Police confirm report lodged over purported JAC document leaked
City deputy police chief Datuk Mohamed Usuf Jan Mohamad said the report was received earlier today.
"A report has just been lodged, and the complainant's statement will be recorded today," he said when contacted.
It was earlier reported that a police report had been lodged over the alleged leak of the JAC meeting minutes.
Earlier today, Communications Minister Datuk Fahmi Fadzil had said that he was made to understand that a report had been lodged on the matter, but he could not verify the legitimacy of the document.
Fahmi, who is also the government spokesman, said the cabinet had not discussed the matter yet.
However, he said if the document was legitimate and classified, it would fall under the Official Secrets Act (OSA).
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Free Malaysia Today
an hour ago
- Free Malaysia Today
Manufactured outrage over judicial appointments: a case of selective memory
From Apandi Ali It is laughable, if not deeply ironic, that a group of MPs, the Malaysian Bar, and civil society figures are now calling for a royal commission of inquiry, petitioning the prime minister and organising walks for justice and public forums all because they fear the prime minister may appoint senior judges without strictly following the names recommended by the Judicial Appointments Commission (JAC). Even more amusing is their insistence that the top judicial vacancies must be urgently filled despite the fact that no legal or constitutional deadline mandates immediate appointment. Let's be clear: this hysteria is entirely based on a hypothetical scenario, one that has not even materialised. According to Section 27 of the JAC Act, the prime minister is perfectly entitled to request two more names for any judicial vacancy, including the offices of the chief justice, president of the Court of Appeal, and other top positions. The law allows room for executive discretion in such appointments. Section 27, titled 'Request for further selection by the prime minister', says the 'prime minister may, after receiving the report under Section 26, request for two more names to be selected and recommended for his consideration'. Even former Court of Appeal judges – the late Gopal Sri Ram, Hishamudin Yunus, and Mah Weng Kwai – publicly stated that the prime minister is not bound to accept the JAC's recommendations. In 2018, they noted that the Federal Constitution, being the supreme law, overrides the JAC Act. Mah, for example, plainly said: 'The JAC makes recommendations to the prime minister, who may decide not to agree with the proposals.' Where are these same voices now, when the media circus rages over a potential decision that has not even been made? The deafening silence over real violations What makes this sudden outrage even more disingenuous is the utter silence over actual, proven breaches of the JAC Act and the Federal Constitution. These are not speculative concerns, but documented in the government-declassified special task force (STF) report on allegations made by former attorney-general Tommy Thomas in his book 'My Story: Justice in the Wilderness'. This STF was approved by the Cabinet on Dec 22, 2021 and comprised respected legal experts, including Fong Joo Chung as the chair besides members Hashim Paijan, Junaidah Kamarruddin, Jagjit Singh, Shaharudin Ali, Balaguru Karuppiah, Farah Adura Hamidi, and Najib Surip. The report uncovered staggering facts. In July 2018, the names appointed to the highest judicial offices – Richard Malanjum as chief justice, Ahmad Maarop and Zaharah Ibrahim as Court of Appeal president and David Wong Dak Wah as chief judge of Sabah and Sarawak — were not those selected by the JAC in its meeting on May 24, 2018. Instead, they were names privately agreed upon between then prime minister Dr Mahathir Mohamad and attorney-general Tommy Thomas, bypassing the mandatory processes. The JAC's recommended names on May 24, 2018 were Azahar Mohamed for chief justice, Rohana Yusuf for Court of Appeal president, and Abdul Rahman Sebli for chief judge of Sabah and Sarawak. Yet, these names were discarded, and there was no evidence that Mahathir ever requested additional names under Section 27 of the JAC Act as required. According to the STF report: 'If the prime minister disagreed with the above selection and recommendation of the JAC, pursuant to Section 27 of the JAC Act, he should have requested for more names for each of the vacant judicial positions. There is no evidence before the STF that he had made such a request. 'Instead, from the report of Bahagian Kabinet, Perlembagaan dan Perhubungan Antara Kerajaan, the names submitted by the prime minister when he tendered his advice to the Yang di-Pertuan Agong under Article 122B were the names discussed and agreed upon between the prime minister and attorney-general.' Worse, the STF found that no consultation was held with the chief ministers of Sabah and Sarawak before appointing Wong as chief judge of Sabah and Sarawak – a direct violation of Article 122B(3) of the Federal Constitution. This wasn't merely an administrative oversight, but a constitutional breach. The same pattern emerged in 2019, when the JAC in its meeting on Jan 17, 2019 initially selected Ahmad for chief justice, Wong for Court of Appeal president and Tengku Maimun Tuan Mat for chief judge of the High Court in Malaya. After the prime minister requested two additional names, the JAC in its meeting on April 5, 2019 revised its list and put forward these names: Tengku Maimun and Azahar for chief justice Azahar and Rohana for Court of Appeal president Rohana and Azahar for chief judge of the High Court in Malaya The final names eventually accepted were Tengku Maimun as chief justice (despite being junior), Rohana as Court of Appeal president, and Azahar as chief judge of Malaya. Again, the irony is thick. Those who now cry foul over possible junior appointments were silent – if not supportive – when Tengku Maimun, a comparatively junior judge at the time, was appointed chief justice. Where was the outrage then? A convenient crusade for 'judicial integrity'? It is even more comical that Mahathir – the very person who subverted the JAC process in 2018 and 2019 – is now positioning himself and his allies as the guardians of judicial independence. Even some lawyers today are openly rooting for a specific candidate to be appointed chief justice, undermining their own calls for neutrality and due process. This hypocrisy recalls the cautionary words of former chief justice Abdul Hamid Mohamad, who once criticised proposals by Zaid Ibrahim in 2008 (then minister in the Prime Minister's Department) to create a JAC dominated by practising lawyers. He warned that it would 'give these lawyers an unfair advantage besides damaging the integrity of the court. Judges will kneel to the lawyers!' And now, that prophecy seems to be unfolding before our eyes with segments of the legal fraternity actively lobbying for appointments while masquerading as defenders of institutional integrity. Enough with the double standards The selective outrage over potential breaches, while real violations are ignored, exposes a deeper rot in Malaysia's legal-political culture. This isn't about upholding the law. It's about political convenience, power struggles and self-interest, all disguised under the banner of judicial independence. If the Malaysian Bar, civil society, and opposition leaders are truly serious about reform, they must first reckon with the past violations which they so conveniently ignored. Until then, their cries ring hollow. Let the law be applied consistently, not only when it suits political narratives. Apandi Ali is a former attorney-general and Federal Court judge. The views expressed are those of the writer and do not necessarily reflect those of FMT.
New Straits Times
3 hours ago
- New Straits Times
Muhyiddin: Integrity, experience cornerstone for appointment of judges
KUALA LUMPUR: Judges must be appointed based on integrity, competence, and experience to instil confidence in the judiciary, says Perikatan Nasional (PN) chairman Tan Sri Muhyiddin Yassin. "A judge with integrity will make decisions solely based on the law and justice, without fear or favour," the former Prime Minister said in a statement. "Justice can only be upheld when the judiciary is independent and judges are of unquestionable integrity." Muhyiddin said this principle is clearly outlined in Section 23(2)(a) of the Judicial Appointments Commission (JAC) Act, which identifies integrity, competence, and experience as the main criteria for recommending judicial appointments. He was commenting on purported JAC meeting minutes, which were recently leaked online. The documents have raised concerns over judicial independence involving a senior judge. "These are serious allegations of abuse of power and interference in the judiciary," he said. Muhyiddin said such conduct, if proven true, could severely damage the public's trust in the judicial system and jeopardise an individual's right to a fair trial. "The judiciary is the final bastion of justice. If judgments can be influenced by those in power, how can the people be assured of fairness? If integrity is no longer a key consideration, there is a real danger that justice can be bought and sold." He said the allegations must be thoroughly investigated, and corrective action must be taken to ensure future appointments are free from misconduct. Earlier today, Bukit Gelugor Member of Parliament Ramkarpal Singh called on authorities to investigate both the leak of the minutes as well as the contents of the documents, which contain allegations of judicial interference. He said the serious allegations made against a judge in the minutes, if true, would severely compromise the judge's integrity. Hundreds of lawyers are now marching from the Palace of Justice to the Prime Minister's Office in defence of judicial independence.
The Star
3 hours ago
- The Star
Nurul Izzah calls for probe into allegations of judicial interference
PUTRAJAYA: PKR deputy president Nurul Izzah Anwar has called for a probe into allegations of judicial interference and leak of what is believed to be confidential minutes from a Judicial Appointments Commission (JAC) meeting. "It is important that these allegations be investigated to restore trust in our judiciary," said the daughter of Prime Minister Datuk Seri Anwar Ibrahim in a statement during the Malaysian Bar's walk in front of the Palace of Justice on Monday (July 14). "Investigations can commence under Article 125 of the Federal Constitution through the establishment of an independent tribunal comprising at least five senior judges," she added. Nurul Izzah then said that such actions will go a long way to preserve the faith in the systems and added that the judiciary, executive and the legislature exist to keep one another in check by ensuring that no single branch can operate without accountability. She added that she attended the walk to safeguard the judiciary. "Today, we exercise the right to peaceful assembly guaranteed by the constitution and upheld by the Prime Minister. "In the spirit of reform and justice, which are the foundations of Keadilan, we need to improve the existing structure by making it more transparent. "An independent judiciary is the essential bulwark against overreach by the executive, the cabinet, and the government as a whole," she said. Nurul Izzah added that court decisions censure Parliament if and when laws which are oppressive and unconstitutional are introduced. "Bearing all this in mind, the most crucial thing in an independent judicial system is the lack of interference from internal or external forces. "As such, persons appointed as the Chief Justice of Malaya; President of the Court of Appeal, the Chief Judge of Malaya and the Chief Judge of Sabah and Sarawak must not only be capable but also be of the highest moral integrity to carry out the job," she said. Currently, Chief Judge of Malaya Tan Sri Hasnah Mohammed Hashim is assuming the responsibility and duties of the CJ, while Federal Court judge Datuk Zabariah Mohd Yusof, similarly, is taking over the tasks and responsibilities of the Court of Appeal President. On Sunday, Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said said the appointment of a new chief justice to head the judiciary will be decided only after the next Conference of Rulers scheduled for July 15-17. Police have also launched an investigation into the alleged leak and dissemination of what is believed to be confidential minutes from a JAC meeting.
