KUALA LUMPUR (Nov 20): The Malaysian Bar has warned that the appointment of former attorney general (AG) Tan Sri Ahmad Terrirudin Mohd Salleh to the Judicial Appointments Commission (JAC) could erode public confidence in the judiciary.

"While the power of appointment lies with the prime minister, the lack of transparency surrounding the process, including the considerations applied, is troubling," the Bar president Mohamad Ezri Abdul Wahab said in a statement on Thursday.

Ahmad Terrirudin was on Wednesday confirmed as the eighth member of the nine-member JAC, understood to be filling the vacancy left by former Federal Court judge Datuk Zabariah Mohd Yusof, who retired last month.

His two-year term runs from Nov 15 to Nov 14, 2027, according to a government gazette.

Ezri, in his statement, noted that the appointment under the JAC Act 2009 has traditionally been held by the most senior members of the Federal Court.

"Departing from this practice raises legitimate questions about the basis for the decision, particularly in the absence of any clear explanation of the criteria used," he said.
“Predictability, clarity and respect for established norms are essential to sustaining public confidence in the independence of the judiciary.”

The Bar president emphasised that the JAC’s composition must inspire confidence given its pivotal role in safeguarding judicial independence.

“When appointments to the JAC appear opaque or lack a clear rationale, it risks undermining confidence in the entire judicial system,” he said. “Transparency is essential to ensure that the public can be confident that appointments are made solely on merit, free from political or other undue influence.”

Ahmad Terrirudin, 57, is a former Federal Court registrar, solicitor general and AG, and is understood to have never served as a High Court or Court of Appeal judge before his elevation to the apex court.

He was also cited for contempt by former prime minister Datuk Seri Najib Razak over the alleged non-disclosure of an addendum to the royal pardon that would have allowed house arrest. The High Court has since dismissed the application, though Najib’s lawyers have indicated they will appeal.

The JAC, which recommends and advises on judicial appointments, still has one remaining vacancy following the compulsory retirement of Chief Judge of Malaya (CJM) Tan Sri Hasnah Mohammed Hashim on Nov 14.

The CJM post — the third-highest position in the judiciary — also remains unfilled, leaving the JAC operating below full strength at a time when it is deliberating several senior judicial promotions.

The Edge previously reported that Ahmad Terrirudin, appointed directly to the Federal Court last November, is one of two names shortlisted by the JAC to be the next CJM, the other being Court of Appeal judge Datuk Hashim Hamzah.

It remains unclear whether Ahmad Terrirudin’s position on the commission will influence the process to fill the CJM vacancy.

Any appointment to the CJM role requires the prime minister’s recommendation and the Yang di-Pertuan Agong’s approval, with the consent of the Conference of Rulers.