3-2 decision: Tribunal ends hearing on ex-EC members, calls it futile exercise

The tribunal looking into the alleged misconduct of six former members of the Election Commission (EC) in the 14th general election ended its proceedings abruptly, declaring it "an exercise in futility."

In a three-two decision, the panel members held that the tribunal will not go ahead with its hearing today as the matter has been rendered academic.

Tribunal chairperson retired Federal Court judge Steve Shim Lip Kiong said a final analysis of matters raised before the panel showed no good reason on grounds of public or national interest to proceed with the hearing to seek the removal of the six commissioners who had resigned from their positions.

"In the final analysis, the fundamental question is this: is it in the public and national interest to spend so much time, energy and expense merely to seek the removal of the six officers when they have already removed themselves, whether voluntary or otherwise, from the EC?

"The answer in my view is obvious... it is an exercise in futility," he added.

The panel was initially set up to hear 13 charges of alleged misconduct against the six former EC officers over their role in preparing a controversial redelineation report and the manner in which GE14 was conducted.

The six former EC officers are Othman Mahmood, Mohd Yusop Mansor, Abdul Aziz Khalidin, Sulaiman Narawi, K Bala Singam, and Leo Chong Cheong.

Tribunal members Zaleha Zahari and Suriyadi Halim Omar concurred with Shim's views to make up the majority recommendation.

Two other panel members who dissented, Jeffrey Tan Kok Wha and Prasad Sandosham Abraham, recommended that the panel proceeds with its set mandates.

Tan (photo) said despite the EC members no longer holding office when the tribunal commenced its hearing, the tribunal should still have discretion to proceed on grounds that the case is a matter of national interest.

He also noted that a recommendation by the panel for the EC members to be removed, if accepted, would change their resignation status from voluntary to involuntary and would thus affect their eligibility to draw pensions and other benefits.

Similarly, Abraham argued that the matter is not academic on grounds of possible impact on the six former EC members.

"A removal will lead to a loss of their benefits and the respondents will no longer be known as EC commissioners who took early retirement.

"There lies the issue which is still alive," said Abraham.

On Oct 17 last year, the government had reportedly begun the process of setting up the tribunal.

A day later, five members of the EC announced their resignation from office.

The one remaining member, Bala Singam, tendered his resignation on Nov 27, last year.

Lawyers for the six respondents previously said the hearing should not proceed as the king had approved their applications to shorten their terms.

However, Thomas had said their resignations were done to impede the tribunal's investigations. - Mkini