KOTA KINABALU, Sept 26 ― A Sabah lawyer has filed for a judicial review to annul the appointment of Chief Justice Tan Sri Md Raus Sharif that he claims is unconstitutional and unlawful.
Marcel Jude Joseph named the chief justice as respondent in the case that he claimed directly contravened Article 121 (1) of the Federal Constitution on the coordinate jurisdiction of the High Court of Sabah and Sarawak and the High Court of Malaya.
“The person who should be rightfully appointment as the Chief Justice after 5th August 2017 is Tan Sri Richard Malanjum,” he said in his application filed today.
Marcel said that the courts of Sabah and Sarawak and Malaya High court were of equal rank, importance and authority, yet there has never been a Chief Justice appointed from the former since the formation of Malaysia in 1963.
He said that not only did Md Raus reach retirement age but his position as Federal judge was extended for three years, allowing him to succeed Tun Ariffin Zakaria when it was clear that Malanjum was the more appropriate candidate to take over due to his qualifications and that he was not due for retirement till 2019.
“The implications are serious not only for practitioners such as myself but also for litigants from the High Court of Sabah and Sarawak,” he said.
“There will be a preconceived notion even if such notion is unjustified that litigants from Sabah and Sarawak are disadvantaged or handicapped in the disposal of cases and the adjudication of justice when compared with the litigants and practitioners from the High Court of Malaya.”
Marcel said that his case will be heard on October 17 by High court judge Ravinthran Paramaguru.
