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©The Straits Times (Used by permission)
by Carolyn Hong, Malaysia Bureau Chief

Malaysia left without top judge for first time after govt fails to name successor in time

PUTRAJAYA - PRIME Minister Abdullah Badawi has said he will move to name a new Chief Justice 'as fast as possible', as the nation for the first time was left without a sitting top judge after the incumbent retired yesterday.

Beleaguered Chief Justice Tun Ahmad Fairuz Sheikh Abdul Halim retired on reaching the age of 66 - the compulsory retirement age for judges.

The government has instead named an acting Chief Justice - the second-most senior judge Datuk Abdul Hamid Mohamad - who is currently the Court of Appeal president.

'We are taking action as fast as possible to fill the post,' PM Abdullah told reporters yesterday.

He did not say why the government did not move to fill the post earlier when the retirement of Tun Ahmad Fairuz was imminent. But it is likely that the government had planned to extend the Chief Justice's tenure.

Sources say that the Malaysian King had not approved the extension request as required under the Constitution.

Legal experts say this is first time that the judiciary has been without a chief justice although the second and third rung posts have previously been left vacant for months.

The Chief Justice's retirement comes in the wake of the judiciary being rocked by a video clip of a lawyer boasting on the phone that he could use his political connections to get judges promoted.

Tun Ahmad Fairuz has denied, through the de facto Law Minister Nazri Aziz, that he was on the other end of the line but speculation continues to rage.

The saga has put intense pressure on the government to reform the system of judicial appointments, with the legal fraternity and the influential Perak Sultan Azlan Shah joining the call for reforms.

The country's nine hereditary rulers, who met yesterday with PM Abdullah, did not discuss the appointment of a new chief justice, sources say.

It is believed that the government did not have the time to prepare a recommendation, given that it had expected an extension of Tun Ahmad Fairuz's term.

A source said the government is likely to put forward a name via a letter for the sultans to approve in the next few weeks, or alternatively to wait for the next meeting of the nine rulers in a few months.

The Malaysian Constitution requires the Conference of Rulers' consent for judicial appointments.

Candidates to the chief justice's post include Datuk Abdul Hamid, 65, and Federal Court judge Tan Sri Zaki Azmi, 62. But Tan Sri Zaki has been attacked in Parliament for being a former Umno legal adviser.

The government is expected to tread carefully in making a recommendation that the sultans will accept.

The rulers rarely rock the boat but they collectively showed their strength a few months ago when they refused to endorse the government's recommendation for the Chief Judge of Malaya, the number three post.

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