Sri Ram: Jasa's accusation may amount to 'threatening' a witness

Former Federal Court judge Gopal Sri Ram said the accusation by Special Affairs Department (Jasa) against former Bank Negara adviser Nor Mohamed Yakcop over his evidence during the Royal Commission of Inquiry (RCI) may constitute an offence of threatening, insulting or injuring a witness.

He was referring to Jasa director-general Mohd Puad Zarkashi's statementaccusing Nor Mohamed of trying to protect then prime minister Dr Mahathir Mohamad over the forex scandal.

Sri Ram cited Section 12(2) of the Commissions of Inquiry Act 1950 which states that "Any person who threatens, insults or injures any person for having given evidence, or on account of the evidence which he has given before the commissioners, shall be guilty of an offence and shall be liable to imprisonment for a term not exceeding two
years".

The former judge, however, said Puad's (photo) comment may not fall within the definition of contempt under Section 14 of the same Act.

“But he may be prosecuted for an offence under Section 12(2) of the Act. Whether he will ever be prosecuted is quite another question,” he told Malaysiakini.

Sri Ram practised law before he was appointed as a Court of Appeal judge in 1994. After his retirement in 2010 as a Federal Court judge, he set up his own law firm.

Meanwhile, lawyer Razlan Hadri Zulkifli said he was uncertain whether Jasa's statement constituted contempt, but called it "premature".

“It was premature for Jasa to come to such a conclusion as there are other witnesses who have yet to give their testimony,” he added.

Razlan said Jasa should allow the RCI commissioners to come up with their own finding and not make comments on the testimony given by certain witnesses.

In his statement, Puad also questioned whether Nor Mohamed was taking up the role of a scapegoat.

"He admitted responsibility for the huge losses, but denied that he was solely responsible for decisions on forex trading by Bank Negara.

"Does it mean other people are involved? Who are they? What is certain was Nor Mohamed avoided implicating the then prime minister (Mahathir) and finance minister (Anwar)," he had said. - Mkini