah'.

Asked whether the whole appeal should have been heard by the Federal Court when it refused to grant leave (permission) in the highly-sensitive case, he admitted that it is a difficult question to respond to.

Justice Ariff ( left ) noted that he has personal views on the matter, but declined to elaborate further.

“As an ex-judge, you have to be mindful that you have served in the judiciary, and then you must not do things to diminish the integrity of the judiciary. If other people have decided that one way is right or wrong, I do not think it is proper for an ex-judge to condemn (them).”

“Talking generally, there are certain things or areas of life which cannot satisfactorily be decided through the legal method, where the element of policy is very high. No judge could get it 100 percent right (in such cases) as you cannot satisfy everyone,” he said.

Justice Ariff - who was appointed to the High Court in September 2008 and marked his 66th birthday on Jan 22 - added that there will be continuous discussions or debates on such cases.

Hence, he emphasised that judges have to tread carefully on how they decide those cases to make sure that they do not stray beyond the narrow confines of the case or the law.

“(In the end,) those cases are best left to politicians to decide (and resolve),” he told several reporters in an exclusive interview following his retirement.

The Herald 's case had seen an end to the Roman Catholic archbishop's appeal to use the word 'Allah' in its Bahasa Malaysia publication, following the apex court's decision on not granting leave, and a review of the seven-member bench decision - which was also dismissed last month.

Despite the decision by the apex court, it had not managed to quell the dissatisfaction felt by the Christian community - especially those in Sabah and Sarawak - as they have been using the term for many years in the Bahasa Malaysia language to denote their god.

The highly-charged case has seen many interveners from six state Islamic councils, and other Christian organisations acting as a watching brief.

Plans after retirement

Justice Ariff gave the interview at the posh Cheang & Ariff law firm at Jalan Medan Tuanku today. He was formerly a partner at the firm before becoming a judge.

The office is located at a pre-colonial building which was once a Japanese military headquarters during World War II. It has been restored to its former glory by Justice Ariff's former partner.

When asked on his plans after retirement, Ariff - who had made several landmark decisions, including the High Court decision on whether Gobind Singh Deo would get remuneration after his suspension from Parliament - said he would likely act as a consultant or do arbitration.

He had also previously been part of the Court of Appeal panel in former Selangor deputy speaker Nik Nazmi Nik Ahmad's Peaceful Assembly Act case, the Teoh Beng Hock inquest appeal, and the A Kugan case.

Justice Ariff - who did law, along with his masters, at the London School of Economics in 1969 - said his job options are very limited, being now a former judge.

“They (retired judges) cannot be expecting projects, it's not on. So, most of them - especially those from practice - will opt back for practice in a capacity that is different from what they used to do like consultancy or arbitration.

“A lot of us still do arbitration work. There is nothing wrong with an ex-judge entering into practice.”

He quipped: “Maybe your next question is whether it is right for an ex-judge to appear in court.

“There is no law or rule of practice to say they cannot. Sometimes, it is good to have an ex-judge appear in court because they can elevate the standard of advocacy and submissions. It will depend on a case-to-case basis.

“As a general rule, it may not be proper (for an ex-judge) to appear in courts on a daily basis,” he noted.

Tomorrow: 'Right person needed to hear commercial cases'