[UPDATED] AGC: Allegations of irregularities in judicial appointments unfounded, speculative

New Straits Times

2 days ago

KUALA LUMPUR: The Attorney-General's Chambers (AGC) has dismissed allegations of irregularities and delays in judicial appointments, saying that such claims must be assessed within the framework of the Federal Constitution.
Responding to public statements made by Datuk Seri Rafizi Ramli and several other PKR members of Parliament yesterday (July 7), the AGC said the prime minister cannot be viewed merely as a conduit for recommendations from any party, as he holds a constitutional responsibility to advise the King on judicial appointments.
This duty, the statement said, is essential to safeguard the independence, credibility and integrity of the judiciary.
The AGC added that the King had consented to the appointment of several High Court and Court of Appeal judges last month, but that these appointments were still undergoing necessary formalities.
"Such appointments must be conducted with proper order and decorum," it said.
Addressing claims that a Judicial Appointments Commission (JAC) meeting had been convened without sufficient notice, the AGC said that under Section 13(2) of the Judicial Appointments Commission Act 2009 (Act 695), the JAC is empowered to regulate its own procedures.
In urgent circumstances, meetings can proceed with short notice if all members agree.
"Procedural matters should not invalidate the JAC's deliberations unless there is clear evidence of mala fide intent or prejudice," it added.
The AGC also addressed a serious allegation involving a Federal Court judge allegedly influencing judicial decisions and judge reassignments.
It said deliberations within the JAC are legally protected and remain confidential, and such claims cannot be equated with proven misconduct or taken as a threat to judicial independence.
"These remain premature and purely speculative allegations," it said.
The AGC added that comparisons with the 2007 VK Lingam case were unwarranted, as that case involved clear evidence of interference, which led to the formation of a royal commission of inquiry (RCI).
"In contrast, the current situation is based merely on unsubstantiated claims," the AGC said.
Yesterday (July 7), nine PKR MPs called for an RCI to investigate what they claimed were alleged irregularities in the appointment of senior judges, including the Chief Justice.
He claimed that nominations for the positions of Chief Justice and President of the Court of Appeal had already been decided by the JAC before the retirement of Tun Tengku Maimun Tuan Mat and submitted to the prime minister, but the appointments were not made, resulting in the current vacancies.
He also claimed a JAC meeting was called last Friday without adhering to the required 10-day notice period, allegedly to renominate candidates for the vacant positions.
Led by Pandan MP and former PKR deputy president Rafizi, the group said they would formally request that proceedings and an inquiry be conducted by the Parliamentary Special Select Committee on Human Rights, Elections and Institutional Reform, including top government officials to testify.
"The Parliament, as an independent legislative body, must play a key role in safeguarding the independence of the judiciary," he said in a special press conference.
Rafizi outlined four issues surrounding the judicial appointment controversy which are now circulating in the public domain that require clarification from the government.
This includes that in the appointment of new judges (whether to the High Court, Court of Appeal, or Federal Court), nominations submitted by the JAC to the government were not acted upon in a timely manner, leading to urgent vacancies.