The Bar remains most disappointed that no further action was or could be taken regarding the VK Lingam Report

Bar Council: ‘No further action’ ruling disappointing

Welcoming yesterday’s Federal Court’s decision dismissing senior lawyer VK Lingam’s judicial review application to challenge the findings of the Royal Commission of Inquiry in the ‘Lingam video tape affair’, the Bar Council however expressed dissapointment that no further action was or could be taken.

Council president Lim Chee Wee (right) said in a statement to Malaysiakini that the decision of the apex court was correct, since findings of an RCI cannot be challenged.

“The Bar remains most disappointed that no further action was or could be taken regarding the VK Lingam Report. The council is pursuing disciplinary action against Lingam, which is ongoing, and we hope to conclude the proceedings soon,” Lim said.

The Bar Council’s disciplinary committee hearing against Lingam on the 2007 video clip saga, which highlights the lawyer allegedly brokering the appointment of judges with former chief justice Ahmad Fairuz Sheikh Abdul Halim, began in December last year.

Yesterday the Federal Court unanimously ruled that a court of law cannot review the findings of the RCI into the infamous Lingam video recording

Newly-appointed Court of Appeal president Md Raus Sharif in his landmark judgment said the court was of the view that it is against public interest to allow the findings of the commission to be challenged in court.

Justice Raus pointed out that a number of commissions had been set up under the Commission of Inquiry Act 1950, with none to their knowledge that were challenged by way of a judicial review.

Should a judicial review be granted on the commission’s findings, he said, it would render the work of such a body a “meaningless exercise, and also a waste of public funds”.

Besides Lingam, two former chief justices, Eusoff Chin and Ahmad Fairuz, also sought a review of the RCI findings.

RCI findings and recommendations

Lim noted that the RCI made the following findings and recommendations:

• The formation of a Judicial Appointments Commission to regulate the appointment and promotion of judges of the higher Judiciary to prevent manipulation and interference by the Executive and other extrinsic forces, including private citizens;

• Judicial and Legal Service Commission to regulate the appointment and promotion of judicial officers;

• The government to re-look the amendment to Article 121(1) of the Federal Constitution and amend it to its original form as the amendment has created the wrong perception that the Executive wishes to silence the Judiciary; and

• The commissioners found sufficient evidence of misbehaviour on the part of certain individuals or personalities identified or mentioned in the video clip.

These personalities include former premier Dr Mahathir Mohamad, Umno secretary-general and former minister Tengku Adnan Tengku Mansor, Eusoff, Ahmad Fairuz, tycoon Vincent Tan of Berjaya Corporation Bhd (below, right)and Lingam.

Lim noted that the five commissioners found there was sufficient cause to invoke the Sedition Act 1948, Legal Profession Act 1976, Official Secrets Act 1972, Prevention of Corruption Act 1961 and the Penal Code against various individuals mentioned in the video clip.

“The commissioners recommended that appropriate action be initiated by the attorney-general and the Bar Council as deemed warranted against the individuals named,” he said.

Unfortunately, investigations by the AG have been closed as there was “no criminal offence committed” in the appointment of judges and that no further action was required.

However, that would not stop the Bar Council in its internal inquiry. Under section 94 of the Legal Profession Act 1976, Lingam if found complicit in the matter could face suspension not exceeding five years for misconduct, a fine, a reprimand or censure, or at worst, be struck off the rolls.

The finding of the disciplinary committee will be further deliberated by the Advocates and Solicitors Disciplinary Board, which will decide on the punishment.

Of all the recommendations of the RCI, the government only formed the Judicial Appointments Commission, a reform brought about by former premier Abdullah Ahmad Badawi in 2009.