• Skip to main content
  • Skip to secondary menu
  • Skip to primary sidebar
  • Skip to footer
  • Home
  • About
  • Contact
  • RSS
  • Archives
  • Subscribe
The Nut Graph

The Nut Graph

Making Sense of Politics & Pop Culture

  • Projects
    • MP Watch
    • Found in Conversation
  • Current Issues
    • 6 Words
    • Commentary
    • Features
    • Found in Quotation
    • News
  • Columns
  • Interviews
    • Exclusives
    • Found in Malaysia
  • Multimedia
    • Audio
    • Pictures
    • Videos
  • Corrections
  • Letters to the Editor
  • Vault
    • Found in Translation

No leave to challenge findings on Lingam clip (Updated)

December 12, 2008

Updated 12 Dec 2008, 4.20pm

KUALA LUMPUR, 12 Dec 2008: The five individuals implicated in the controversial “Lingam video clip” failed in their bid to obtain leave from the High Court here to challenge the Royal Commission of Inquiry’s findings.

Justice Datuk Abdul Kadir Musa accepted the preliminary objection raised by senior federal counsel Azizah Nawawi, for the commission, that the findings were not reviewable because they were not a decision in the context of Order 53 Rule 2(4) of the Rules of the High Court.

The five-member panel of commissioners, in their report, had found the video clip showing senior lawyer Datuk VK Lingam in a telephone conversation with former chief justice Tun Ahmad Fairuz Sheikh Abdul Halim over judicial appointment to be authentic.

The commission also recommended that appropriate course of action be taken against six individuals — Lingam, tycoon Tan Sri Vincent Tan, Umno secretary-general Datuk Seri Tengku Adnan Tengku Mansor, former premier Tun Dr Mahathir Mohamad and two former chief justices Ahmad Fairuz and Tun Mohd Eusoff Chin — for misconduct.

It found that there was sufficient evidence to investigate the six men for offences under the Sedition Act, Official Secrets Act, the Penal Code and the Legal Profession Act 1976.

Except for Mahathir, the other five filed for leave for a judicial review in an attempt to quash the inquiry’s finding.

The commissioners — chairperson Tan Sri Haidar Mohd Noor, former chief judge of Sabah and Sarawak Tan Sri Amar Steve Shim Lip Kiong, retired Court of Appeal judge Datuk Mahadev Shankar, former solicitor-general Puan Sri Zaitun Zawiyah

Puteh and Professor Emeritus Tan Sri Dr Khoo Kay Kim— sat for 17 days to inquire into the 14-minute video clip.

Abdul Kadir also held that although it could not be denied that the five individuals were adversely affected in its natural sense by the commission’s findings, they were nevertheless not so adversely affected within the context of Order 53 Rule 2 (4) of the Rules of High Court.

He disagreed with their proposition that the commission’s findings were reviewable based on the New Zealand common law which construed “findings” as a decision within the ambit of Order 53.

The Malaysian courts should not import common law from other countries where the provisions of Malaysia’s laws were different, he said, adding that if one wanted to import the interpretation of New Zealand’s Judicature Amendment Act 1977 into Malaysian law, there must first be changes made to the Malaysian Acts.

Ahmad Fairuz and Eusoff Chin are appealing against the decision while the other three indicated that they may consider to appeal. — Bernama

Share this:

  • Click to share on Twitter (Opens in new window)
  • Click to share on Facebook (Opens in new window)
  • Click to share on LinkedIn (Opens in new window)
  • Click to share on WhatsApp (Opens in new window)
  • Click to email a link to a friend (Opens in new window)

Related Stories

Filed Under: News Tagged With: clip, inquiry, judiciary, Lingam, Malaysia, royal commission, video

Primary Sidebar

Search

Twitter

My Tweets

Recent Comments

  • Wave33 on The Nut Graph stops publication
  • Adam on The Nut Graph stops publication
  • PSTan on The Nut Graph stops publication
  • PSTan on The Nut Graph stops publication
  • Andre Lai on The Nut Graph stops publication

Recent News

  • The Nut Graph stops publication
  • Nasihat tentang sepupu yang mengganggu perasaan
  • Uncommon Sense with Wong Chin Huat: The Sunni-Shia split and the answer to Muslim unity
  • Why Malaysia needs the national unity bills
  • Challenging government in the digital age: Lessons from Kidex
  • Najib’s failure
  • Babi, anjing, pondan: Jijik orang Islam Malaysia
  • Kidex and the law – What the government’s not telling you
  • Beyond Dyana Sofya
  • Uncommon Sense with Wong Chin Huat: Does Malaysia need hate speech laws?

Tags

Abdullah Ahmad Badawi Anwar Ibrahim Barisan Nasional BN Bukit Selambau by-election dap Deborah Loh Ding Jo-Ann Election Commission elections Found in Malaysia Found in Quotation Gan Pei Ling government high court Hishammuddin Hussein ISA islam Jacqueline Ann Surin Khairy Jamaluddin KW Mak Lim Guan Eng Malaysia MCA Menteri Besar MP Watch Muhyiddin Yassin muslim Najib Razak Pakatan Rakyat Parliament Parti Keadilan Rakyat pas Penang Perak PKR police politics prime minister Selangor Shanon Shah Umno Wong Chin Huat Zedeck Siew

Footer

  • About The Nut Graph
  • Who Are We?
  • Our Contributors
  • Past Contributors
  • Guest Contributors
  • Editorial Policy
  • Comments & Columns
  • Copyright Policy
  • Web Accessibility Policy
  • Privacy Policy
The Nut Graph

© 2023 The Nut Graph