Tribunal reserves judgment over misconduct of ex-EC members
Ho Kit Yen
-January 28, 2019 1:30 PM
FMT
Bersih chairman Thomas Fann (left) and lawyers M Puravalen (right) and Lim Wei Jhiet (middle).KLANG: The tribunal set up to investigate allegations of misconduct by six former Election Commission (EC) members in preparing and conducting the May 9 general election last year has reserved judgment over the case.
Lawyer M Puravalen and senior federal counsel M Kogilambigai from the Attorney-General’s Chambers, who assisted the tribunal, said the case was now academic as the six resigned in October last year.
Panel chairman Steven Shim said they would inform the relevant parties of their decision on another date after hearing arguments from the assisting officers and lawyers.
Others on the panel were former judges Zaleha Zahari, Suriyadi Halim Omar, Jeffrey Tan Kok Wha and Prasad Sandosham Abrahim.
Former deputy EC chairman Othman Mahmood waves outside the Klang court complex after attending the tribunal hearing today.Puravalen told the panel there was no live issue to be tried as the six – Othman Mahmood, Md Yusop Mansor, Abdul Aziz Khalidin, Sulaiman Narawi, Bala Singam Karupiah and Leo Chong Cheong – had already left the EC.
“The Malaysian law and common law positions are that the issue has been rendered academic and the outcome would have no effect.
“As assisting officer, I am duty-bound to inform the panel of this,” he said at the start of the tribunal today.
Lawyers K Kumaraendran, Shaharudin Ali and R Kengadharan, who represented the six men, also adopted the submission that there was no live issue to be heard and argued before the panel.
Shim meanwhile noted that the appointment of panel members by the Yang di-Pertuan Agong was to deliberate on whether there was misconduct by the six and if they should be removed from office.
“We are only here with the ultimate purpose of removing them as stated in our letters on terms of appointment by the king – nothing more,” he said.
It is understood that 13 charges have been framed against the six former EC members in connection with their role in preparing the redelineation report and the manner in which the May 9 polls were conducted.
All six quit shortly after the government’s announcement that a tribunal would be set up to investigate claims of misconduct against them.
Electoral watchdog Bersih 2.0 was also present at the tribunal to observe the proceedings at the Klang court complex today.
Bersih chairman Thomas Fann said the tribunal was called after the group submitted a memorandum to the government in August over the EC’s alleged wrongdoings prior to the general election.
“This is the first time a tribunal has been called to listen to the actions of EC members,” he added.
Meanwhile, Kumaraendran who represented Bala Singam maintained that the charges against his client remained allegations. He also said the charges were not read to Bala Singam and his former colleagues before the tribunal.
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