RCI on judiciary: Gov't aims to strike out ex-CM's 'frivolous' suit
Putrajaya is seeking to strike out former Sabah chief minister Yong Teck Lee's originating summons to challenge the constitutionality of the proposed Royal Commission of Inquiry (RCI) into the judiciary, a high-ranking government source revealed.
Speaking on condition of anonymity, the source said the necessary papers would be filed with the court soon.
"Yong's suit (filed in Sabah on April 29) is frivolous," the source told Malaysiakini...
Putrajaya is seeking to strike out former Sabah chief minister Yong Teck Lee's originating summons to challenge the constitutionality of the proposed Royal Commission of Inquiry (RCI) into the judiciary, a high-ranking government source revealed.
Speaking on condition of anonymity, the source said the necessary papers would be filed with the court soon.
"Yong's suit (filed in Sabah on April 29) is frivolous.
"Furthermore, there is a precedent regarding the forming of an RCI on matters related to the judiciary. There was one established during the time of former prime minister Abdullah Ahmad Badawi.
"Based on this, the government will move to strike out the matter," the source told Malaysiakini.
In 2008, the government established an RCI when lawyer VK Lingam was implicated in a video showing him having a phone conversation with the then chief judge of Malaya, Ahmad Fairuz Sheikh Halim, in 2001 over the fixing of the appointments of judges.
On Wednesday, Prime Minister Dr Mahathir Mohamad shot down a proposal by former Federal Court judge Gopal Sri Ram (photo) to hold an internal inquiry instead of an RCI.
Mahathir said the public wanted an RCI and the government was receptive to this.
Sri Ram had argued that an RCI would be inappropriate as it would violate the constitutional doctrine of separation of powers.
He suggested that Chief Justice Tengku Maimun Tuan Man set up an internal inquiry comprising five members, including three retired judges.
The panel, Sri Ram added, should be given the mandate to submit its findings to the chief justice alone, who in turn would propose to the prime minister to recommend to the Yang di-Pertuan Agong to subject any judge found guilty of misconduct to a tribunal.
'Nothing to hide, nothing to fear'
Commenting on this, the government source agreed with the prime minister, stating those who have nothing to hide should not fear the RCI.
Meanwhile, lawyer Arun Kasi also disagreed with an internal inquiry.
"There will be too many limitations on it. For instance, an internal inquiry will be unfounded in the Constitution. In any event, it cannot extend to retired judges.
"For this reason, an effective investigation over the allegations can only be carried out by an RCI," Arun told Malaysiakini.
Previously, the source indicated the existence of hidden hands attempting to stop the RCI and linked these individuals to the legal action initiated by Yong (photo).
However, the former chief minister denied this, claiming that he acted on his own accord.
On June 3, de facto Law Minister Liew Vui Keong cited Yong's originating summons as a stumbling block to the RCI.
He said the government would have to wait for the outcome of the matter before deciding on the next course of action.
Mahathir had announced the RCI in February after Court of Appeal judge Hamid Sultan Abu Backer filed an affidavit outlining the alleged misconduct.
