BALLOTS MAY BE USED TO SELECT JUDGES

Move will avoid allegation, negative elements in allocation of cases, says CJ

THE new Chief Justice, Tan Sri Richard Malanjum, has proposed selection by balloting of the panel of Federal Court judges to hear cases in the Federal Court.

This is to avoid any allegation and negative elements in the allocation of cases as well as the selection of the panel of judges, he said at the Palace of Justice yesterday.

In his first speech since being sworn in as the chief justice on Wednesday, he said the formation of the Federal Court panel must be based on the cases scheduled.

“For example, cases which involve the interests of the Constitution would be heard by a panel of nine members comprising four senior judges and five Federal Court judges.

“Cases of public interest, meanwhile, would be heard by a panel of seven members consisting of four senior judges and three Federal Court judges, based on balloting. Appeal cases will be heard by five members made up of one senior judge and four panellists selected via balloting.”

Currently, the chief justice selects the Federal Court panel of judges to hear cases.

Also, the Federal Court panel which hears appeal cases and review applications comprises five judges while the panel which hears the applications for leave to appeal comprises three judges.

Malanjom was speaking at the swearing-in of the Court of Appeal president and the chief judge of Sabah and Sarawak.

Tan Sri Ahmad Maarop was sworn in as the Court of Appeal president while Datuk David Wong Dak Wah was sworn in as the chief judge of Sabah and Sarawak.

It was also announced at the event that Federal Court Judge Tan Sri Zaharah Ibrahim would be appointed the chief judge of Malaya. However, her swearingin would be held later as she was abroad.

Malanjum earlier said he would be adopting a new approach in helming the judiciary.

“The concept will be that of a joint and group management, where the top four judges (chief justice, Court of Appeal president, chief judge of Malaya and chief judge of Sabah and Sarawak) are given equal power and responsibility in matters pertaining to policy and inclusion in the management of the judiciary.

Malanjum said he would create an internal management system that was precise, as well as introduce a “time sheet”.

“I introduced this system two years ago in the Sabah and Sarawak courts. The computerised system is meant to encourage effective management of the court’s time.

“The reason why this system was devised is because some judges have been accused of playing truant, despite no evidence of this. Since the system was introduced, we no longer hear of such complaints.”

Present were former chief justice Tun Md Raus Sharif and Tun Arifin Zakaria, former Court of Appeal president Judge Tan Sri Zulkefli Ahmad Makinudin and Attorney-General Tommy Thomas.