Five lawyers staged a walkout after the royal commission into the Lingam tape today barred their client - PKR de facto leader Anwar Ibrahim - from participating in the proceedings.

walkout anwar ibrahim lawyers 050208 The commission's decision was made due to Anwar's refusal to withdraw and apologise for his contemptuous remarks made against the royal panel of inquiry.

Also barred for the same reason is social reform movement Aliran.

The five lawyers - M Puravalen, William Leong, Ravindran Nekoo, Yusmadi Yusoff and Oh Choong Ghee - act for Anwar. Aliran’s lawyer CV Prabhakaran was not present in court this afternoon.

Commission member Steve Shim said that the remarks made by Anwar and Aliran were deemed as being on the verge of contempt of the commission

“Given the seriousness of the allegations, we are compelled to order that they should not be allowed to participate further in this proceeding,” Shim said, adding the commission would consider further punishment against them later.

The decision came immediately after the commission rejected an application by Anwar seeking to disqualify commission chief Haidar Mohd Noor from chairing the inquiry since he is a relative to ex-chief justice Ahmad Fairuz Sheikh Abdul Halim, a key witness in the inquiry.

‘You can be a bystander’

Another commissioner, Mahadev Shankar, also ticked off Anwar.

“He has forfeited his rights in this inquiry unless he changed his mind that he gives us the apology and withdrawal that we ask for,” said the former Court of Appeal judge.

lingam tape panel meeting 031007 mahadev shankar Anwar’s lawyer Puravalen sought to seek some clarifications at this juncture but Mahadev ( photo ) reminded him that he could no longer represent Anwar, or to take part in questioning and submitting as a lawyer in view of the ruling.

“You can be a bystander here,” the commissioner told the lawyer.

Shortly after that, the five lawyers staged a walkout from the courtroom as an act of protest.

The commission upheld its decision even after hearing concerns raised by Malaysian Bar’s counsel Robert Lazar. Lazar argued that the commission failed to follow procedures to punish an individual for contempt as laid down in the Commissions of Enquiry Act 1950.

He explained that under the Act, acts of contempt are punishable with a maximum RM100 fine or a three-month jail. The punishment did not include barring the person from participating in the inquiry.

“In this case, I don’t think that procedure has been followed,” Lazar said.

Seeking judicial review

Speaking to reporters outside the courtroom later, Leong said a judicial review will be sought on the commission’s decision. He also lamented that proper procedures were not followed.

“The ruling said Anwar was on the verge of contempt, it did not say he has committed contempt and even if he did, a summon should be issued against him and had his defence heard first under the law,” the lawyer, who is also PKR treasurer, said.

“He had been subpoenaed as a witness but had not been allowed to testify and even until now (this punishment being handed down), he is not heard,” Leong added.

Both Aliran and Anwar’s statements were published on the Internet, including online daily Malaysiakini last week.

anwar ibrahim vk lingam hearing pc 290108 talking The first article was a letter written by Aliran president P Ramakrishnan entitled ‘ Lingam inquiry: We’re shocked and devastated ’ and the second article was a Malaysiakini news report entitled ‘ Unseen hand’ manipulating inquiry ’ which was written based on Anwar’s press conference.

Both articles criticised the commission’s decision of not calling Anwar and two other PKR leaders as witnesses.

The commission had asked for an amendment to be made by Aliran and Anwar, as well as an unqualified apology and public withdrawal.

The two parties however said yesterday that they stood by their statements and will not tender an apology.