Lack of transparency over Terrirudin's JAC appointment troubling: Bar

The Malaysian Bar had called out the government over the lack of transparency regarding the appointment of Federal Court judge Ahmad Terrirudin Salleh to the Judicial Appointments Commission (JAC).

While acknowledging that the appointment is under the prime minister’s purview, Bar president Ezri Abdul Wahab said the position is usually filled by the most senior members of the Federal Court.

“Departing from this practice raises legitimate questions about the basis for the decision, particularly in the absence of any clear explanation of the criteria used.

“Predictability, clarity, and respect for established norms are essential to sustaining public confidence in the independence of the judiciary,” he said in a statement today.

Terrirudin’s two-year appointment to JAC took effect on Nov 15.

He was appointed by Prime Minister Anwar Ibrahim under the executive’s quota of five JAC members.

Under that quota, the prime minister can appoint one Federal Court judge and four eminent persons who are not members of the executive or other public service.

The other four members, who are automatically appointed by virtue of their position in the judiciary, are the chief justice, who is also the commission’s chairperson, the Court of Appeal president, and the two chief judges representing East and West Malaysia.

READ MORE: KINIGUIDE | On the appointment of judges and how PM has a role

Opaque appointment process

Ezri stressed it was essential for JAC’s composition and decision-making process to inspire public confidence, as the body plays a vital role in safeguarding judicial independence by recommending candidates for the highest judicial offices.

“However, when appointments to the JAC appear opaque or lack a clear rationale, it risks undermining confidence in the entire judicial system.

“Transparency is essential to ensure that the public can be confident that appointments are made solely on merit, free from political or other undue influence,” Ezra added.

Leaked minutes

JAC came under scrutiny in the middle of this year over allegations that a Federal Court judge was accused of judicial interference during a commission meeting in May.

Queries by Malaysiakini to the judge in question in June led to a police investigation after the judge ordered an aide to lodge a report.

Later in July, purported minutes of the meeting leaked on social media, leading to fears that the executive was trying to exert control over the judiciary, with the judge in question allegedly poised to become chief judge of Malaya and then the chief justice.

However, the scandal died down after the then Court of Appeal judge Wan Ahmad Farid Wan Salleh was elevated as chief justice following the retirement of Tengku Maimun Tuan Mat.

In response to speculation, Prime Minister Anwar Ibrahim denied that he had nominated Terrirudin for consideration as chief justice.

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