Tribunal not sure whether to release report to king or public
KUALA LUMPUR: The tribunal looking into the allegations of misconduct committed by six former members of the Election Commission (EC) in the 14th General Election (GE14) is undecided on whether to announce its decision publicly or to report it to the Yang di-Pertuan Agong.
Retired Federal Court judge Tan Sri Amar Steve Shim, who chaired the tribunal, raised this question during the third day of hearing at the Asian International Arbitration Centre here yesterday.
“How should we deliver this decision? Should it be done through the Yang di-Pertuan Agong or by making a public announcement?”
Attorney-General Tommy Thomas said the tribunal had the power to make the decision, hence there was no need to go back to the king on a matter that was interim.
“If it is an announcement of a decision of a preliminary issue, I don’t see why the tribunal cannot do so under the Constitution, without the representation to the king.”
Thomas said it was also possible for the tribunal to make the announcement and then make recommendations to the Yang diPertuan Agong.
Lawyer Datuk Shaharuddin Ali, who is representing four former members, concurred that the decision should be made public, but was firm on the decision that his clients should not be tried as the king had accepted their resignation, adding that it was not open for them to question the king’s decree.
However, the tribunal — consisting of retired Federal Court judges Tan Sri Zaleha Zahari, Tan Sri Suriyadi Halim Omar, Tan Sri Jeffrey Tan Kok Wha and Datuk Dr Prasad Sandosham Abraham — reserved its decision to another date.
Thirteen charges were framed against the six former commissioners in connection with their role in preparing the controversial redelineation report and the manner in which GE14 was conducted on May 9 last year.
Yesterday, questions were also raised on whether a person could be removed from office when he no longer held a position there.
Shaharuddin said the resignations of his clients were not in anticipation of the tribunal’s setup as it was understood that there were discussions on the shortening of their services in the EC.
Thomas also said former EC chairman Tan Sri Mohd Hashim Abdullah was not hauled up for misconduct as he had resigned before the Yang di-Pertuan Agong’s consent to set up the tribunal. The other members resigned only after the king gave the nod to establish the tribunal last December.
The six were Tan Sri Othman Mahmood, Datuk Md Yusop Mansor, Datuk Abdul Aziz Khalidin, Datuk Sulaiman Narawi, Datuk K. Bala Singam and Datuk Leo Chong Cheong.
Lawyers Shaharuddin and Mohd Khairul Azam Abdul Aziz represented Othman, Yusop, Aziz and Sulaiman, while Datuk K. Kumaraendran and K. Kumaraguru appeared for Bala Singam.
R. Kengadharan appeared for Leo.
On Oct 17, the government had reportedly begun setting up the tribunal.
A day later, five EC members announced their resignation.
The remaining member, Bala Singam, tendered his resignation on Nov 27.