“He is also deemed to have relinquished his position when he handed over his office to incoming Chief Justice Richard Malanjum on July 12,” a source told FMT.
According to sources, Raus sent a letter stating that he was vacating his office on July 10.
The source was responding to a query by former chief justice Abdul Hamid Mohamad on why Malanjum was appointed even though Raus still occupied the position.
Hamid said that Malaysia had, in effect, two chief justices between July 11 and July 31, when Raus’ term officially ends.
A June 13 media statement from the Chief Registrar’s Office stated that Raus and Court of Appeal president Zulkefli Ahmad Makinudin had tendered their resignations, which would come into effect on July 31.
The statement said the palace had replied, in a letter dated June 11, that the king had accepted their resignations.
Malanjum received his appointment letter on the night of July 11 after the Conference of Rulers, which met earlier in the day, endorsed the recommendations by Prime Minister Dr Mahathir Mohamad.
Chief Judge of Malaya Ahmad Maarop took over Zulkefli’s Court of Appeal president post, federal judge Zaharah Ibrahim was made chief judge of Malaya, and David Wong Dak Wah, chief judge of Sabah and Sarawak.
The source said Raus was present to hand over the duties to Malanjum on July 12 and this information had been posted on the judiciary’s website.
Similarly, Zulkefli handed over his duties to Ahmad the same day.
Hamid had also asked if there was a breach in seniority and protocol in Malanjum’s appointment, saying Ahmad was senior by protocol and should have been the frontrunner for the post.
Hamid, 76, was chief justice for a short tenure between 2008 and 2009.
Retired Federal Court judge Gopal Sri Ram said Malanjum was the most senior judge, only that he had been bypassed for promotion since 2011.
Malanjum was appointed Federal Court judge in 2005 and made chief judge of Sabah and Sarawak the following year. He held the post until last week.
Ahmad was made Federal Court judge in 2011 and made chief judge of Malaya in April.
Sri Ram said there was a precedent in 2000 when Federal Court judge Mohd Dzaiddin Abdullah was appointed chief justice instead of Court of Appeal president Lamin Yunus, who by protocol was the most senior.
“With the greatest respect, I am afraid Hamid has got it wrong again,” he added.