A+ | A- | Reset
Home arrow News & Commentaries arrow Anwar's lawyers fail in bid to discharge Commissioners

Anwar's lawyers fail in bid to discharge Commissioners PDF Print
Posted by admin   
Tuesday, 15 January 2008 08:39

(Channel NewsAsia) - KUALA LUMPUR : A royal commission probe in Malaysia into alleged judicial corruption on Monday saw panel members rejecting calls to recuse themselves on grounds of possible conflict of interest.

Commission chairman Haidar Mohd Noor said he did not see any grounds to do so, while two other members said they would do so if they find themselves unable to carry out their work. {mosgoogle right}

A video clip released publicly by disgraced former Malaysian deputy prime minister Anwar Ibrahim will be the focus of a Royal Commission of Inquiry in the coming fortnight.

The controversial "Lingam" video clip shows a senior lawyer allegedly brokering judicial appointments with a top judge over the phone.

The panel has been tasked to determine its authenticity, who is in it and whether the featured conversation is true.

But before the hearing could start proper, lawyers acting for Mr Anwar as well as civil society groups submitted that three of the five panel members should recuse themselves out of possible conflict of interest.

Mr Anwar's lawyer, M. Puravelan, submitted that the three - Commission chairman Haidar Mohamed Nor, Steve Shim and Zaitun Zawiyah Puteh - either had links with witnesses or were implicated in the case.

Mr Haidar was once a trustee of the Perdana Leadership Foundation set up by former prime minister Dr Mahathir Mohamad, who is a potential witness.

Commission member Mr Shim is mentioned in the video, while Madam Zaitun once prosecuted a vote-rigging case which caused another potential commission witness to lose his parliamentary seat.

Wee Choo Keong, Former Opposition MP for Bukit Bintang, said: "Zaitun should not be a member of the Royal Commission because she was a DPP in my case."

Lawyer for the Bar Council, Robert Lazar, made lengthy submissions emphasising the Commission must not only be independent but must also be seen to be independent - visibly annoying at least one panel member.

At one point, Commission member and also former Court of Appeal judge Mahadev Shankar actually asked counsel for the Malaysian Bar Council to measure how far he wanted to go and that he, Mahadev, could clear the court for counsel to say what he wanted to say.

Mr Anwar's application for permission to watch the proceedings was also turned down as witnesses are not allowed be present unless called to testify.

"I'm an interested party. I released the video and my name was mentioned and I have been consistently mentioning about the corruption in the judiciary," he said.

Besides determining the video's authenticity, the commission has till March 11 to decide if there was any misconduct and the action to be taken against the wrongdoers. - CNA/de

Comments (11)Add Comment
..., Lowly rated comment [Show]
...
written by Experienced, January 15, 2008 09:15:28
It is similar to the Salleh Abas case where Hamid Omar did not recuse himself. The excuse: The King appointed him. Steve Shim is quite reasonable in that he considers the application to be valid. Zaiton wants to wait until half-way. Is it possible to replace her then?
The next question is whether the application should have been made before the proceedings actually started, so that the Royal Commission could have been properly constituted.
report abuse
disagree 0
agree 2
...
written by surgeffect, January 15, 2008 09:31:19
Of course the commission is going to have interest and be biased. This still is a govt under the BN rule. Everything must be done in their perspective and in their favour no matter how much they try to show that they are democratic and transparent.
report abuse
disagree 0
agree 1
...
written by campuras, January 15, 2008 09:54:33
Let the Royal commission go ahead. If there is a conflict, it will be obvious. The Commissioner's position will be untenable. Let them embrass themselves, or as the saying goes give them enough rope and they will hang themselves. The question is how open will it be? Will the press report it as it is but be another poodle poo?


report abuse
disagree 1
agree 2
...
written by malaysianohope, January 15, 2008 10:15:12
I disagree with Nightcaller's claim as it is validly pointed out that the three were involved one way or another. Anwar is just trying to make sure the hearing is not tainted by possibility of bias or vested interested in such an important case, which should not only be but also appears in the mind of fair minded Malaysian to be impartial in seeking the truth.
report abuse
disagree 0
agree 2
...
written by Baronshah, January 15, 2008 10:59:35
What..!!

Dont tell me that the gomen didn't know all these facts upfront before recommending these people to sit in the Royal Commission?

What a farce and mockery..
report abuse
disagree 0
agree 2
...
written by Beezee_Beezee, January 15, 2008 11:29:04
These are teh tyical human nature. especially the Goormen especially UMNOputras. They always get caught in their own action. Buat keputusan seperti Batuk diTangga..Tu lah sebabnya dah terhantuk baru ternada
report abuse
disagree 0
agree 0
...
written by temenggong, January 15, 2008 12:09:43
Right in the beginning when Haidar, Shim and Zaitun failed to decline the appointment due to conflict of interests, the commission lost its independence.

Now it is Shankar Madadev and Khoo that must resign to protest the illegitimacy of the commission.
report abuse
disagree 0
agree 1
...
written by joeawk, January 15, 2008 15:02:13
Shameless crook sees no wrong in their own copnduct. What a disgrace? More disgraceful would be those who appointed the commission.

By the above alone, ity shopuld be sufficient for right minded people to not vote the BN. Send the BN to the scrapheap.
report abuse
disagree 0
agree 1
...
written by bayan, January 15, 2008 16:07:40
What to say , Malaysia boleh in the bolehland. Lets see how it goes, then another protest big rally this time.
report abuse
disagree 0
agree 0
...
written by Experienced, January 18, 2008 19:46:57
smilies/cool.gifNow we see Eusof Chin trying to teach the RC 'irrelevant'. The famous word introduced into the judiciary by not at all august Augutin Paul. When it is relevant to the defence and weakens the prosecution then it is irrelevant. What a shameless 'human being'! The cheapest people I have ever seen. They say 'don't politicise' when others speak, but they sell the whole concept and system and that isn't politicising.
report abuse
disagree 0
agree 0

Write comment
This content has been locked. You can no longer post any comment.
You must be logged in to a comment. Please register if you do not have an account yet.

busy
 
< Prev   Next >
 
Some Images Hosted With
Thank You ImageShack!
 BLOGGERS AGAINST ISA

Powered and Optimized for:
Malaysia Today by MT-TEAM