The elevation of nine judges to the Court of Appeal and the Federal Court today saw more junior judges overriding their seniors for a place at the apex levels of the Malaysian judiciary.

Justices Richard Malanjum 52, Arifin Zakaria 54, Nik Hashim Nik Ab Rahman 62 and Augustine Paul, 60 were formally appointed as Federal Court judges following an oath taking ceremony at the Palace of Justice in Putrajaya today.

Four most senior judges at the Court of Appeal - justices Gopal Sri Ram, Mokhtar Sidin, Denis Ong and Abdul Kadir Sulaiman - were overlooked for promotions.

From the total of 12 judges at the Appeals Court, Richard is ranked sixth, Arifin seventh, Nik Hashim eleventh while Paul ( photo ) - who is noted for hearing the corruption trial of former deputy prime minister Anwar Ibrahim - is ranked last in the list.

Today's ceremony also saw four judges - James Foong 59, Azmel Maamor 63, Mohd Noor Abdullah 65, Zaleha Zahari 56 and Zulkefli Ahmad Makinuddin - promoted to the Court of Appeal.

From the total of 59 High Court judges in the country, Foong is ranked second, Azmel fourth, Mohd Noor sixth, Zaleha thirteenth while Zulkefli is ranked fourteenth.

Due to the lack transparency on the selection process of judicial appointments, it is not known how the junior judges were chosen over their more senior colleagues.

No response to Bar's memo

A memorandum from the Malaysian Bar calling for the establishment of an independent Judicial Services Commission to oversee judicial appointments was submitted to Chief Justice Ahmad Fairuz Sheikh Abdul Halim in 2003. However, there was no response from the CJ.

The memorandum was sent amidst furore over the controversial 2003 judicial appointments which also saw a list of junior judges surpassing their then senior colleagues for the promotions.

Among those promoted in the 2003 batch included Paul, Ariffin Jaka who sentenced Anwar to nine years' jail for sodomy, and Pajan Singh Gill who upheld Ariffin's decision. The sodomy conviction was reversed by the Federal Court in September last year.

Ahmad Fairuz had then defended the promotions stating the judges were chosen based on many factors which include "ability, integrity, experience and social conduct".

Speaking on his elevation, Paul told reporters that he was happy with his appointment which he described as "God's will".

"It (the appointment) is the will of God. This is what God has destined me to do. I will do my best to fulfill my responsibilities," said the judge who was accompanied by his wife Dr Mariammal Paul and children Dr Juliana Sharmini and Alan John at the ceremony.

No gender bias

The only woman judge in today's promotion exercise, Zaleha said her appointment to the Court of Appeal has nothing to do with her gender.

"I would say that in the discharge of our function (as judges), gender is not an issue. You are given the duties and you must do your best to carry the job entrusted in you," she said.

She said that throughout her career in the judicial and legal services which started in 1974, she had never experienced gender bias.

"On my part, I have never encroached any gender bias. Whenever I am given the opportunity to do something, they did not look at me because I am a woman," Zaleha added.