No law preventing Guan Eng from being sworn in

KUALA LUMPUR: There are no legal impediments for Lim Guan Eng to be sworn in as Finance Minister, said Bar Council president George Varughese.

Pending the determination of a case by the court, he said all accused persons must enjoy the presumption of innocence and not be treated as though they are guilty of a criminal offence.

There are instances where a pub- lic official facing prosecution for an alleged criminal offence has taken leave or vacated office, when there is a risk of direct or indirect interference by him in the investigatory and/or prosecutorial decisions, he said.

“In Lim’s case, since the prosecution has already commenced, the investigation would have been completed. Therefore, there should no longer be any possibility of interference with the investigation.

“And with regard to the prosecution, the risk of interference would depend on the evidence that is to be adduced by the prosecution in support of the charges,” he said.

“On the face of the charges, the evidence is uncertain and it would be premature at this stage to conclude that there may be a risk of direct or indirect interference in prosecutorial decisions by Lim.”

Yesterday, Lim’s corruption case was postponed to July 30.

Lim’s lawyers are asking for the charges to be dropped.

Criminal lawyer Kitson Foong said Article 48 of the Federal Constitution, which lists how one can be disqualified from being a MP, does not prohibit Lim from being sworn in as Finance Minister.

“Just being charged doesn’t mean you are convicted of an offence. He’s been charged, but he has not been convicted, and most certainly has not been sentenced,” said Foong.

He also finds Tun Daim Zainuddin’s suggestion that Lim take a leave of absence to attend to his court case after being sworn in, to be “prudent” and “perfectly valid”.

Lawyer S. Radhakrishnan also said Lim should have the case against him cleared before assuming the duties of the Finance Minister, in the name of good governance and transparency.

Although Lim could not be legally prevented from taking office, he said, being in the clear would be prudent and ethical.