Court: Lingam-gate findings can be challenged

Two former Chief Justices Eusoff Chin and Ahmad Fairuz Sheikh Abdul Halim along with lawyer VK Lingam have obtain leave (permission) from the appellate court to challenge the findings of the royal commission on the 'Lingam-gate' incident.

The matter will now revert to the Kuala Lumpur High Court's (Appellate and Special Powers division) to be heard on its merits.

Justice Tengku Baharudin Shah Tengku Mahmud, who led a three-member panel at the Court of Appeals, announced the 2 to 1 decision this morning.

The other judges were Justices Mohd Hishamudin Mohd Yunus and Zaharah Ibrahim.

Justice Hishamudin, who known to be fairly independent in his views, disagreed with the ruling.

Tengku Baharudin in his decision said there was majority agreement with Lingam's submission on a need for wider interpretation of Section 53 out the High Court rules.

Outlining his broad reasons, he said the High Court had used the wrong test in interpreting the prima facie threshold to be passed.

Yesterday, Lingam (right) had argued that a lower threshold than prima faciewould have to be met for leave to be granted.

The court also awarded the appellants RM30,000 in costs.

Lingam told reporters later that he is happy as this was a 2-1 decision and that the matter is to be heard on its merits.

Senior Federal Counsel Azizah Nawawi, said she will seek instructions from Attorney-General (AG) Abdul Gani Patail.

Lingam had used a New Zealand case law, which stipulates that the finding of a commission can be challenged via a judicial review.

Ruling 'unprecedented'

Commenting on the decision, senior lawyer Karpal Singh said the High Court was right in its decision not to allow the trio leave to challenge the inquiry findings.

He said that never before in Malaysia's history has a challenge been mounted on the findings of an inquiry.

"The Court of Appeal was wrong in its decision today to allow the appeal. What the authorities should do is to act on the recommendations and findings, and take action against the individuals involved," he said.

Karpal noted that the authorities have not taken the cue from the commission's recommendations.

The senior lawyer had previously offered to prosecute Lingam under the Legal Profession Act, but the AG did not take him up on this.

Karpal pointed out that, in the Anwar Ibrahim black-eye incident, the authorities had acted on a recommendation by prosecuting former inspector-general of police Abdul Rahim Noor.

"This is what should have been done (in Lingam's case)," he added.

'Right to clear name'

On May 2008, the inquiry findings had recommended investigation by the authorities on six individuals including the trio.

The others were tycoon Vincent Tan, Umno secretrary-general and then minister in the Prime Minister's Department Tengku Adnan Tengku Mansor and former premier Dr Mahathir Mohamad.

Mahathir did not seek a judicial review of the findings in the report.

On Dec 12, 2008, the Kuala Lumpur High Court hadrejected the applications of Lingam, Eusoff, Ahmad Fairuz, Tan and Tengku Adnan to challenge the commission's findings.

Tan and Tengku Adnan withdrew their application before the appeals were jointly heard yesterday.

Lingam, who represented himself yesterday, hadsubmitted that he has a right to clear his name.

Counsel Mahinder Singh Dulku for Ahmad Fairuz submitted that his client had been prejudiced at the start of the commission.

Watch this video:

courtesy of Malaysiakini