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Malay Mail
a day ago
- Politics
- Malay Mail
‘I stick to my speech': Ex-judge Abdul Rahman Sebli stands by bombshell farewell claim of pressure on the bench
PUTRAJAYA, July 28 — Fresh off his retirement as Chief Judge of Sabah and Sarawak, Tan Sri Abdul Rahman Sebli today reaffirmed his claim that he was pressured by a senior judge during his time on the Federal Court bench. The allegation, first made during his farewell speech in Kuching, Sarawak on July 23, came just two days before his official retirement. 'I have nothing else to say. I stick to my speech,' Abdul Rahman told reporters when approached at the Palace of Justice after attending the swearing-in ceremony for his successor and other judicial appointments. Asked why he had only recently made the claim public, Abdul Rahman replied, 'I think this is the right time lah'. When questioned whether he was concerned about possible repercussions, he said: 'I am not worried. I am saying what is right'. In his speech, Abdul Rahman alleged that the pressure came while he was still a junior Federal Court judge, before his elevation to Chief Judge of Sabah and Sarawak. He was appointed a Federal Court judge on August 8, 2019, and later ascended to the role of Chief Judge on January 17, 2023. Recounting the incident, he said he had circulated a draft judgment to six other Federal Court judges, in line with court protocol. He claimed a senior judge responded via email, criticising his views on a constitutional issue in the case. Despite the alleged pressure, Abdul Rahman said he stood by his judgment. Three other judges agreed with his draft, forming the majority. The remaining three judges dissented. He did not name the senior judge involved, nor did he identify the specific case referenced in his remarks. Former chief justice Tun Tengku Maimun Tuan Mat, when approached by reporters today at the Palace of Justice, declined to engage in a direct back-and-forth over the remarks. 'I don't want to make this a contest of words,' she said, before offering context about her tenure. Tengku Maimun noted that she dissented in five out of 19 Federal Court cases involving constitutional issues during her six-year tenure as chief justice. She said this demonstrated judicial independence on the bench. 'Because if I had any influence on their decisions, then surely I would not be dissenting in five out of 19 cases involving especially constitutional law,' she said.
Free Malaysia Today
2 days ago
- Politics
- Free Malaysia Today
LFL rubbishes ex-chief judge's claim of pressure over constitutional ruling
LFL's N Surendran said judicial deliberation shouldn't be mistaken for interference. PETALING JAYA : Lawyers for Liberty (LFL) has rubbished claims of judicial interference after a former chief judge of Sabah and Sarawak said that a top judge pressured him to rule in favour of a litigant in a constitutional case against the federal government. Abdul Rahman Sebli, who retired last Thursday, claimed in his farewell speech that a 'very senior member of the judiciary' had emailed him, criticising his interpretation of the constitutional issue at hand. Rahman said judicial independence was not only about interference by the executive, but also about a judge's own peers in the discharge of judicial functions. In a statement today, LFL adviser N Surendran said such accusations were 'plainly wrong' and defied logic, particularly as the senior judge in question was part of the seven-member Federal Court panel hearing the case. 'How can a judge 'interfere' in a case which she herself was involved in deciding? Such a suggestion defies logic,' he said, without citing names. Surendran said unless someone outside the bench, such as from the executive, tried to influence the decision, it did not qualify as interference. He also argued that there was nothing 'sinister' about judges on multi-judge panels discussing cases and circulating draft judgments to persuade colleagues. 'In other words, there can be nothing wrong with any judge suggesting to his fellow judge in the same panel that his interpretation of the law is incorrect, and to try to change his position on it. 'This is part of the usual process of judicial decision-making, not just in Malaysia, but also of Supreme Courts in other common-law countries such as the UK or the US,' he said. Surendran also said it was 'strange' that a now former Federal Court judge was making a complaint that he was affected by 'peer pressure', adding that Federal Court judges enjoy security of tenure and constitutional protection. While acknowledging that judicial interference was a serious concern, Surendran warned against diluting its meaning. 'Judicial interference is a very serious matter. But it must not be confused with entirely appropriate and necessary internal processes of judicial deliberation,' he said.
Malay Mail
5 days ago
- Politics
- Malay Mail
Abdul Rahman Sebli retires as Chief Judge of Sabah and Sarawak: A look at his judicial legacy, artistic flair and wildlife protection advocacy
KUALA LUMPUR, July 25 — Tan Sri Abdul Rahman Sebli has retired as the Chief Judge of Sabah and Sarawak, after over 41 years of serving the nation — including 17 years at the High Court, Court of Appeal and Federal Court. This is because he has reached the age of 66 years and six months today. The Sarawakian had reached the mandatory retirement age for judges when he turned 66 years old on January 25, but was granted a six-month extension. Yesterday was his last day as a judge. Beyond serving as a judge who had heard high-profile cases, including a former prime minister's conviction challenge, Abdul Rahman was also quite the artist and a firm advocate of better laws to protect animals and wildlife. A Sarawakian's long career in law and courts Born in Sibu, Sarawak and a Universiti Malaya (UM) law graduate, Abdul Rahman started serving in Malaysia's judicial and legal service in December 1983. The positions that he had held included being a deputy public prosecutor for Sarawak, Pahang, Kelantan and Kuala Lumpur; a senior federal counsel at the Sarawak State Attorney General's Chambers; and as a Sessions Court judge in Kota Kinabalu, Sabah and Miri, Sarawak. He had also been Pahang's state legal adviser, and director of the Royal Malaysian Customs Department's legal division. Abdul Rahman then became a judicial commissioner at the High Court in September 2008, and was elevated to be a High Court judge on August 9, 2010. He served at the High Court in Kota Kinabalu, Shah Alam and Johor Bahru. He was later appointed as a Court of Appeal judge on September 12, 2014, as a Federal Court judge on August 8, 2019, and served for about three years and five months before becoming Chief Judge of Sabah and Sarawak. Since his January 17, 2023 appointment until his retirement today, Abdul Rahman has served for two-and-a-half years as the top judge overseeing administrative duties for the High Court of Sabah and Sarawak. Datuk Abdul Rahman Sebli is pictured during the swearing-in ceremony as the new Chief Judge of Sabah and Sarawak at Palace of Justice in Putrajaya January 17, 2023. — Picture by Yusof Mat Isa Notable court decisions Abdul Rahman is perhaps best known for being the only dissenting judge in a case involving former prime minister Datuk Seri Najib Razak's bid to challenge his conviction over SRC International Sdn Bhd's misappropriated RM42 million. Just two days after becoming Chief Judge of Sabah and Sarawak, Abdul Rahman on January 19, 2023 chaired a five-judge panel hearing Najib's application to ask the Federal Court to either overturn his conviction or order a retrial. On March 31, 2023, while the four other judges rejected Najib's review bid, Abdul Rahman was the only judge to say that the former prime minister was deprived of a fair hearing and should be acquitted in the SRC case. On February 9, 2024, Abdul Rahman was the only dissenting judge in a Federal Court case, with the eight other judges deciding that 16 provisions on Shariah criminal offences in a Kelantan state law were unconstitutional and invalid as Parliament is the one with powers to make laws on such crimes. Screenshot of Tan Sri Abdul Rahman Sebli's sketch 'Clock Tower at the Old Court House', depicting the iconic Sultan Abdul Samad Building in Kuala Lumpur, from The Malaysian Judiciary's Yearbook 2017. A talented artist Apart from carrying out his duties as a judge, Abdul Rahman also displayed his 'surprise' artistic skills when his detailed black-and-white drawings were twice featured as the cover artwork for the Malaysian judiciary's annual yearbook. For the 2017 yearbook, Abdul Rahman's sketch titled Clock Tower at the Old Court House depicted the iconic Sultan Abdul Samad Building in Kuala Lumpur — a heritage landmark located opposite Dataran Merdeka that once housed Malaysia's superior courts, namely the Federal Court, Court of Appeal and High Court. In the 2018 yearbook, his drawing titled The Eye-Catching Facade of the Kuching Court Complex received praise from the yearbook's editor, then Federal Court judge Tan Sri Idrus Harun. 'The stunning cover sketch for this publication depicting the beautiful facade of the court house in Kuching, Sarawak is the product of excellent work of Justice Abdul Rahman Sebli who once again demonstrated his pure talent when he volunteered to draw the cover sketch gratis,' Idris wrote in the yearbook when commenting on Abdul Rahman's offer to draw the artwork for free. Screenshot of Tan Sri Abdul Rahman Sebli's sketch 'The Eye-Catching Facade of the Kuching Court Complex' from The Malaysian Judiciary's Yearbook 2018. Advocacy for wildlife and environmental protection On February 26, 2024 at his opening speech for the Borneo Rainforest Law Conference 2024 held in Sabah, Abdul Rahman said efforts should be made to update and strengthen existing environmental laws, and to ensure that these laws are comprehensive and effectively enforced. He said the courts in Sabah and Sarawak had introduced sentencing guidelines for wildlife and forest crimes, but noted that the courts' role in enforcing environmental laws has its limits and that long-term solutions were needed from the executive and legislative branch of government. He called for strict laws to prevent illegal wildlife trade and to protect marine ecosystems, as well as to promote sustainable fishing practices and marine conservation efforts. In the judiciary's 2017 yearbook, Abdul Rahman in a seven-page piece titled 'Animal Cruelty and Wildlife Protection' outlined and compared the three different laws on wildlife crime in Peninsular Malaysia, Sabah and Sarawak. In his article, he spoke out against abuse of pets, saying that the court must make clear that it would not tolerate crimes of cruelty to animals. He also urged for heavier penalties in the law against animal cruelty. Who will succeed Abdul Rahman? On July 18, the Malaysian judiciary issued a statement to announce that the Yang di-Pertuan Agong has assented to appointing Court of Appeal judge Datuk Azizah Nawawi to replace the soon-to-retire Abdul Rahman as the Chief Judge of Sabah and Sarawak. The judiciary also said the Yang di-Pertuan Agong has assented to appointing Court of Appeal judge Datuk Wan Ahmad Farid Wan Salleh as the next Chief Justice of Malaysia and Federal Court judge Datuk Abu Bakar Jais as the next President of the Court of Appeal. The three new top judges will be sworn in on July 28 at Istana Negara. As of now, Chief Judge of Malaya Tan Sri Hasnah Mohammed Hashim is temporarily carrying out duties as the acting Chief Justice, while Federal Court judge Datuk Zabariah Mohd Yusof is temporarily carrying out duties as the acting President of the Court of Appeal.
Malay Mail
03-07-2025
- Politics
- Malay Mail
Chief Judge of Malaya Hasnah, now temporarily carrying out Chief Justice's duties, will herself retire in four months' time
KUALA LUMPUR, July 3 — Chief Judge of Malaya (CJM) Tan Sri Hasnah Mohammed Hashim, who is now temporarily performing the Chief Justice's duties until a new one is appointed, will herself retire by mid-November this year. Malaysia's judiciary has four top judges: Chief Justice (CJ) — now vacant President of the Court of Appeal (PCA) — now vacant Chief Judge of Malaya (CJM) — held by Hasnah, who will retire this November Chief Judge of Sabah and Sarawak (CJSS) — held by Tan Sri Abdul Rahman Sebli, who will retire this month The CJ post became vacant when Tun Tengku Maimun Tuan Mat's six-year tenure ended on July 1, while the second-highest post PCA fell vacant when Tan Sri Abang Iskandar Abang Hashim's tenure of more than two years and five months ended on July 2. Both Tengku Maimun and Abang Iskandar had retired as they had reached the mandatory retirement age for judges of 66 on July 2 (yesterday) and July 3 (today) respectively, and had not been offered a six-month extension. Hasnah herself turned 66 on May 15 this year, but is currently serving as CJM on a six-month extension until November 14 this year. Abdul Rahman turned 66 on January 25, and will continue serving as CJSS until July 24 this year, which is the day before he reaches the age of 66 years and six months. Under the Federal Constitution's Article 125, Federal Court judges' tenures shall be until 66 years old, but their tenures can be extended by six months if the Yang di-Pertuan Agong approves it. The top four judges in the judiciary regularly sit as Federal Court judges when deciding on cases at the Federal Court level, besides carrying out their administrative duties in ensuring the smooth running of the Federal Court, Court of Appeal and High Court. At the time of writing, there has been no announcements of who will be the next CJ and the next PCA, which are the two top posts in the judiciary. Communications Minister Datuk Fahmi Fadzil was yesterday reported saying that the Cabinet had in its weekly meeting yesterday had only briefly mentioned the matter of the next CJ and that the issue was not discussed in depth While waiting for the next CJ to be selected and appointed, the judiciary today announced that Hasnah will be performing the CJ's duties until then. Hasnah will be doing the CJ's duties while also handling the CJM's administration duties involving the High Courts throughout Peninsular Malaysia.
The Sun
18-06-2025
- Business
- The Sun
Public Bank to pay RM90mil to NFCorp for confidentiality breach
PETALING JAYA: The Federal Court in Putrajaya has ordered Public Bank Berhad to pay RM90 million in damages to National Feedlot Corporation (NFCorp) for breaching its contractual obligation to protect confidential bank account information. A three-member panel of the Federal Court, headed by Chief Judge of Malaya Datuk Seri Hasnah Mohammed Hashim, finalized the damages award. According to New Straits Times, This decision follows the court's earlier ruling to dismiss Public Bank's appeal and uphold NFCorp's cross-appeal for exemplary and aggravated damages. The other judges on the bench were Chief Judge of Sabah and Sarawak Tan Sri Abdul Rahman Sebli and Federal Court judge Datuk Abu Bakar Jais. NFCorp, its chairman Datuk Mohamad Salleh Ismail, and three of its subsidiary companies had originally filed a RM560 million lawsuit against Public Bank on May 22, 2012. They alleged that the bank's failure to safeguard their confidential account details led to the information being used by then-PKR vice-president Rafizi Ramli. The leaked information, according to NFCorp, was used to support claims that the plaintiffs had misused a government loan to acquire eight properties in KL Eco City.
