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The Tribunal
Steve Shim Lip Kiong (Chairperson), Zaleha Zahari, Suriyadi Halim Omar, Jeffrey Tan Kok Wha and Prasad Sandosham Abraham.
The EC members
Tan Sri Othman Mahmood, Datuk Md Yusop Mansor, Datuk Abdul Aziz Khalidin, Datuk Sulaiman Narawi, Datuk Bala Singam Karupiah and Datuk Leo Chong Cheong.
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1 February 2019
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The StarVerified account @staronline
Kit Siang aide: Stop baseless statements against tribunal probing ex-EC members
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PETALING JAYA: Everyone must stop making baseless statements against the tribunal formed to investigate former members of the Election Commission (EC), says DAP supremo Lim Kit Siang’s political secretary, Syahredzan Johan.
According to Syahredzan, the announcement of the setting-up of the tribunal last Oct 17 meant that Prime Minister Tun Dr Mahathir Mohamad represented the Yang di-Pertuan Agong in constituting the tribunal.
“As such, there was no error or impropriety on the part of the Prime Minister at the time. It would also mean that the tribunal was properly constituted by the Yang di-Pertuan Agong.
“Since the tribunal was constituted, it is only proper that the proceedings should commence on the day, even if it is to decide whether it should proceed,” he said in a statement posted on Facebook on Friday (Feb 2).
Syahredzan, who is also a lawyer, cited Article 114(3) of the Federal Constitution, which states that it does not empower the King to reject or delay the resignations.
As such, he said, the claim by certain quarters that the Attorney General should have counselled the Prime Minister to advise the King to reject the resignations until after the Tribunal concluded did not appear to have any constitutional basis.
“It must be remembered that there are serious allegations against these EC members during the 14th General Elections.
“If the Tribunal decides that it can still proceed and that its functions have become academic, then these allegations must be investigated thoroughly.
“The former EC members should not be allowed to escape from answering these allegations by way of their resignations,” he said.
Syahredzan also said it was absurd that those who claimed that a general election could be held if the tribunal found any wrongdoing on the part of the EC members.
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PETALING JAYA: A lawyer has taken the attorney-general (AG) to task over his statement that the six former Election Commission (EC) members under investigation by a tribunal over alleged misconduct during the May 9 polls will not escape punishment despite having resigned last year.
R Kengadharan, who is appearing for one of the former EC members, said AG Tommy Thomas’ remark was “disrespectful” and had tarnished the image of the six.
“The AG’s statement, which is totally opposite to the position taken by his conducting officer during proceedings on Monday, is not respectful to the tribunal,” Kengadharan said.
He added that Thomas’ remark could be seen as a move to exert pressure on the tribunal members who will decide if it is feasible to continue with the hearing.
M Puravelan, the lawyer appointed by the AG’s Chambers to assist the tribunal, had said the findings would be largely academic since the EC members had already quit the institution.
However, Thomas accused them of trying to frustrate the tribunal’s investigations by resigning and attempting to “avoid the ignominy of being removed”.
All six of them resigned from the EC following the announcement that the government had begun setting up the tribunal.
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Kengadharan, who is representing Cheong, said he did not rule out some form of legal action against the AG or government over the next few days.
“As far as we are concerned, no proceedings for misconduct can be instituted once the king has accepted the resignation of EC members,” he said.
Meanwhile, lawyer Ragunath Kesavan asked why former EC chairman Hashim Abdullah had been excluded from the tribunal as he would be regarded as the most culpable for any misconduct.
“Hashim was responsible for the day-to-day decision-making process, including his role in the redelineation exercise to alter election boundaries,” he said.
Hashim, 64, resigned from the EC effective July 1. He was replaced by lawyer Azhar Harun.
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PETALING JAYA: Attorney-General Tommy Thomas has removed a lawyer representing the government in the tribunal to probe former Election Commision (EC) members, FMT has learnt.
It is understood that M Puravelan, the conducting officer in the tribunal to investigate six ex-EC members over the way they handled last year’s general election, was informed by Thomas that he no longer represented the government.
“It is unclear when the letter was sent to Puravelan after the tribunal sat on Monday, ” a source told FMT.
Puravelan was not available for comments.
This comes a day after Thomas disagreed with a statement by Puravelan that the outcome of the tribunal would be academic as the ex-EC members had already resigned.
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The tribunal, which is made up of Zaleha Zahari, Suriyadi Halim Omar, Jeffrey Tan Kok Wha and Dr Prasad Sandosham Abraham, is expected to deliver its ruling on whether the matter is academic on a date to be fixed.
It is understood that 13 charges were 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.
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30 January 2019
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PETALING JAYA: The resignation of the six Election Commission (EC) members was a deliberate move to frustrate a tribunal set up to investigate their misconduct while in office, says Attorney General Tommy Thomas.
“The resignations of the EC members were clearly a deliberate move to frustrate investigations of the tribunal, and to avoid the ignominy of being removed, with all its attendant consequences.
“The resignations were tendered immediately after it was reported that the government had begun the process of establishing such a tribunal, and yet were ‘post-dated’ unilaterally by the EC members to take effect on Jan 1, 2019,” said Thomas.
In a media statement on Wednesday (Jan 30), Thomas said he felt the need to clarify the position taken by the Attorney General’s Chambers that the proceedings in the tribunal on the EC commissioners were not academic.
He said the main reason for setting up the tribunal was to find out if the six committed misconduct before and during the GE14, and if they did, to recommend to the Yang di-Pertuan Agong the appropriate action to be taken against them.
“The tribunal must first carry out an investigation into their conduct as stated in the 13 charges against them to determine the facts as to the issue of misconduct.
“These are very serious charges which, if established, will demonstrate personal culpability on the part of the EC members for the way in which GE14 was organised.
“The relevant period of time that the tribunal is tasked to investigate is before and on polling day (May 9, 2018). The members were then in office, and it is their conduct then that is being investigated.
The acts or omissions of EC members cannot be immune from scrutiny and investigation of the tribunal simply because they have resigned,” said Thomas.
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PETALING JAYA: Attorney-General Tommy Thomas said the outcome of the tribunal to investigate allegations of misconduct by six former Election Commission (EC) members during last year’s general election will not be academic, adding the Constitution provides for appropriate action to be taken against them based on recommendations to the Agong.
“These are very serious charges which, if established, will demonstrate personal culpability on the part of the EC members for the way in which GE14 was organised,” Thomas said in a statement.
The tribunal has reserved judgment after hearing the case.
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27 January 2019
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24 January 2019
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KUALA LUMPUR, Jan 24 — Five retired Federal Court judges have been appointed to form a tribunal that will be examining the alleged misconduct of former Election Commission members, with the tribunal to start work next Monday.
KUALA LUMPUR, Jan 24 — Five retired Federal Court judges have been appointed to form a tribunal that will be examining the alleged misconduct of former Election Commission members, with the tribunal to start work next Monday.
Attorney General (AG) Tommy Thomas announced that the Yang di-Pertuan Agong had appointed the five former judges to the tribunal, namely Tan Sri Steve Shim Lip Kiong — who will be chairing the tribunal — Tan Sri Zaleha Zahari, Tan Sri Suriyadi Halim Omar, Tan Sri Jeffrey Tan Kok Wha and Datuk Prasad Sandosham Abraham.
He said the appointments were made pursuant to Articles 114(3), 125(3) and 125(4) of the Federal Constitution.
“The Tribunal will convene in the Klang Court on Monday, January 28, 2019 at 10am, to deliberate on matters pursuant to their mandate by the Yang di-Pertuan Agong, in relation to the following six members of the Election Commission,” he said in a statement today.
Thomas listed the six former EC members as being Tan Sri Othman Mahmood, Datuk Md Yusop Mansor, Datuk Abdul Aziz Khalidin, Datuk Sulaiman Narawi, Datuk Bala Singam Karupiah and Datuk Leo Chong Cheong.
Othman had held the EC deputy chairman post since his appointment on August 16, 2017 until his resignation with the other EC members.
Thomas said all six resignations had taken effect from January 1, with five of them having announced their resignation on October 18, 2018 and another who eventually tendered resignation on November 27, 2018.
“Although the six Election Commission members have resigned from office, the Tribunal has a free hand to decide on all matters pertaining hereto as they deem fit, when making their recommendations to the Yang di-Pertuan Agong,” Thomas said.
Thomas said lawyers who will be assisting the five-man tribunal are M. Puravalen from the Malaysian Bar, Kogilambigai Muthusamy and Ann Khong Hui Li from the Attorney-General’s Chambers, with Ann Khong to also be the tribunal secretary.
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A tribunal has been set up to investigate allegations of misconduct committed by the EC in the run-up to and on the day of the 14th general election.
Attorney-General Tommy Thomas, in a statement, said the tribunal comprised five members who are retired judges of the Federal Court.
They are Steve Shim Lip Kiong, who has been appointed the chairperson, Zaleha Zahari, Suriyadi Halim Omar, Jeffrey Tan Kok Wha and Prasad Sandosham Abraham.
They were appointed by the Yang di-Pertuan Agong pursuant to Articles 114(3), 125(3), and 125(4) of the Federal Constitution, said Thomas.
“The tribunal will convene in Klang on Monday at 10am to deliberate on matters pursuant to their mandate by the Yang di-Pertuan Agong in relation to the following six members of the EC.”
The six are Othman Mahmood, Mohd Yusop Mansor, Abdul Aziz Khalidin, Sulaiman Narawi, K Bala Singam, and Leo Chong Cheong.
https://www.malaysiakini.com/news/461540
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weehingthong 