TOMMY: A-GC WILL NOT REPRESENT ANY PARTY
EC must appoint its own representative, says attorney-general
THE Attorney-General’s Chambers (A-GC) will not represent any party in an election petition. As such, the Election Commission (EC) must appoint members of its choice from the Malaysian Bar to represent it in the legal proceedings, said Attorney-General (AG) Tommy Thomas.
In a statement yesterday, he said the move was taken to avoid conflict of interest.
“The Federal Constitution expressly states that the EC chairman must enjoy public confidence: likewise, the EC itself.
“As the neutral arbiter in the conduct of elections, EC should not be represented by members of this chambers because of any potential conflict of interest and the perception that justice must be seen to be done.”
Tommy said the legal system established the “ad hoc” Election Courts to hear and determine election petitions for disputes arising from the conduct of elections by EC and its staff.
“(And) because members of the government are invariably parties to such election petitions, whether as members of parliament, state assemblymen or defeated candidates, it is invidious for the chambers to also act for the EC.”
He said the primary duty of the A-GC was to act as the legal adviser to the executive branch of government, led by the prime minister, and to represent them in civil and criminal proceedings in the courts.
He added that the EC was established at the time of Merdeka to be an independent and impartial agency to conduct elections freely and fairly.
“It was intended to be neutral between political parties competing with each other for the right to be chosen by the voters to govern them for a maximum period of five years,” he said.