Tribunal on ex-EC members undecided whether to make decision public

The tribunal looking into the allegations of misconduct committed by six former members of the Election Commission (EC) in the 14th general election remained undecided on whether to announce their decision publicly or to report to the Yang di-Pertuan Agong.

Retired Federal Court judge Steve Shim Lip Kiong who chaired the tribunal raised this question during the third day of the tribunal hearing at the Asian International Arbitration Centre in Kuala Lumpur today.

“How should we deliver this decision? Should it be done through the Yang di-Pertuan Agong or by making an announcement publicly?” he asked.

Attorney-General Tommy Thomas said the tribunal has the power to make the decision, hence there was no need to go back to His Majesty on a matter that is 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,” he said.

Thomas said it was also possible for the tribunal to make the announcement and then make recommendations to the Agong.

Lawyer Shaharuddin Ali, who is representing the four former EC 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 Zaleha Zahari, Suriyadi Halim Omar, Jeffrey Tan Kok Wha and 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 re-delineation report and the manner in which the GE14 on May 9, 2018, was conducted.

In the hearing today, questions also arose on whether a person can be removed from office when they no longer held a position there.

Shaharuddin said the resignation of his clients were not in anticipation on the tribunal set up as it was understood that there was already a discussion within EC on the shortening of their services, prior to their resignation.

Meanwhile, Thomas also said former EC chairperson 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 while other members of the EC resigned only after the king gave the nod to establish the tribunal last December.

The six were appointed by the Agong in accordance with Articles 114(3), 125(3) and 125(4) of the Federal Constitution.

The six former EC members are Othman Mahmood, Md Yusop Mansor, Abdul Aziz Khalidin, Sulaiman Narawi, K Bala Singam and Leo Chong Cheong.

Lawyers Shaharudin and Mohd Khairul Azam Abdul Aziz represented Othman, Yusop, Aziz and Sulaiman, counsel K Kumaraendran and K Kumaraguru appeared for Bala Singam, while R Kengadharan appeared for Leo.

On Oct 17, 2018, the government had reportedly begun the process of setting up the tribunal. A day later, five members of the EC announced their resignation from office.

The one remaining member, Bala Singam, tendered his resignation on Nov 27, 2018.

- Bernama