JUDGES MUST BE EVALUATED EXCLUSIVELY BY THEIR COURTROOM PERFORMANCE - CHIEF JUSTICE 

PUTRAJAYA, Dec 5 (Bernama) -- In an interview at the Palace of Justice marking his first 100 days in office, Chief Justice Datuk Seri Wan Ahmad Farid Wan Salleh said that a judge must be evaluated exclusively on their performance in the courtroom.

He emphasised to the media that judicial competence is demonstrated through the quality of judgments, courtroom demeanour, and the fair handling of legal counsel and submissions from all parties involved, rather than by external factors or a judge's personal history.

“I believe a judge is to be judged based on his performance in the court, based on his grounds of judgment, not on any other external factors,” he said in response to a question regarding Federal Court judge Tan Sri Ahmad Terrirudin Mohd Salleh’s appointment to the Judicial Appointment Commission (JAC).

“If you want to judge Tan Sri Terrirudin, let us judge him based on his grounds of judgment, his demeanour in court, the way he handles the lawyers, the way he handles the submissions given by both parties, that’s how we judge him, not by any other matters, not by history,” he added.

Wan Ahmad Farid then drew a distinction between his current judicial role and his previous political tenure.

He offered an example, saying he should not be assessed for decisions made during his tenure as Deputy Minister of Home Affairs (March 2008 to January 2009).

Instead, he clarified that any evaluation should be based solely on his past judicial rulings delivered from the High Court bench.

“So the best way is for the public to accept things as they are, move on, and to judge a particular judge based on his performance inside the court,” he replied when asked about his strategy for reinforcing public confidence in the judiciary amidst recent controversies involving certain judges.

He emphasised that judicial decisions must be founded strictly on fact and law, without external influence, and that judges duly consider all mitigating factors in criminal cases during sentencing.

Regarding the issue of delayed written judgments, Wan Ahmad Farid said the judiciary is encouraging judges with such backlogs to attend specialised courses designed to improve their efficiency.

Describing his judicial philosophy, he cited a principle that guides his decision-making: “So long as your conscience is clear, you will have no doubt and no regret later”.

The Chief Justice revealed that his appointment to the nation’s highest judicial office came as a complete surprise to him and to his wife.

“It never crossed my mind that I was going to be Chief Justice. I was a judge at the High Court for so many years and for more than a year in the Court of Appeal,” he said, describing his appointment as a great honour. 

“When I became Chief Justice, I had to balance between judicial and administrative work. For the first time in my judicial life, I started doing administrative work,” he said, adding that as  Chief Justice, he is now responsible for matters involving commissioners of oath, disciplinary actions, as well as transfers and postings of judges and judicial officers.

He shared how he unwinds after late nights of judicial work, saying he usually does not go straight to sleep.

"I have to unwind first. I watch Netflix, Tom and Jerry, or Yes, Prime Minister. You can’t be serious all the time. It helps me maintain my judicial wellness,” he said, adding that his favourite Netflix programme used to be “Blacklist”.

When asked to grade his own performance against his KPI (Key Performance Indicators), he demurred, saying that a judge does not preside over his own case, and concluded that such an assessment should be left to the judgment of the public.

Upon assuming the post, Wan Ahmad Farid said his primary objectives are to foster unity within the judiciary and to develop a comprehensive ten-year policy blueprint to address case backlogs, strengthen the ethnic composition of the judiciary, and ensure the timely completion of judgments.

He also affirmed that judges are subject to criticism, as no member of the judiciary is above scrutiny. However, he stressed that such criticism must be conducted in an academic and constructive manner.

“One should not say a judge is bad or wrong, nor criticise merely for the sake of it, or in an emotional way devoid of any substance,” he added.

He reflected that the transition from politician to judge required a significant period of adjustment, noting a marked change upon his appointment as a Judicial Commissioner.

He observed that his phone, once constantly ringing with calls from those seeking connections or favours, fell silent. Unlike the proactive social engagement required in politics, his new judicial role demanded impartiality and detachment.

“So I’m practically a lonely man. I go to the office and come back home. That’s what I do. It is a very secluded kind of life,” he said.

When asked whether he preferred the role of Chief Justice or politician, Wan Ahmad Farid recounted a conversation with a senior Federal Court judge, who had asked him to differentiate between the two positions.

His response was succinct: "A politician thinks after making a decision. A judge thinks before making a decision".

-- BERNAMA