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Sabah lawyer challenging Chief Justice's appointment

KOTA KINABALU: A Sabah lawyer is challenging the appointment of Federal Court Chief Justice Tan Sri Md Raus Sharif and wants the appointment quashed.
Marcel Jude, in filing the case at the Kota Kinabalu High Court on Tuesday, argued that Md Raus' appointment on Aug 5 this year was unlawful and unconstitutional.
He said the Chief Justice of Borneo Tan Sri Richard Malanjum should have been appointed instead of Md Raus as Malanjum was the most senior and most suitable candidate for the post.
He said the Sabah and Sarawak High Court and the Malaya High court were of the same rank, yet there had never been a chief justice from Borneo since the formation of Malaysia in 1963.
Apart from that, Jude said Md Raus was supposed to retire after Aug 5 as he reached the mandatory retirement age of 66 and six months, whereas Malanjum would only reach that same age in April 2019.
He said it did not matter that Md Raus' service has been extended for another three years as according to the Constitution, Malanjum was the appropriate person to take over the post from the former chief justice, Tun Ariffin Zakaria.
The application for leave for the case will be heard on Oct 17.
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