Sharp criticism on 'no action' against VK Lingam
Yip Ai Tsin & Rahmah GhazaliPublished: Oct 22, 2009 9:31 AM | Updated: Oct 22, 2009 10:37 AM
The decision to drop the most controversial VK Lingam case as revealed early this week by the government has drawn sharp criticisms from the legal fraternity as well as politicians.
The decision to drop the most controversial VK Lingam case as revealed early this week by the government has drawn sharp criticisms from the legal fraternity as well as politicians.
Former Malaysian Bar president Param Cumaraswamy (right) said the cabinet's statement to dismiss the case may be a "shock to many yet it is no surprise".
Last Monday, Parliament was told that the case against prominent lawyer Lingam in connection with the alleged brokering of judges, which was featured in a video clip, has been closed with no further action.
This was despite the findings of a Royal Commission of Inquiry set up to look into the Lingam video case which revealed he brokered the appointments of judges.
Param, however ,expressed his disappointment, saying that the government did not take the royal commission's recommendations seriously.
"The lackadaisical manner in which the Royal Commission's recommendations were undertaken shows that this government condones the impunity of those in high places.
"This is in total disregard to the horrendous damage done to a vital institution that is the judiciary, he said," he told Malaysiakini.
Last Monday, Minister in the Prime Minister's Department Nazri Abd Aziz that the investigation showed no criminal offence had been committed in the appointment of judges.
"After ACA (Anti-Corruption Agency now known as Malaysian Anti-Corruption Commission) officers investigated those involved in the video clip, it was concluded that there is no abuse of power.
"The Attorney-General (AG) has decided that no further action is needed," he said in a written reply to Lim Guan Eng (DAP-Bagan).
Proceed with the internal disciplinary proceedings
Although the AG has declined to pursue the matter, the Bar Council will proceed with the internal disciplinary proceedings, said its secretary George Varughese.
"We intend to proceed with the complaint. We are rather surprised that the AG has dropped the case," he said.
The Bar Council had before this lodged a formal complaint on Sept 26, 2007 with the disciplinary board against Lingam for misconduct and breach of law.
Varughese added that if the Bar Council can get fresh evidence, they would hand it over to the police.
For chairperson of the constitutional bar law committee Edmund Bon (right), the decision was rather "surprising because we have spent so much money and time during the royal commission inquiry".
"The royal commission also came up with recommendations saying that some individual may have committed an offence and requesting the police and AG to take further action.
"...but I am very disappointed the government has closed the file...even the commission had identified the offences and yet no further action," he added.
Kit Siang: Loss of public confidence
Meanwhile, DAP veteran leader Lim Kit Siang described the matter as "shocking and outrageous" as this will lead to loss of public confidence in the key institutions in this country such as the AG's Chambers, MACC, police and the civil service.
"It casts further doubt on the professionalism, integrity and efficiency of these institutions. It raised further questions on their independence in investigations," Lim (right) said.
In Nazri's reply last Monday, he also revealed that four investigation papers were opened in connection with the Lingam video clip.
One remained with the ACA while the other three were sent to the AG's Chambers.
Of the three with the AG's Chambers, two were closed due to insufficient evidence while the remaining one was awaiting further investigation.
Former premier Dr Mahathir Mohamad, who was in power at the time the Lingam video was made, also denied he was ever influenced by other parties when appointing judges, and that he alone made the selections.
The royal commission had recommended that Mahathir and five others, including Lingam, be investigated under various laws for their role in the appointment of judges.
Others on the list were former chief justices Ahmad Fairuz Sheikh Abdul Halim and Eusoff Chin, Umno secretary-general and former minister Tengku Adnan Tengku Mansor and business tycoon Vincent Tan.
Former Malaysian Bar president Param Cumaraswamy (right) said the cabinet's statement to dismiss the case may be a "shock to many yet it is no surprise".Last Monday, Parliament was told that the case against prominent lawyer Lingam in connection with the alleged brokering of judges, which was featured in a video clip, has been closed with no further action.
This was despite the findings of a Royal Commission of Inquiry set up to look into the Lingam video case which revealed he brokered the appointments of judges.
Param, however ,expressed his disappointment, saying that the government did not take the royal commission's recommendations seriously."The lackadaisical manner in which the Royal Commission's recommendations were undertaken shows that this government condones the impunity of those in high places.
"This is in total disregard to the horrendous damage done to a vital institution that is the judiciary, he said," he told Malaysiakini.
Last Monday, Minister in the Prime Minister's Department Nazri Abd Aziz that the investigation showed no criminal offence had been committed in the appointment of judges.
"After ACA (Anti-Corruption Agency now known as Malaysian Anti-Corruption Commission) officers investigated those involved in the video clip, it was concluded that there is no abuse of power.
"The Attorney-General (AG) has decided that no further action is needed," he said in a written reply to Lim Guan Eng (DAP-Bagan).
Proceed with the internal disciplinary proceedings
Although the AG has declined to pursue the matter, the Bar Council will proceed with the internal disciplinary proceedings, said its secretary George Varughese.
"We intend to proceed with the complaint. We are rather surprised that the AG has dropped the case," he said.
The Bar Council had before this lodged a formal complaint on Sept 26, 2007 with the disciplinary board against Lingam for misconduct and breach of law.
Varughese added that if the Bar Council can get fresh evidence, they would hand it over to the police.
For chairperson of the constitutional bar law committee Edmund Bon (right), the decision was rather "surprising because we have spent so much money and time during the royal commission inquiry"."The royal commission also came up with recommendations saying that some individual may have committed an offence and requesting the police and AG to take further action.
"...but I am very disappointed the government has closed the file...even the commission had identified the offences and yet no further action," he added.
Kit Siang: Loss of public confidence
Meanwhile, DAP veteran leader Lim Kit Siang described the matter as "shocking and outrageous" as this will lead to loss of public confidence in the key institutions in this country such as the AG's Chambers, MACC, police and the civil service.
"It casts further doubt on the professionalism, integrity and efficiency of these institutions. It raised further questions on their independence in investigations," Lim (right) said.In Nazri's reply last Monday, he also revealed that four investigation papers were opened in connection with the Lingam video clip.
One remained with the ACA while the other three were sent to the AG's Chambers.
Of the three with the AG's Chambers, two were closed due to insufficient evidence while the remaining one was awaiting further investigation.
Former premier Dr Mahathir Mohamad, who was in power at the time the Lingam video was made, also denied he was ever influenced by other parties when appointing judges, and that he alone made the selections.
The royal commission had recommended that Mahathir and five others, including Lingam, be investigated under various laws for their role in the appointment of judges.
Others on the list were former chief justices Ahmad Fairuz Sheikh Abdul Halim and Eusoff Chin, Umno secretary-general and former minister Tengku Adnan Tengku Mansor and business tycoon Vincent Tan.
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