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©New Straits Times (Used by permission)
by Deborah Loh and V. Anbalagan

PUTRAJAYA: Court of Appeal president Datuk Abdul Hamid Mohamad has been named acting chief justice, succeeding Tun Ahmad Fairuz Sheikh Abdul Halim, whose retirement was confirmed yesterday.

An announcement by the prime minister ended speculation on whether Fairuz’s application to the Yang Di-Pertuan Agong for a six-month extension would be granted.

Datuk Seri Abdullah Ahmad Badawi confirmed Fairuz’s retirement, effective on his 66th birthday on Wednesday.

“He has retired and I thank him for his contributions to the judicial system.

“Now that the post is vacant, according to the law, the Court of Appeal president may act as chief justice temporarily,” Abdullah said at his office yesterday.

Fairuz was appointed chief justice on March 17, 2003.

Hamid, 65, was appointed Court of Appeal president on Sept 5.

Asked when a new chief justice would be named, Abdullah said: “We’re working on it as fast as possible.”

A spokesman at the office of the Keeper of the Rulers’ Seal told Bernama that the Conference of Rulers meeting, which ended yesterday, did not discuss a new appointment for the chief justice’s post as the government had not submitted a name for discussion.

“What was reported in a newspaper about the rulers discussing his position was mere speculation,” he said.

The Prime Minister’s Office also issued a written statement yesterday, which read:

“Yang Amat Arif Tun Ahmad Fairuz Sheikh Abdul Halim has retired as chief justice on Oct 31.

“According to the Courts of Judicature Act 1964 (Act 91), if the post of chief justice falls vacant, the powers can be assumed by the Court of Appeal president.

“Therefore, the Court of Appeal president, Yang Arif Datuk Abdul Hamid Mohamad, will be acting chief justice from today until an appointment is made.

“A permanent appointment for the post will be made as soon as possible.

“The government of Malaysia wishes to record its thanks and highest appreciation for the excellent contributions Tun Fairuz has made to the judiciary and to the country.”

When contacted, Hamid declined comment on his immediate task as acting chief justice.

Under Section 9 of the Courts of Judicature Act, the president of the Court of Appeal in the absence of the chief justice can exercise all his powers, including empanelling the apex court to hear cases, appointing judges and carrying out legal and administrative work.

The prime minister need not consult the chief justice on who should succeed him.

Alternatively, the name of a candidate could be circulated to the rulers for approval if the position has to be filled as soon as possible.

The prime minister then advises the King to appoint the person once consent is obtained from the rulers.

By convention, the Court of Appeal president, the number two in the judicial hierarchy, will be elevated to the post of chief justice.

Any of the existing 11 Federal Court judges are eligible for the top post, which includes Hamid, Chief Judge of Malaya Datuk Alauddin Mohd Sheriff and Tan Sri Zaki Azmi,

Hamid will turn 66 on April 18 next year while Alauddin is 61 years old.

Zaki, the son of former Lord President Tun Azmi Mohamed, is 62.

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