Over 30 empty benches threaten justice process nationwide as judicial scandal escalates

More than thirty vacancies for senior judges remain unfilled, threatening Malaysia's judicial system as courts across the country are forced to postpone trials for years amid escalating public outrage against Prime Minister Anwar Ibrahim over allegations of judicial interference.

MalaysiaNow has learnt that at least 30 benches of the Federal Court, Court of Appeal and High Courts remain vacant.

These are in addition to the controversy surrounding the search for a permanent Chief Justice as well as the President of the Court of Appeal, exacerbated by the explosive leakage of an official document which critics say indicates that the prime minister is flexing his muscles to fill the country's highest judicial posts.

The 30 empty benches include 24 judges for the High Courts, three for the Court of Appeal and two for the Federal Court.

A source familiar with the process of appointing judges said that while the posts had been "vacant for some time", filling them would now "be more complicated".

"This is more so because there is a general perception that the JAC's recommendations have been rejected," the source said, referring to the Judicial Appointments Commission, the body that advises the government on the appointment and promotion of senior judges.

This comes at a time when Anwar has reportedly rejected the recommendations of JAC and former chief justice Tengku Maimun Tuan Mat for her successor and for the post of the Chief Judge of Malaya (CJM).

It followed the retirement of Tengku Maimun and Abang Iskandar Abang Hashim as the chief justice and president of Court of Appeal respectively.

In the absence of permanent successors, the two posts were temporarily filled by two judges.

Earlier this month, CJM Hasnah Hashim assumed the dual role of acting chief justice, while Federal Court judge Zabariah Yusof was given the role of acting president of the Court of Appeal after both were handed six-month extension upon reaching mandatory retirement age this year.

The whole episode has sparked widespread criticism of the way Anwar, who has made independence of judiciary a key battlecry during his two decades in opposition, handles his constitutional powers in appointing senior judges.

It also came months after Ahmad Terrirudin Mohd Salleh, the first attorney-general appointed by Anwar, was promoted to the Federal Court even though his name was not among those recommended by Tengku Maimun to the prime minister.

Last month, MalaysiaNow reported that Terrirudin was one of two candidates in the running for the position of CJM, which is traditionally a stepping stone to becoming the chief justice.

Citing legal sources, the report said that apart from Terrirudin, his more experienced colleague in the Federal Court, Vazeer Alam Mydin Meera, is also considered a likely candidate for CJM.

The issue has been at the heart of a debate over the role of the prime minister in appointing senior judges, something which was raised by Malay rulers just days after Anwar assumed top office.

In November 2022, the Conference of Rulers proposed stripping the prime minister of the power to appoint five representatives to JAC.

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

Terrirudin's rapid rise from AG to a Federal Court judge, and Anwar's own application to the apex court to seek immunity from a sexual assault suit by a 33-year-old youth, have only fuelled the debate in recent weeks.

The leaking of the minutes of a JAC meeting convened in May to select the new CJM - a choice between Terrirudin and Vazeer - has further confirmed the crisis in the judiciary, with prominent lawyers group Lawyers for Liberty (LFL) saying it has triggered "the mother of all judicial scandals".

"It cannot be put back in the bottle; it is out, and the public has seen it. Public confidence in the judicial institution will plummet as a consequence," said LFL co-founder and former chief commissioner of the Malaysian Anti-Corruption Commission Latheefa Koya, who also called for a constitutional amendment to altogether remove the prime minister's power in the appointment of judges.