Case to remove former EC members purely academic, argues counsel
The tribunal to seek the removal of former Election Commission (EC) members has raised a question as to whether the proceeding serves any purpose, since the matter has now been rendered academic, the tribunal was told today.
This is due to the resignation of the six members from the EC prior to the proceeding to remove them as EC commissioners, which took effect on Jan 1.
The six former EC members are Othman Mahmood, Mohd Yusop Mansor, Abdul Aziz Khalidin, Sulaiman Narawi, K Bala Singam and Leo Chong Cheong...
The tribunal to seek the removal of former Election Commission (EC) members has raised a question as to whether the proceeding serves any purpose since the matter has now been rendered academic, the tribunal was told today.
This is due to the resignation of the six members from the EC prior to the proceeding to remove them as EC commissioners, which took effect on Jan 1.
The six former EC members are Othman Mahmood, Mohd Yusop Mansor, Abdul Aziz Khalidin, Sulaiman Narawi, K Bala Singam and Leo Chong Cheong.
The tribunal was set up to investigate allegations of misconduct committed by the EC in the run-up to and on the day of the 14th general election.
Attorney-general Tommy Thomas said in a statement on Jan 24 that the tribunal comprises five members who are retired judges of the Federal Court.
On Oct 17 last year, it was reported that the government had begun the process of setting up the tribunal - which was then followed by the resignations of the six EC members, with the last resignation tendered on Nov 27.
Tribunal chairperson Shim Lip Kiong raised the question on whether the proceeding would serve any purpose, since the tribunal was told that the matter has been rendered academic.
"The ultimate purpose of the whole exercise is to seek the removal of the EC members for misconduct. However, given the fact that they have tendered their resignations, the question arises as to whether it serves any useful purpose to proceed with the hearing of the charges," Shim said.
The other members of the tribunal are Zaleha Zahari, Suriyadi Halim Omar, Jeffrey Tan Kok Wha and Prasad Sandosham Abraham.
'Matter academic, regardless of the outcome'
The counsel assisting the tribunal, M Puravalen, told the five-member tribunal in Klang that the matter has been rendered academic, regardless of the outcome, due to the resignation of the six.
"As an officer of the court, I am duty-bound to inform that this is the legal position of Malaysian law and common law," Puravalen said.
The other counsel assisting the tribunal in the matter are M Kogilambigai and Ann Khong Hui Li.
The charges were not read out and the court is expected to announce its decision at a later date.
After the proceeding today, lawyer Shaharudin Ali, who represented Abdul Aziz, Othman, Sulaiman and Mohd Yusop, told the media that he is thankful to Puravalen for "being frank and candid."
Shaharudin added: "We are most thankful to Mr Puravalen for being very frank and candid, essentially wanting the matter to end today.
"The real purpose is to inquire, and if there's sufficient evidence, to remove the EC members, but everybody knows that the respondents have resigned."
His partner Khairul Azam Abdul Aziz said that the money allocated to set up the tribunal was a waste.
"What is there to be removed since they (the six EC members) have resigned? The proceeding today is a shame to the Attorney-General's Chambers. It's a black Monday for the rule of law.
"How much has been spent to set up this tribunal? What a waste," Khairul Azam said.
K Kumaraendran, who represents Bala, said the tribunal wouldn't have been convened today had the government advised His Majesty the Yang di-Pertuan Agong on the matter.
"They should have gone back to the Yang di-Pertuan Agong and advised him that the EC members have resigned and there's no point in appointing the tribunal. If this were done, the tribunal wouldn't be here today," Kumaraendran said.
Since the Tribunal was set up to investigate allegation of misconducts by the E.C., then the Tribunal should proceed to investigate irrespective of whether the E.C. members have resigned or not!! This is not an academic exercise as perceived... Many N.G.O.s are unhappy with the process of G.E. 14, including candidates running for the Election as well as voters!! Any blatant irregularities during G.E. 14 should be investigated by the Tribunal so that recommendations can be made to resolve them and to prevent future recurrence.
The role of an RCI is not to remove any EC members because it does not have the power to do so in the first place but to make recommendations on the way forward! The RCI needs to find out what actually happened in GE14 and make recommendations such that any such misdemeanors discovered will not happen again in future. Of course if there are criminal elements uncovered in the process, the police would have to take action according to our laws.
The ' haram jadahs ala bangsats ' resigning from their positions means they are free from all or any encumbrances ..??
Report this comment
Are you sure you want to delete this comment?
This action cannot be undone.