JUDICIAL APPOINTMENTS COMMISSION ANNUAL REPORT JUDICIAL APPOINTMENTS COMMISSION Level 5, North Block, Istana Kehakiman, Precinct 3, Federal Government Administration Centre, 62506 Putrajaya +603.8880.3545 / 3546 +603.8880 3549 JUDICIAL APPOINTMENTS COMMISSION www.jac.gov.mywww.jac.gov.my www.jac.gov.my JUDICIAL APPOINTMENTS COMMISSION Page 3 Message From The Chairman 7 Introduction 8 · Background 9 · Members of the Commission 2012 11 Meetings and Selection 12 · Meetings of the Judicial Appointments Commission 13 · How Selections Are Made 15 Appointment of Superior Court Judges 2012 19 Court Visits by Members of the Commission 20 · Visit to the Ipoh Court 23 · Visit to the Kuala Terengganu Court 25 · Visit to the Kota Kinabalu Court 29 Training of Superior Court Judges 33 Brief Reports on Training Programmes 34 Courses Conducted by Senior Judges 35 (i) How to Deal with Cases Under Section 39B of the Dangerous Drugs Act 1952 Series 1 38 (ii) Injunctions 42 (iii) Admissibility of Evidence in a Civil Trial 46 (iv) Election Petition: Challenging Election Result 50 (v) How to Deal with Cases Under Section 39B of the Dangerous Drugs Act 1952 Series 2 54 (vi) Judicial Review and Appellate Intervention 58 Seminars and Workshops by Foreign Lecturers 59 (i) Workshop on Implementing the International Framework for Court Excellence 61 (ii) Talk on Competition Law Seminar 63 (iii) Court Annexed Mediation Programme: Shortcomings and Future Developments 65 Judicial Outreach Programmes 66 (i) Judicial Outreach Programme Series 1/2012 in Taman Negara, Kuala Tahan, Jerantut, Pahang 68 (ii) Judicial Outreach Programme Series 2/2012 in Cameron Highlands, Pahang 71 (iii) Judicial Outreach Programme Series 3/2012 in Kinabalu National Park, Kundasang, Sabah 75 Office of the Secretary, Judicial Appointments Commission 76 · Office of the Secretary 77 · Restructuring of the Organisational Structure 78 · Financial Allocation 79 Note CONTENTS 2 ANNUAL REPORT 2012 MESSAGEFROM THE CHAIRMAN JUDICIAL APPOINTMENTS COMMISSION MESSAGE FROM THE CHAIRMAN Assalamu’alaikum warahmatullahi wabarakatuh and salam sejahtera. The establishment of the Judicial Appointments Commission in 2009 signified a positive reform in the Malaysian judiciary not only in relation to the appointment of the superior court judges but more importantly in the administration of justice. Although the Commission is still relatively new, it has in no small measure contributed to the improvement of the Malaysian judiciary in many ways, namely: (1) in the appointment and promotion of judges; (2) the training of judges; (3) judges’ welfare, remuneration and other benefits; and (4) in enhancing the independence of judiciary. With the establishment of the Commission, judges are now selected through a transparent process based on merit as provided for under the Act and the evaluation criteria as determined by the Commission. As a result of the new selection process, promotion of judges is now based not entirely on seniority, as in the past, but more on their performance and merit. This, we hope, will instill the public’s confidence in the judiciary. The year 2012 had been an eventful year for the Commission. The Judicial Academy which was established in late 2011 had commenced the training programme for judges in 2012. A total of 10 courses and seminars were conducted by the Judicial Academy involving both foreign and local trainers. Among the topics covered were Criminal Law, Commercial Law, Competition Law, Election Petition and Court-annexed mediation. So far, the feedback from the judges who have participated in these courses have been most encouraging. 4 ANNUAL REPORT 2012 JUDICIAL APPOINTMENTS COMMISSION As part of the team building effort among judges, the Commission had embarked on the outreach programme. The first being, the trip to Taman Negara at Kuala Tahan, Pahang, followed by Cameron Highlands, Pahang and the National Park in Kundasang, Sabah. These programmes had brought judges close to nature and helped to instill awareness of the environment and wildlife, and the need for their conservation. All these efforts and initiatives that have been undertaken by the Commission, have contributed to the improvement of the judiciary and further enhance its image and integrity. Finally, I wish to express my gratitude to all officers and staff of the Office of the Secretary of the Judicial Appointments Commission, particularly Datuk Hamidah binti Khalid, the Secretary of the Commission, for her commitment and tireless effort to ensure the success of the Commission. TUN ARIFIN BIN ZAKARIA INTRODUCTION JUDICIAL APPOINTMENTS COMMISSION BACKGROUND The establishment of the Judicial Appointments Commission (JAC) is a step towards bringing change, strengthening and improving the Judiciary. It also fulfils the needs and aspirations of the people in seeing transparency and justice in the judicial system of the country. Before the JAC, the transparency of the appointment process of superior court judges was often a matter of contention by many parties including the public, Non-Governmental Organisations (NGO) and the Bar Council. The legislation with regard to the JAC was approved by Parliament on 23 December 2008 and is known as the Judicial Appointments Commission Act 2009 (Act 695) which was gazetted on 8 January 2009. The process of appointment of superior court judges provided for in the Judicial Appointments Commission Act 2009 (Act 695) precedes the process of appointment under Article 122B of the Federal Constitution. Under the Act, “judges of the superior courts” means judges of the High Court, Court of Appeal and Federal Court and shall include the Chief Justice of the Federal Court, the President of the Court of Appeal, the Chief Judge of the High Court in Malaya and the Chief Judge of the High Court in Sabah and Sarawak. With the coming into force of the Judicial Appointments Commission (Amendment) Act 2010, the definition of judges of the superior courts also includes Judicial Commissioner. In order to carry out its functions effectively, the Judicial Appointments Commission is assisted by YBhg. Datuk Hamidah binti Khalid as its Secretary and 13 officers and staff of varying grades. 8 ANNUAL REPORT 2012 JUDICIAL APPOINTMENTS COMMISSION MEMBERS OF THE COMMISSION 2012 The Judicial Appointments Commission is made up of 9 members. Four (4) commissioners are appointed by tenure whereas five (5) others are appointed by the Prime Minister comprising a Federal Court judge and 4 eminent persons who are not members of the executive or other public service. Members of the Judicial Appointments Commission 2012 From Left : The Hon. Tan Sri Dato’ Abdull Hamid bin Embong, The Rt. Hon. Tan Sri Dato’ Seri Zulkefli bin Ahmad Makinudin, The Rt. Hon. Tan Sri Md Raus bin Sharif, The Rt. Hon. Tun Arifin bin Zakaria, YABhg. Tun Dato’ Seri Abdul Hamid bin Haji Mohamad, YBhg. Tan Sri Dato’ Seri Ainum binti Mohamed Saaid, YBhg. Tan Sri Datuk Wira Dr. Lal Chand Vohrah, YBhg. Tan Sri Datuk Amar Steve Shim Lip Kiong, The Rt. Hon. Tan Sri Datuk Seri Panglima Richard Malanjum and YBhg. Datuk Hamidah binti Khalid ANNUAL REPORT 2012 9 JUDICIAL APPOINTMENTS COMMISSION The members of the JAC are as follows:- (i) Appointment by tenure (a) The Rt. Hon. Tun Arifin bin Zakaria Chief Justice (b) The Rt. Hon. Tan Sri Md Raus bin Sharif President of the Court of Appeal (c) The Rt. Hon. Tan Sri Dato’ Seri Zulkefli bin Ahmad Makinudin Chief Judge of the High Court in Malaya (d) The Rt. Hon. Tan Sri Datuk Seri Panglima Richard Malanjum Chief Judge of the High Court in Sabah and Sarawak (ii) Appointment by Prime Minister (a) The Hon. Tan Sri Dato’ Abdull Hamid bin Embong Federal Court Judge (b) YABhg. Tun Dato’ Seri Abdul Hamid bin Haji Mohamad Former Chief Justice (c) YBhg. Tan Sri Dato’ Seri Ainum binti Mohamed Saaid Former Attorney General (d) YBhg. Tan Sri Datuk Amar Steve Shim Lip Kiong Former Chief Judge of the High Court in Sabah and Sarawak (e) YBhg. Tan Sri Datuk Wira Dr. Lal Chand Vohrah Former Judge of the International Criminal Tribunal 10 ANNUAL REPORT 2012 MEETINGS AND SELECTION JUDICIAL APPOINTMENTS COMMISSION MEETINGS OF THE JUDICIAL APPOINTMENTS COMMISSION JAC meetings are held monthly as provided for under subsection 13(1) of the Judicial Appointments Commission Act 2009 (Act 695). Discussions include efforts to improve the judiciary and programmes to improve the performance of superior court judges. The Meeting Schedule for the Year 2012 MONTH DATE TIME VENUE January 27 January, Friday 3.00 p.m Meeting Room of the Chief Justice, Level 5, Istana Kehakiman, Putrajaya February 24 February, Friday 3.00 p.m Meeting Room of the Chief Justice, Level 5, Istana Kehakiman, Putrajaya March 15 March, Thursday 9.00 a.m Meeting Room, Ipoh High Court April 13 April, Friday 3.00 p.m Meeting Room of the Chief Justice, Level 5, Istana Kehakiman, Putrajaya May 10 May, Thursday 9.00 a.m Meeting Room, Kuala Terengganu High Court June 29 June, Friday 3.00 p.m Meeting Room of the Chief Justice, Level 5, Istana Kehakiman, Putrajaya July 20 July, Friday 10.00 a.m Meeting Room of the Chief Justice, Level 5, Istana Kehakiman, Putrajaya August 16 August, Thursday 2.30 p.m Meeting Room of the Chief Justice, Level 5, Istana Kehakiman, Putrajaya September 27 September, 3.00 p.m Meeting Room of the Chief Justice, Thursday Level 5, Istana Kehakiman, Putrajaya October 18 October, 10.00 a.m Meeting Room of the Chief Justice, Thursday Level 5, Istana Kehakiman, Putrajaya November 22 November, 3.00 p.m Meeting Room of the Chief Justice, Thursday Level 5, Istana Kehakiman, Putrajaya December 13 December, 9.00 a.m Meeting Room, Kota Kinabalu High Court Thursday If there is a need for appointing Judges of the Federal Court, Court of Appeal, High Court and Judicial Commissioners, a selection meeting is held after the monthly JAC meeting.