KLANG, Jan 28 — A lawyer who is representing four of the six former Election Commission (EC) members ordered to undergo a tribunal hearing seeking their removal from the EC, today said that he is mulling to mount a civil suit against the Attorney-General (AG) Tommy Thomas and Bersih 2.0, for allegedly causing “blunders”.
Khairul Azam Abdul Aziz claimed that the tribunal was only formed purely based on the electoral watchdog’s complaint letter to the government.
“So we also are in the midst of getting some instructions from our clients, and after this proceeding, we are in the final stage to maybe file several other civil suits hereafter, as a result of the mistakes committed by the AG,” Khairul told reporters when met outside the courtroom.
“Our argument is that this tribunal was formed purely, 100 per cent on Bersih’s complaint.
“They have 13 charges and Bersih has 10 complaints, and almost all the 10 complaints are included in the charge sheet,” he added.
“Even today as you can see, everyone was in a blunder. We also want to question as to how the AG advised the prime minister, and how the prime minister can advise the Yang di-Pertuan Agong on dates where all the EC members had resigned.”
When asked if he would be suing Bersih 2.0, Khairul replied: They should expect that from me.
“If you know me, get ready for it,” he added when asked for a confirmation.
Earlier, the special tribunal descended into confusion after a lawyer appointed by the Attorney-General’s Chambers said it was an academic matter since they have already resigned.
At the start of the first day of the hearing, M. Puravelan informed the five-member panel comprising former Federal Court judges that the matter, regardless of any decision made, would not serve the intended purpose of removing the said EC members.
This caused clear annoyance among the judges, who then started questioning the lawyer who was appointed as an officer to assist the tribunal at the Klang Court here.
Tan Sri Suriyadi Halim Omar, one of the five former Federal Court judges who presided as panellists, said the matter was “gone” since the government has accepted the EC commissioners’ resignations and Puravelan himself said it was academic.
Puravelan however explained to the panel that he was duty bound to inform the tribunal of the legal position of the case at hand.
“As an officer of the court, I am duty bound to inform, that that is the legal position of the Malaysian law and Common law,” he answered.
Putrajaya had announced the setting up of the tribunal on October 17 last year. Five of the EC Commissioners — Tan Sri Othman Mahmood, Datuk Md Yusop Mansor, Datuk Abdul Aziz Khalidin, Datuk Sulaiman Narawi and Datuk Leo Chong Cheong — then resigned the following day.
The last remaining commissioner, Datuk K. Bala Singam, resigned the following month on November 27.
The court was informed that all their resignations took effect on January 1 this year.
Tribunal chairman Tan Sri Steve Shim Lip Kiong then adjourned the proceeding and announced that the judges will deliberate and deliver their verdict soon at a later date, after lawyers acting for the ex-EC officers also agreed with Puravelan’s submission.
Khairul, who is representing four of the six former commissioners alongside senior lawyer Datuk Shaharudin Ali, lamented the whole process in front of the senior judges as an embarrassment, questioning the timeline of the tribunal, despite the resignations.
“So why in November did they make the representation again to the Yang di-Pertuan Agong?
“This to me to me, the Agong has been misrepresented by the AG. Even our prime minister has been given wrong information by the AG to form this tribunal, and the effect is that it caused a blunder to all today.
‘The AG has misled the Agong, has misled the prime minister. This is unacceptable in the rule of law era,” he added.
Previously, in tracing back the setting up of the tribunal, Thomas noted that “serious allegations of misconduct” had been levelled against the EC for its role in the preparation and conduct of the 14th general elections, before and on polling day itself on May 9, 2018.
As a result of the allegations, Thomas said the prime minister had made representations to the Yang di-Pertuan Agong that the six remaining EC members should be investigated and be subject to a possible removal from office by a tribunal of judges if serious misconduct is found, in line with Articles 114(3) and 125(3).
Thomas said lawyers who will be assisting the five-man tribunal are Puravalen from the Malaysian Bar, Kogilambigai Muthusamy and Ann Khong Hui Li from the Attorney-General’s Chambers (AGC), with Ann Khong to also be the tribunal secretary.
