Two years ago, the Conference of Rulers created a precedent when it announced that Mohamed Dzaiddin Abdullah was to replace the then chief justice Mohd Eusoff Chin, thereby superseding the traditional bearer of the news the Prime Minister's Department.

Whether the Rulers will again announce their choice of the highest judge of the land after holding their meeting later this month is anyone's guess.

What is within the conjecture of the legal fraternity, however, are the likely candidates for the post, and familiar names like Court of Appeal president Ahmad Fairuz Sheikh Abdul Halim, Federal Court judges Abdul Malek Ahmad, Haidar Mohd Noor and Siti Norma Yaakob are being bandied about.

From the list, Ahmad Fairuz looks like the most likely candidate to replace Dzaiddin, largely due to his position as the second man in command of the judiciary.

However legal fraternity sources are not confident if Ahmad Fairuz will be the right candidate to continue the changes implemented by Dzaiddin to repair the damaged image of the judiciary.

Ahmad Fairuz is not seen by many as a "reformist" and "progressive" judge. His judgments are usually labeled as "safe judgments", which include the sacking of DAP candidate for the Bukit Bintang parliamentary seat in the 1995 general elections and giving the seat to the Barisan Nasional candidate.

Ahmad Fairuz was also a panel member in the Court of Appeal that dismissed lawyer Zainur Zakaria's appeal against his 1998 contempt of court conviction. Zainur was cited for contempt for applying on behalf of Anwar Ibrahim to disqualify two senior prosecutors from prosecuting Anwar's corruption trial.

However, Ahmad Fairuz is closely associated with Dzaiddin, a relationship many feel will be vital in continuing to improve the judiciary.

His rise in the judiciary ranks has been rapid. He was appointed as the Chief Judge of High Courts in October 2001, and two months ago he was again promoted to the post of the Court of Appeal president.

Most senior judge

However, his promotions were severely critised by senior members of the Malaysian Bar who felt these promotions should have been given, by seniority and on merit, to Abdul Malek, the most senior judge in the Federal Court.

The soft-spoken Abdul Malek is a favourite candidate among lawyers, largely due to his deep knowledge in the law as well as by the manner he carries himself in the court.

Abdul Malek is known for his reformist streak and has, on various occasions, expressed his dissatisfactions over the manner the judiciary was heading under the controversial leadership of the previous chief justice, Eusoff Chin.

When lawyer Zainur's appeal against the contempt of court conviction landed before the Federal Court, Abdul Malek was one the three judges that overruled the conviction, stating that the High Court judge had acted more like a prosecutor in finding Zainur guilty.

Legal sources however are not confident that Abdul Malek will be chosen over Ahmad Fairuz for the top post, especially with Ahmad Fairuz having twice beaten Abdul Malek for promotions.

Although Federal judges Haidar and Siti Norma remain possible candidates for the top post, seniority, and especially in the case of Siti Norma, gender, will rule them out in the final count.

It must be noted that Siti Norma holds the distinction of being the first female High Court, Court of Appeal and Federal Court judge.

Both are nevertheless capable judges and have not been shy to express their views in court. Of the two, Siti Norma is definitely more courageous in making her stand, and to say the least, fiercer of the two, though now she is more cordial in her dealings with lawyers.

Dark horse

But there are rumours that someone outside from the current crop of judges could be brought in to fill the vacancy.

Indeed, eyebrows were raised when the name of former attorney-general (AG) and Human Rights Commission of Malaysia (Suhakam) chairperson Abu Talib Othman was mentioned as a possible candidate.

Should Abu Talib be made the next CJ, the ensuing controversy would probably rival the turbulence caused in the judiciary when former AG Mohtar Abdullah was made a Federal Court judge about a year ago.

Mohtar, who is one of the youngest Federal Court judges, was once touted as the most likely person to take over Dzaiddin until he suffered a stroke which left him in coma since September last year.

Mohtar would have been a controversial candidate for CJ, especially given his role in the much criticised prosecution of former deputy prime minister Anwar Ibrahim.

Unlikely candidate

For Zainur, who once chaired the Bar Council, the common expectation would be Ahmad Fairuz who is now holding the No 2 seat in the judiciary.

"Based on the past practice, he (Ahmad Fairuz) is likely to be the next chief justice. After all he has been on the bench for quite sometime," Zainur said when contacted on the phone yesterday.

The high-profile laywer said he has not heard of the rumour about Abu Talib's possible appointment. Regardless, he said, it was highly unlikely for someone from outside the judiciary to be appointed as the next CJ.

"Further, he (Abu Talib) has been away from the (judiciary) scene. I'm not saying that he is not capable (of the task), but he has been out of touch of the issues and it's not likely that they would appoint him," he explained.

Asked if Abu Talib's involvement in the tribunal of former Lord President Salleh Abas would put a lid to his doing a good job as the head of the country's judiciary, Zainur said the matter should never be an issue.

(In the judicial crisis of 1988, Salleh was sacked unceremoniously from his post as the lord president [now renamed as chief justice] after a tribunal found him guilty of misconduct. Salleh, now a state assembly representative in Jertih, claimed that the tribunal was a conspiracy to boot him out, led by Prime Minister Dr Mahathir Mohamad.)

"Abu Talib's involvement in the tribunal should never be factor of whether he can do a good job or not. The thing is, any appointment would be open to criticism. I don't think any CJ had ever escaped criticisms ... even Tun Salleh had received a few criticisms," he said

A retired judge who declined to be named found nothing wrong or unusual with the idea of Abu Talib as the next CJ as the latter had been a senior judicial officer for quite some time before he retired as AG.

"I'm sure he is capable of handing the job. I don't think it is unusual if he becomes the next CJ," he said when contacted.

Too close to government

However, a senior lawyer who wished to remain anonymous, strongly believed that such development would only lead to more controversies.

"To appoint someone from a non-judiciary post straight as the head of the judiciary is not a good precedent. If Federal Court judge Abdul Malek or Siti Norma is appointed, the decision will not be questioned because their good reputation is established.

"But if a non-judiciary person jumps to the number one seat, there will be questions and doubts. The judiciary will definitely not be seen in a good light. The independence of the judiciary will be in doubt," he said.

Further, he said, Abu Talib had been too close to the government for the comfort of the judiciary.

He also said Abu Talib's role as the prosecutor in the tribunal which led to the removal of former Salleh and two other Supreme Court judges then will not help the judiciary's image if he becomes the chief justice.

"Those who know about the incident will never forget and forgive. If he (Abu Talib) is appointed, it will be re-opening old wounds," he said.

Best person

The lawyer believed that Abdul Malek is the best person to lead the judiciary after Dzaiddin. His next choice would be Siti Norma.

He said Abdul Malek is a highly respected person among the Commonwealth judicial circle and his appointment will strengthen the international perception of the Malaysian judiciary.

"He is a bright person and his integrity has never been questioned. His judgment is highly respected. He will not make waves just for the sake of making waves," the lawyer said.

Similarly, he added, Siti Norma has a good reputation of being a good and respected judge.

Senior lawyer Rasamani Kandiah said when asked if the Malaysian society would be ready for its first women CJ, said there was no reason for them not be.

She said the next CJ should be determined purely by merits and seniority. And looking at the present judges based on the tradition that had been laid down, Siti Norma should be included in the list of potential candidates.

"She is one of the seniors. She has gone all the way up and therefore there is no reason why she should not be taken into consideration. She is a good judge, her integrity and capabilities were never questioned," Rasamani said when contacted.

Great challenge

Meanwhile, Zainur said no matter who fills the post, the person will face the great challenge of bringing the judiciary back to the glory days of their independence.

"A substantial faction of the public and lawyers feel that the judiciary has not reclaimed its independence (found) in 1980s. For example, the decision of jailed deputy premier Anwar Ibrahim's appeal raised a lot of dissatisfaction and a lot of people were disappointed with what had happened," said Zainur, who appeared for Anwar.

(On July 10 last year, lawyers and the public alike criticised the Federal Court's judgment which dismissed Anwar's final appeal against his conviction and six-year jail sentence for corrupt practice. His appeal against the sodomy conviction is yet to be heard.)