VK Lingam to file review over apex court's forgery finding

Senior lawyer VK Lingam said he was shocked and astonished with the Federal Court's finding today that his medical certificate was forged.

In a statement to Malaysiakini, Lingam said he planned to file a judicial review to challenge the ruling. He claimed that he was not given the opportunity to defend himself.

He added that forgery is a criminal offence, and therefore the burden of proof must be beyond reasonable doubt, the same standard which he said must be applied in his case.

Earlier today, a five-member bench led by Federal Court judge Justice Suriyadi Halim Omar (photo) concluded that a medical certificate issued by a US hospital, advising that Lingam was not medically fit to return to Malaysia to face contempt of court charges, was forged.

The bench also decided the contempt proceedings, brought against Lingam for accusing a judge of plagiarising his judgment, will go ahead with or without his attendance on Nov 8.

Below is Lingam's complete statement with regard to the matter:

I am deeply shocked and astonished by the decision of the Federal Court of Malaysia made on Sept 26, 2017 that my medical report dated May 10, 2017 issued by my doctor in the US was forged.

The offence of forgery is a criminal offence under the Malaysian Penal Code and the burden of proof is proof beyond reasonable doubt. This burden of proof was not applied nor satisfied in this case.

This decision by the apex court was made in my absence and without according me any opportunity whatsoever to defend myself.

Moreover, the doctor who examined and who is treating me and who issued the medical report dated May 10, 2017 was never contacted or called upon to verify the said medical report.

The due process of law was not followed by the apex court.

Therefore the decision of the federal court is in fundamental breach of the basic and elementary rules of natural justice and the decision is fundamentally flawed and unsustainable in law.

I vehemently deny that the medical report dated May 10, 2017 is forged.

This is an unfounded and baseless decision and is an affront to justice.

Hence I will be filing an application to review and set aside the decision of the Federal Court.

As the matter is sub judice, I will for the time being refrain from commenting further on this case. -Mkini