Ragunath Kesavan President Malaysian Bar 25 August 2010
The Malaysian Bar is disappointed that the Court of Appeal, by a majority, has decided to grant the appeal by V K Lingam, Tun Ahmad Fairuz and Tun Eusoff Chin for leave to quash the Report by the Royal
Commission of Enquiry on the “video clip incident” in whole or in parts.
A Royal Commission of Enquiry’s mandate entails the production of reports based on findings and recommendations. Hence, in essence, it cannot be a subject of legal challenge since the Royal Commission is not mandated to make decisions that can fall under the scope of judicial review. The Court inevitably refused or failed to consider the substantive arguments at the leave stage that the appellants surely had no arguable case.
The Bar urges the Honourable Attorney General to file an application for leave to appeal this decision at the
Federal Court on this important question of law, which will have an impact on the success, effectiveness and credibility of future Royal Commissions. We look forward to the Federal Court to make the right decision.
At the same time, the Bar is shocked at the reprehensible threats made against certain individuals who were involved in exposing the “video clip incident” and were witnesses at the Royal Commission of Enquiry. We trust that the Royal Police Force will investigate these threats and provide adequate protection to these individuals immediately.
Meanwhile, the Bar continues with its disciplinary proceedings against V K Lingam.
