Chief Justice denies walking off when Anwar launched criticism

Chief Justice Tun Arifin Zakaria said he did not walk off from the courtroom when Datuk Seri Anwar Ibrahim launched an attack on him and four other judges for upholding his sodomy conviction last Tuesday.

"My approach is simple. When I feel it is not fair, I just leave. We can adjourn the hearing and that was what I did, I adjourned the hearing. I did not flee," the judiciary's top man told reporters, here today.

"I adjourned the hearing just to cool off the atmosphere," he said, adding that he also did not hear what Anwar had said on that day.

Asked if he was offended with Anwar, Arifin replied that he did not have any "personal feelings" on anyone and that he executed his duties with sincerity.

To a question on whether there would be committal proceedings initiated against Anwar following his statement on the judiciary during mitigation on Feb 10, Arifin said no comment, adding that it was a different matter and he did not know.

On Feb 10, Arifin and four other judges presiding on Anwar's appeal against his sodomy conviction left the Federal Court room when the opposition leader criticised them from the accused dock, accusing them of colluding with their political masters.

A few minutes later, the judges came back to the courtroom and handed down their decision in Anwar's appeal on his sentence upholding the five-year jail for sodomising his former aide Mohd Saiful Bukhari Azlan in 2008.

Earlier on that day, the Federal Court dismissed Anwar's final appeal against his conviction.

In his speech at the oath-taking ceremony held today for four judges who were respectively promoted to the Federal Court, Court of Appeal and High Court, Arifin warned that appropriate action would be taken against those who tarnished the dignity and integrity of the judiciary.

He said the judiciary was open to criticism but would not tolerate unfounded allegation in the social media and at public forums.

"I stress that the court view with seriousness any conduct tarnishing the judiciary's dignity and integrity and will not hesitate to take appropriate action," he said.

Arifin said any baseless criticism against the court would weaken the administration of justice and erode public confidence in the institution.

He said in line with the spread of communication technology, there were many in the society who were unashamed and did not feel guilty in throwing criticisms and making insinuations on all the things happening around them.

“It’s as if their actions are deemed warranted when they make statements through the social media – like Facebook, Twitter, Instagram and YouTube which have rising followers – despite such criticisms having no justification and are hence, questionable.

Arifin reminded judges to always uphold and defend the independence of the judiciary by delivering a fair decision based on valid legal principles.

He said the judiciary's independence was paramount to the country's administration and the Prime Minister was asked to vouch for the institution's independence in the Judicial Commission Act 2009.

Arifin also reminded other parties particularly lawyers not to go against the rule of law when voicing their dissatisfaction on a court's decision.

He also said the responsibility of the judiciary’s integrity did not fall on the shoulders of the Prime Minister and the judges alone, but was needed to be defended by the public.

"With clear conscience, I must say, a matter concerning the administration of justice in the country should be left entirely to the judiciary without interference.

"The judiciary must be perceived to be an institution that serves to deliver justice to people regardless of their race, religion or creed in upholding the democratic principle of separation of powers. The judiciary must also be seen as the guardian of the Constitution and the sentinel to keep watch of the people's rights," Arifin said.

Earlier, Court of Appeal judge Datuk Zaharah Ibrahim, 62, was sworn in as Federal Court judge while High Court judge Datuk Zamani A. Rahim, 64, was promoted to the Court of Appeal.

Meanwhile, Judicial Commissioners Vazeer Alam Mydin Meera, 53, and Datuk Douglas Cristo Primus Sikayun, 63, were confirmed as High Court judges. Their appointment were effective from today.