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A two-month extension for CJ? PDF Print E-mail
Thursday, 18 October 2007 03:50pm

Chief Justice Ahmad Fairuz Sheikh Abdul Halim©Malaysiakini (Used by permission)
by Beh Lih Yi

Embattled Chief Justice Ahmad Fairuz Sheikh Abdul Halim, who is due for retirement at end of this month, is expected to get a short extension to continue his service.

Malaysiakini learnt that Ahmad Fairuz will get an extension between two and three months.

The timing of the extension is questionable as the head of the judiciary has come under tremendous public pressure since the revelation of the infamous ‘Lingam tape’ on Sept 18.

It has been reported that Ahmad Fairuz had put in an application for a six-month extension to the king but has not received an official reply as yet.

Article 125 of the Federal Constitution states that a federal court judge shall hold office until he attains the age of 66 and a further six months “as the Yang di-Pertuan Agong may approve”.

The Conference of Rulers, which endorses the appointment and promotion of judges, will meet for two days from Oct 31, which also happens to be the last day for Ahmad Fairuz in office.

Chief Justice since 2003, Ahmad Fairuz will turn 66 on Nov 1.

One of the most senior and influential sultans, Perak’s Azlan Shah - a former lord president in the 1980s - is said to be “concerned” over the extension given to Ahmad Fairuz.

The chief justice’s office, when contacted this morning, said they have no knowledge over the extension.

Ahmad Fairuz could not be contacted as he is still on leave. He is not expected to be back until next week.

‘Post should be filled soon’

De facto law minister Mohd Nazri Abdul Aziz, in an interview with Malaysiakini last week, denied the speculations that Ahmad Fairuz would be granted an extension.

He however called for the top post in the judiciary to be filled as soon as possible, in the event it was vacated by end of the month.

“Any vacancy should not be left too long, it has to be filled up because there are so much work,” said Nazri, who is the minister in the Prime Minister’s Department.

Ahmad Fairuz’s implication in the Lingam tape also resulted in the powerful Bar Council urging him to withdraw his application for the extension.

A poll currently being conducted on the Malaysian Bar website showed that 95.57 percent of the voters agreed that Ahmad Fairuz’s term should not be extended. A mere 2.85 percent voted in favour for such an extension while 1.85 percent returned ‘not sure’.

At press time, some 316 people had taken part in the poll which was put up yesterday.

By convention, the judiciary’s No 2, the Court of Appeal president will be elevated to the chief justice’s post upon a vacancy.

The post is currently held by 65-year-old Abdul Hamid Mohamed, who took over the post in early September.

A four-decade legal career

Kedah-born Ahmad Fairuz joined the judicial and legal service four decades ago, starting as a cadet legal officer. He has held various posts until he climbed up to be the chief justice.

He came under public scrutiny lately when opposition party PKR revealed an eight-minute video clip recorded in 2002 which showed senior lawyer VK Lingam in a telephone conversation purportedly with Ahmad Fairuz on appointing ‘friendly’ judges.

Ahmad Fairuz was the Chief Judge of Malaya at the time, the No 3 in the judiciary.

Although Ahmad Fairuz has not commented on the matter, de facto law minister Nazri had said that the CJ had denied being involved in the phone conversation to him.

The clip has prompted an outrage within the legal fraternity and among the public.

A 2,000-strong crowd of lawyers held an unprecedented 3.5km march to ask the government to form a royal commission of inquiry to investigate the issues raised in the clip thoroughly.

Responding, the government however only set up a three-man panel - which is not empowered to compel any witnesses to come forward - to investigate the authenticity of the clip.

Comments (5)Add Comment
CRY, MY BELOVED COUNTRY
written by Stephen Tan Ban Cheng, Thursday, October 18 2007 04:17 pm

For the record, the three-man panel was set up following an announcement on Sept 25, or one clear day before about 2,000 lawyers walked for justice on Sept 26. The number was unprecedented in Malaysia's 50-year history as a nation. More so when it was a normal working day for the Courts throughout the country.

Since the call to "Walk for Justice" was made by the Bar Council a few days before Sept 25, after a bitter exchange of words with the de factor minister of law Datuk Nazri, the setting up of the panel can be interpreted as an attempt to assuage the Bar Council as it had earlier called for the establishment of the Royal Commission of Inquiry (RCI).

The Bar Council remains adamant in its call for a RCI although it is prepared to work with the three-man panel which has since upped the ante by setting preconditions. The panel wants to know the issues to be discussed before meeting the Bar Council.

This precondition appears to be intriguing sice the panel had, at its establishment, said that it was prepared to lend its ear to all parties. By dealing with the statutorily-regulated Bar Council in this manner, the panel comprising two former top Judges has not shown its wisdom. Alternatively and increasingly, the smart money is on the view of pundits that the panel may have something to hide!

Of course, I hope and pray that the latter is not the case. Cry, my beloved country ...

Stephen Tan Ban Cheng

"But you just keep quiet, don’t say anything...
written by Lim Sey Wee, Thursday, October 18 2007 08:17 pm

"But you just keep quiet, don’t say anything. Even the press asked, you said I leave it to God, that’s all. Don’t say. I really like your message. You said you work very hard, what can I do? I leave it to God. That’s the best answer Datuk that you can ever be."

Whether or not CJ's term will be extended, CJ will just keep quiet and leave it to God!

Lim Sey Wee

Let's see what happens next...
written by Shim Wai Loon, Thursday, October 18 2007 08:41 pm

It is not surprising at all for the CJ's term gets extended for another 2 to 3 months as there is no evidence found by the panel, since no one is coming forward to testify (strangely, when it involves authenticity of video clip or the sort, expert opinion is crucial but none of the panel is an expert in this field, since FBI's assistance can be used for a murder case investigation, why not for this video clip?). Then, one is presumed innocent until he is proven guilty, so what is the problem of extending the tenure? It is just a matter of strategy;

I am more interested in who will be the next CJ, still remember when one lawyer became a Federal Court judge in an overnight, there were rumours that that appointment was meant for the replacement of the top judge. In respect of such rumours, I have a crazy theory in mind. Now, we are getting closer to the answer and I look forward to see if my theory is right.

Shim Wai Loon

Now i see !
written by Visvanathan Murugiah, Friday, October 19 2007 12:06 pm

Everyone knows that in Malaysia our boys in blue from PDRM arrests first and then investigates. This is more often than not followed by an application for remand of the suspect for a number of days to facilitate the said investigative process. Of course our learned magistrates give in to the said applications without as much as blinking an eye. Fact is so long as you are accused of an offence you are arrested first.Period. (Never mind the fact that whilst investigating the suspect more often than not gets the whacking of his life.)Even the respected honorable Mr IGP confirmed this procedure in press reports a few days ago.

Now consider this. A so called prominent lawyer is accused of an offence. (The way i see it many offences.) He also has an accomplice or rather many accomplices.

What happens next is strange or rather odd from the standard operating procedures for our boys in blue. No arrests!This despite public outcry. Despite the fact that you had more or less 2000 lawyers walking the streets of Putrajaya clamouring for investigations to be conducted. A Royal Comission was demanded in the name of justice. Way to go guys!

Then the De Facto Minister for Law calls the lawyers all crazy. Government also sets up a toothless Investigative Panel. They have yet to meet and discuss or rather investigate anything. Their only function is to verify the authencity of the infamous video clip. Ha-ha....!!! Had to laugh at this juncture. What a lame show!!!

What happened here Mr IGP? No arrests? Why? I thought you said this is standard operating procedure here in Malaysia. Hmmm.... Oh I see... I get it now.

Here in this case it possibly involves VIP's,judges, prominent people and yes even ministers. We have different sets of rules for them and a different set of rules for the average Joe. I see clearly now. Much dust has been removed from my eyes.

Thanks for the clarification.

Cheers,
Visvanathan Murugiah

WHY SO HARD UP?
written by Ng Hong Chai, Friday, October 19 2007 11:11 pm

If I were the CJ I would not ask for the two months extension. What for? At this age what does one hope to achieve, except to do something to atone for one's misdeeds, or if one has not committed any misdeed, to retire and have a good rest. Not much time left for rest! I for one is not that far off.

Ng Hong Chai


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