“PUBLIC perception of the independence of the judiciary should not be put in doubt.
“An independent judiciary is a precious gift to any society. Once it is lost, anarchy reigns.”
The man who uttered these words will be the country’s next Chief Justice.
Court of Appeal Judge Datuk Wan Ahmad Farid Wan Salleh was appointed by the Conference of Rulers, which announced its decision in a statement that came two days late and at the unearthly hours of close to midnight.
The meeting of the Conference of Rulers — the 269th meeting — at Istana Negara was chaired by the Sultan of Selangor, Sultan Sharafuddin Idris Shah.
Instead of the much anticipated revelation of the new chief justice on Wednesday, the day went by without a word from Istana Negara nor the Prime Minister’s Office.
Instead, on Thursday morning, Sultan Sharafuddin issued a statement asking all and sundry to stop speculating about the identity of the new chief justice.
However, by midnight last night, Putrajaya’s worst-kept secret was out — Wan Ahmad Farid will succeed Tan Sri Hasnah Mohammed Hashim.
Hasnah is currently acting chief justice, following the compulsory retirement of Tun Tengku Maimun Tuan Mat on July 2.
His appointment is hoped to put to rest weeks of speculation and conspiracy theories over executive interference in the appointment of the new chief justice — which culminated in the “walk for justice” which was organised by the Malaysian Bar on July 14.
Many parties were lobbying for Tengku Maimun’s extension as well as against the elevation of another judge who is regarded as too junior, having written only one judgment.
However, Wan Ahmad Farid’s appointment still comes as a surprise as he was not among the favourites.
That the Rulers took longer than usual to consent to Prime Minister Datuk Seri Anwar Ibrahim’s pick does add credence to the talk of a robust discussion of who should be worthy of the chair of the chief justice.
It is said that the decision was not unanimous, although one cannot be 100% certain of the closed-door deliberations of His Majesty and their Royal Highnesses.
A prime minister like Tun Dr Mahathir Mohamed would be just as impatient as the rakyat and made some snarky remarks like “I don’t know why the Rulers are taking so long. I’ve already given the name to them. They should just consent to the choice of the Prime Minister.”
Like most politicians, Tun will invoke the Constitution when it is convenient to do so.
One would not expect that from a more diplomatic and reconciliatory Anwar, despite the Conference of Rulers delaying its consent, although Anwar had told the media that the announcement of the new chief justice would be made on Wednesday.
PMX had on Tuesday said he had an extensive discussion with the Conference of Rulers and the announcement of the new chief justice will put to rest all the negative perceptions that have emerged.
“Once the announcement is made, it will be clear that the Madani government is fully committed to reform, including upholding the principle of judicial independence,” Anwar said.
Yet, Wan Ahmad Farid being a dark horse candidate is an understatement.
“He’s not even a Federal Court judge. In fact, he was at the bottom of the list,” a Putrajaya official said over the weekend, when word first got out that the prime minister is looking for a candidate outside the obvious choices.
But ultimately the system worked and the pick, which took longer than usual, confirmed that the democratic DNA in the appointment of judges appear to be well and alive.
A protege of the late prime minister Tun Abdullah Ahmad Badawi, Wan Ahmad Farid, 62, served as his political secretary.
He is a former Umno politician and deputy home minister, which critics will be quick to latch on to – pretty much like what Tun Zaki Azmi had to put up with when the Umno legal advisor was made chief justice in 2008.
Vocal advocate of judicial independence
Wan Ahmad Farid made the statements on judicial independence which appears at the beginning of this article on June 16, 2022 when he famously recused himself from hearing former Prime Minister Datuk Seri Najib Razak’s application to allow a Queen’s Counsel (QC), to represent him in his final appeal in the Federal Court against his conviction in the SRC International Sdn Bhd case.
“It is public knowledge that before being appointed to the bench, I was an active politician and, at one time, a member of the administration and the Dewan Negara,” he had said then when recusing himself.
Najib was deputy prime minister when Wan Ahmad Farid served in government.
Born in Kuala Terengganu in 1962, Wan Ahmad Farid served as deputy home minister in Abdullah’s administration from 2008 to 2009 when he stepped down as Senator to contest the Kuala Terengganu by-election, which he lost to PAS’s candidate Mohd Abdul Wahid Endut.
Wan Ahmad Farid was also Kuala Terengganu UMNO division chief before retiring from active politics in 2013.
He was appointed Judicial Commissioner in 2015 and High Court Judge in 2019.
He was appointed Court of Appeal Judge on November 12 last year.
His notable cases as High Court judge include turning down the bid of Loh Siew Hong to challenge the unilateral conversion of her three children to Islam by her former husband.
He also presided over the judicial review brought by Teoh Beng Hock’s family, where he directed the police to complete their long-delayed investigations.
He also denied a judicial review application brought by Tun Daim Zainudin and his family against the Malaysian Anti-Corruption Commission (MACC), alleging mala fide in the commission’s investigations into the former finance minister’s financial affairs.
Wan Ahmad Farid also presided over the case management of Anwar’s ex-aide, Muhammed Yusoff Rawther, in his challenge against the Magistrates Court for denying him bail in his drug trafficking case.
A supporter of Tottenham Hotspur, he earned his law degree from the University of West London in 1985.
He is married to Toh Puan Intan Baizura Abdul Wahab and has six children. — July 18, 2025
Terence Fernandez is Group Editor in Chief of Big Boom Media, which publishes Scoop