KUALA LUMPUR, July 25 — Tan Sri Abdul Rahman Sebli has retired as the Chief Judge of Sabah and Sarawak, after over 41 years of serving the nation — including 17 years at the High Court, Court of Appeal and Federal Court.
This is because he has reached the age of 66 years and six months today.
The Sarawakian had reached the mandatory retirement age for judges when he turned 66 years old on January 25, but was granted a six-month extension. Yesterday was his last day as a judge.
Beyond serving as a judge who had heard high-profile cases, including a former prime minister’s conviction challenge, Abdul Rahman was also quite the artist and a firm advocate of better laws to protect animals and wildlife.
A Sarawakian’s long career in law and courts
Born in Sibu, Sarawak and a Universiti Malaya (UM) law graduate, Abdul Rahman started serving in Malaysia’s judicial and legal service in December 1983.
The positions that he had held included being a deputy public prosecutor for Sarawak, Pahang, Kelantan and Kuala Lumpur; a senior federal counsel at the Sarawak State Attorney General’s Chambers; and as a Sessions Court judge in Kota Kinabalu, Sabah and Miri, Sarawak.
He had also been Pahang’s state legal adviser, and director of the Royal Malaysian Customs Department’s legal division.
Abdul Rahman then became a judicial commissioner at the High Court in September 2008, and was elevated to be a High Court judge on August 9, 2010.
He served at the High Court in Kota Kinabalu, Shah Alam and Johor Bahru.
He was later appointed as a Court of Appeal judge on September 12, 2014, as a Federal Court judge on August 8, 2019, and served for about three years and five months before becoming Chief Judge of Sabah and Sarawak.
Since his January 17, 2023 appointment until his retirement today, Abdul Rahman has served for two-and-a-half years as the top judge overseeing administrative duties for the High Court of Sabah and Sarawak.
Datuk Abdul Rahman Sebli is pictured during the swearing-in ceremony as the new Chief Judge of Sabah and Sarawak at Palace of Justice in Putrajaya January 17, 2023. — Picture by Yusof Mat Isa
Notable court decisions
Abdul Rahman is perhaps best known for being the only dissenting judge in a case involving former prime minister Datuk Seri Najib Razak’s bid to challenge his conviction over SRC International Sdn Bhd’s misappropriated RM42 million.
Just two days after becoming Chief Judge of Sabah and Sarawak, Abdul Rahman on January 19, 2023 chaired a five-judge panel hearing Najib’s application to ask the Federal Court to either overturn his conviction or order a retrial.
On March 31, 2023, while the four other judges rejected Najib’s review bid, Abdul Rahman was the only judge to say that the former prime minister was deprived of a fair hearing and should be acquitted in the SRC case.
On February 9, 2024, Abdul Rahman was the only dissenting judge in a Federal Court case, with the eight other judges deciding that 16 provisions on Shariah criminal offences in a Kelantan state law were unconstitutional and invalid as Parliament is the one with powers to make laws on such crimes.
Screenshot of Tan Sri Abdul Rahman Sebli’s sketch ’Clock Tower at the Old Court House’, depicting the iconic Sultan Abdul Samad Building in Kuala Lumpur, from The Malaysian Judiciary’s Yearbook 2017.
A talented artist
Apart from carrying out his duties as a judge, Abdul Rahman also displayed his “surprise” artistic skills when his detailed black-and-white drawings were twice featured as the cover artwork for the Malaysian judiciary’s annual yearbook.
For the 2017 yearbook, Abdul Rahman’s sketch titled Clock Tower at the Old Court House depicted the iconic Sultan Abdul Samad Building in Kuala Lumpur — a heritage landmark located opposite Dataran Merdeka that once housed Malaysia’s superior courts, namely the Federal Court, Court of Appeal and High Court.
In the 2018 yearbook, his drawing titled The Eye-Catching Facade of the Kuching Court Complex received praise from the yearbook’s editor, then Federal Court judge Tan Sri Idrus Harun.
“The stunning cover sketch for this publication depicting the beautiful facade of the court house in Kuching, Sarawak is the product of excellent work of Justice Abdul Rahman Sebli who once again demonstrated his pure talent when he volunteered to draw the cover sketch gratis,” Idris wrote in the yearbook when commenting on Abdul Rahman’s offer to draw the artwork for free.
Screenshot of Tan Sri Abdul Rahman Sebli’s sketch ‘The Eye-Catching Facade of the Kuching Court Complex’ from The Malaysian Judiciary’s Yearbook 2018.
Advocacy for wildlife and environmental protection
On February 26, 2024 at his opening speech for the Borneo Rainforest Law Conference 2024 held in Sabah, Abdul Rahman said efforts should be made to update and strengthen existing environmental laws, and to ensure that these laws are comprehensive and effectively enforced.
He said the courts in Sabah and Sarawak had introduced sentencing guidelines for wildlife and forest crimes, but noted that the courts’ role in enforcing environmental laws has its limits and that long-term solutions were needed from the executive and legislative branch of government.
He called for strict laws to prevent illegal wildlife trade and to protect marine ecosystems, as well as to promote sustainable fishing practices and marine conservation efforts.
In the judiciary’s 2017 yearbook, Abdul Rahman in a seven-page piece titled “Animal Cruelty and Wildlife Protection” outlined and compared the three different laws on wildlife crime in Peninsular Malaysia, Sabah and Sarawak.
In his article, he spoke out against abuse of pets, saying that the court must make clear that it would not tolerate crimes of cruelty to animals. He also urged for heavier penalties in the law against animal cruelty.
Who will succeed Abdul Rahman?
On July 18, the Malaysian judiciary issued a statement to announce that the Yang di-Pertuan Agong has assented to appointing Court of Appeal judge Datuk Azizah Nawawi to replace the soon-to-retire Abdul Rahman as the Chief Judge of Sabah and Sarawak.
The judiciary also said the Yang di-Pertuan Agong has assented to appointing Court of Appeal judge Datuk Wan Ahmad Farid Wan Salleh as the next Chief Justice of Malaysia and Federal Court judge Datuk Abu Bakar Jais as the next President of the Court of Appeal.
The three new top judges will be sworn in on July 28 at Istana Negara.
As of now, Chief Judge of Malaya Tan Sri Hasnah Mohammed Hashim is temporarily carrying out duties as the acting Chief Justice, while Federal Court judge Datuk Zabariah Mohd Yusof is temporarily carrying out duties as the acting President of the Court of Appeal.
