AG: Ending tribunal hearing against ex-EC officers is disappointing

Attorney-General Tommy Thomas has expressed disappointment that the tribunal looking into allegations of misconduct against six former Election Commission members will not proceed following its majority decision today that the matter has been rendered academic.

"I think what is disappointing about the majority recommendation is that they seem to have decided based on time and energy that may be spent.

"Because they said, and if I understand them, the fundamental question is whether it is of public or national interest to spend time and energy investigating these allegations," Thomas told reporters at the end of the tribunal session chaired by retired Federal Court judge Steve Shim Lip Kiong.

"I think any right-thinking Malaysian will ask whether does it matter if we spend two months or whether it is expensive to inquire the truth.

"If the majority took into account convenience, then its very disappointing," Thomas further said, while noting that the two dissenting minority views recognised that the democratic process was at stake over the allegations.

In summarising the panel's recommendations, Shim noted that it would be an "exercise in futility" for the panel to proceed with its hearing, particularly as the government had already achieved the aim to remove the EC officers from their positions.

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.

Commenting further, Thomas said the tribunal panel will submit their five recommendations for the Yang di-Pertuan Agong's consideration.

"I will recommend that it (the recommendations) be released to the public," Thomas said, adding that further decisions will be made after he has read the full recommendations.

Bersih chairperson Thomas Fann similarly said he was disappointed by the tribunal's decision, having lobbied the government to set up the tribunal to investigate alleged misconduct.

"We had been looking forward with the tribunal going on simply because it would vindicate our assertions so far that we did not have free and fair elections despite the result," said Fann.

"Certainly, there is a sense among ourselves and the public that justice wasn't served today, and we have to continue to seek justice in different ways," he added.

The tribunal was set up in response to the election watchdog's report to Prime Minister Dr Mahathir Mohamad.

Overall, thirteen charges were made against the six former commissioners in connection with their role in preparing the controversial redelineation report, and the manner in which the 14th general election on May 9, 2018, was conducted. - Mkini