Speculation of ex-AG in the running for number 2 judicial post sparks concerns on CJ Maimun's successor

Former attorney-general Ahmad Terrirudin Mohd Salleh is one of two candidates being considered as the new Chief Judge of Malaya (CJM), which is usually the stepping stone to becoming the Chief Justice, MalaysiaNow has learnt from legal sources ahead of Tengku Maimun Tuan Mat's retirement from the country's highest judicial office next month.

It is understood that apart from Terrirudin - whose appointment as a Federal Court judge in November last year renewed a debate over the role of the prime minister in appointing senior judges - Vazeer Alam Mydin Meera, a highly experienced former appeals court judge who was sworn in as a Federal Court judge some eight months earlier, is also considered a likely candidate for CJM.

In March, the term of the current CJM, Hasnah Mohammed Hashim, was extended by six months until September this year after she reached the judicial retirement age of 66.

Judicial sources told MalaysiaNow that Tengku Maimun, who turns 65 next month, will not receive an extension. Maimun has been hailed as a brave and progressive Chief Justice who has ushered in a new era of judicial scrutiny and check upon the executive. However, it was widely, and correctly, guessed that Prime Minister Anwar Ibrahim would not favour any extension for her. 

"Going by convention, this paves the way for Hasnah to temporarily fill the post of Chief Justice. So between now and September, it will be crucial to find a name to fill the Chief Justice's post permanently," said the source, insisting on strict anonymity.

Another source said that going by their experience on the bench, there should not be much debate about who is most likely to be appointed as CJM.

"After all, Vazeer has an impressive CV, having served on various courts, as well as written more than 30 judgments," the source added.

Vazeer has served as a judge in both the High Court and the Court of Appeal since 2010. Last year, he presided over a three-member Court of Appeal bench in the corruption case of former Felda chairman Isa Samad.

A quick check revealed that Terrirudin has his name in only one written judgement since his appointment as a Federal Court judge.

Terrirudin, the first attorney general appointed under Anwar's coalition government, held the post for just over a year before his much criticised promotion as a Federal Court judge.

In August last year, MalaysiaNow reported that his name was not among those recommended by Maimun on a list she had submitted to the prime minister to fulfil a constitutional provision that the chief justice be consulted in the appointment of senior judges.

Despite this, Terrirudin was confirmed as a Federal Court judge some four months later.

His appointment drew criticism from the legal community and sparked a renewed debate about ensuring the judiciary's complete independence from the executive.

The episode also raised the usual questions about Anwar's past promises, one of which was to ensure the independence of the judiciary.

In 2018, his Pakatan Harapan coalition pledged to ensure the appointment of judges based on merit and experience and to remove the prime minister's power to influence the appointment of judges.

"The appointment of the chief justice and the president of the Court of Appeal through the backdoor as practised by Umno and Barisan Nasional will be stopped immediately," said the PH manifesto ahead of the 14th general election.

Just a week after Anwar was sworn in as prime minister in November 2022, the Conference of Rulers had called for curtailing the prime minister's powers in the appointment of judges.

The rulers had then proposed stripping the prime minister of the power to appoint five representatives to the Judicial Appointments Commission (JAC), a nine-member body that nominates candidates for appointment to the superior courts.

Four of the nine members of JAC are senior judges, while the remaining five are appointed by the prime minister.

"To ensure the independence of JAC in carrying out its responsibilities, I propose that the appointment of its five members should not be made by the prime minister.

"Instead it should be given to other institutions such as the Malaysian Bar Council, the Sabah Law Society, the Sarawak Bar Association and the Parliamentary Select Committee," Negeri Sembilan ruler Tuanku Muhriz Tuanku Munawir had said at the time.