General & Misc

Seniority Should Be the Overriding Factor in Elevation of Judges

Date: 29 November 2018; Type: Industry Updates; Source: Malaysian Bar

The Malaysian Bar has congratulated the four Judges who were elevated to the Federal Court and the five Judges who were elevated to the Court of Appeal, on 26 November 2018, and wished them all the very best in their new positions in the Judiciary.

The Malaysian Bar has also welcomed the increase in gender and ethnic representation among the Judges of the appellate courts resulting from these elevations, and said they have frequently advocated greater inclusivity and diversity in the appointments and promotions of Judges.

They have also noted, however, that several Court of Appeal Judges and High Court Judges who rank higher in terms of seniority have been bypassed for promotion, for unknown reasons. They also said that they although they do not question the abilities, capabilities or suitability of the Judges who were elevated, they are more concerned that the omission of the more senior Judges may invite an adverse perception of the Judiciary as a whole.

The Malaysian Bar said they have consistently called for the appointment and promotion of Judges to be reformed - clearly defined criteria for the selection process, meaningful consultation with all relevant stakeholders, and transparency and accountability of all involved in the appointments processes are essential. Until such reform takes place, seniority should be the foremost criterion in any promotion exercise. 

"The bypassing of more senior Judges does a significant disservice to the Judiciary because it lends to the negative inference that these Judges are deemed to be less qualified or less suitable for promotion. The uncertainty Judges face about their future does little for the morale of judicial officers who have made a commitment to a career on the Bench. It also does little to dispel unnecessary and unhealthy speculation about promotions, which is unfair to those who are promoted. All this does not augur well for public confidence in the Judiciary and the administration of justice and would be inimical to the public interest.", said the Vice President of the Malaysian Bar

The Malaysian Bar has also welcomed the statement made in the press release issued by the Office of the Chief Justice of the Federal Court of Malaysia on 26 November 2018, that “[T]he “Malaysian Judiciary will not countenance any judicial interference of whatsoever nature by anyone, especially by judges in the disposal of cases before the court”. Judicial independence is sacrosanct, and even a mere spectre of judgments being tainted by undue pressure is cause for grave concern. 

The Malaysian Bar Vice President continued that the organization is deeply troubled by the allegations of judicial interference that have been raised by a Judge of the Court of Appeal, and by a Member of the Bar. The abovementioned press release stated that the Judiciary, in its internal investigations, was “not in a position to make a definitive finding” (in the former case), and had to suspend its inquiry (in the latter case). In light of these inconclusive outcomes, he reiterated the call for a Royal Commission of Inquiry (“RCI”) to be established without delay, to investigate these serious assertions of judicial misconduct as well as to recommend holistic reforms to improve and strengthen the Judiciary.

Notice: The Publishers of Asean LIP acknowledge the permission granted by the relevant official/ original source for the reproduction of the above/ attached materials. You shall not reproduce the above/ attached materials in whole or in part without the prior written consent of the Publishers and/or the original/ official source. Neither the Publishers nor the official/ original source will be liable for any loss, injury, claim, liability, or damage caused directly, indirectly or incidentally to errors in or omissions from the above/ attached materials. The Publishers and the official/ original source also disclaim and exclude all liabilities in respect of anything done or omitted to be done in reliance upon the whole or any part of the above/attached materials. The access to, and the use of, Asean LIP and contents herein are subject to the Terms of Use.

Get ASEAN LAW ALERT

Legal updates by e-mail. It's Free.

INDUSTRY UPDATES

No Freeze in Intake of Foreign Workers - Ministry

KUALA LUMPUR, May 18 (Bernama) - The Human Resources Ministry has clarified that there is no freeze in the recruitment of foreign workers although many applications to bring in workers have been rejected for non-compliance with the law.

Read More

INDUSTRY UPDATES

Actions against those who tarnish Judiciary's Image, Dignity, says CJ

PUTRAJAYA, May 17 (Bernama) - Actions will be taken against those who tarnish the judiciary's image and dignity, says Chief Justice Datuk Tengku Maimun Tuan Mat.

Read More

INDUSTRY UPDATES

Right Decisions only Way for Judiciary to recover Glory - Attorney General

PUTRAJAYA, May 17 (Bernama) - Attorney-General Tommy Thomas says judges must always endeavour to make the right decisions, without fear or favour, and regardless of the personality of the party or the accused before them.

Read More

INDUSTRY UPDATES

Transport Ministry makes it More Flexible for e-hailing Drivers to obtain PSV Licence

KUALA LUMPUR, May 17 (Bernama) - The Ministry of Transport is willing to make it easier for e-hailing drivers to clock in the six hours of course time to obtain a Public Transport Vehicle (PSV) licence.

Read More

INDUSTRY UPDATES

RM1.56 Mln Fine on Poachers, highest so far for Wildlife Crimes

PUTRAJAYA, May 17 (Bernama) - The Kuala Terengganu Sessions Court's decision to fine RM1.56 million each on two Vietnamese poachers has been the highest amount so far for wildlife crimes in the country's history, said Water, Land and Natural Resources Minister Dr Xavier Jayakumar.

Read More

INDUSTRY UPDATES

Adib Inquest: Lawyer grills Forensics Expert on 'Probability Report'

SHAH ALAM, May 16 (Bernama) - A lawyer questioned the ‘probability report’ of a specialist medical witness in the inquest into the death of Muhammad Adib Mohd Kassim, that injuries to the right chest of the firefighter were caused by a curb or road shoulder.

Read More

INDUSTRY UPDATES

Government agrees to appoint a Youth to represent them in the Senate

BANGI, May 15 (Bernama) - Prime Minister Tun Dr Mahathir Mohamad announced that the government has agreed to appoint a member of the Senate from among the youths with wide expertise and knowledge in the field and issues on the development of youths.

Read More

INDUSTRY UPDATES

MoF sets up Debt Management Office

KUALA LUMPUR, May 15 (Bernama) - The Ministry of Finance has set up the Debt Management Office (DMO) to review and manage the government’s debt and liabilities.

Read More

INDUSTRY UPDATES

Universities, Industry Players to join forces for IR 4.0

GEORGE TOWN, Apr 29 (Bernama) - The joint forces of the brains in the universities and the capacity and capabilities of key industries will make a change for a better world through the Fourth Industrial Revolution (IR 4.0), said Universiti Sains Malaysia (USM) vice-chancellor Prof Dr Asma Ismail.

Read More

INDUSTRY UPDATES

BNM appoints Two External Members to Monetary Policy Committee

KUALA LUMPUR, Apr 29 (Bernama) - Bank Negara Malaysia (BNM) has reappointed Professor Dr Yeah Kim Leng and appointed Datuk Dr Gan Wee Beng as external members of its Monetary Policy Committee (MPC) effective April 1, 2019.

Read More

INDUSTRY UPDATES

Those given Trust, Power should Build a better Nation Based on Rule of Law - Sultan Nazrin

KUALA LUMPUR, Apr 25 (Bernama) - The Sultan of Perak, Sultan Nazrin Shah said those given the trust, power and position, now have the opportunity to build a better Malaysia based on the rule of law.

Read More

INDUSTRY UPDATES

King decides High Court Registry Location on Advice of PM - Sabah Law Society

KOTA KINABALU, Apr 25 (Bernama) - The principal registry of the High Court of Sabah and Sarawak can be relocated to any place in Sabah or Sarawak as determined by the Yang di-Pertuan Agong acting on the advice of the prime minister, the Sabah Law Society (SLS) said today.

Read More

INDUSTRY UPDATES

Mobile Application on Labour Market Information Launched

PUTRAJAYA, Apr 23 (Bernama) - Information on Malaysia's labour market is now available at the fingertips with the launch of a new mobile application, Labour Market Information Gateway or LMI Gateway today.

Read More

INDUSTRY UPDATES

Former Lawyer Pleads not Guilty to CBT Over Client's House Sale Proceeds

KUALA LUMPUR, Apr 23 (Bernama) - A former lawyer pleaded not guilty at the Sessions Court here today to a charge of criminal breach of trust amounting to RM338,000 which was the proceeds from the sale of a house belonging to his client three years ago.

Read More

INDUSTRY UPDATES

Cybersecurity Challenge should be viewed as an Opportunity - Gobind

CYBERJAYA, Apr 23 (Bernama) - A national innovation ecosystem needs to be developed to transform cybersecurity challenges towards forming new opportunities, ideas and solutions, Communications and Multimedia Minister Gobind Singh Deo said today.

Read More