Bar Council: 'No further action' ruling disappointing

Welcoming yesterday's Federal Court's preference dismissing senior counsel VK Lingam's legal examination application to challenge the commentary of the Royal Commission of Inquiry in the 'Lingam video fasten affair', the Bar Council however voiced dissapointment which no serve movement was or could be taken.

NONECouncil president Lim Chee Wee (right) pronounced in the matter to Malaysiakini which the preference of the apex justice was correct, given commentary of an RCI cannot be challenged.

"The Bar stays many disappointed which no serve movement was or could be taken regarding the VK Lingam Report. The council is posterior disciplinary movement opposite Lingam, which is ongoing, as well as we goal to interpretation the record soon," Lim said.

The Bar Council's disciplinary committeehearing opposite Lingam on the 2007 video shave saga, which highlights the counsel allegedly brokering the appointment of judges with former arch probity Ahmad Fairuz Sheikh Abdul Halim, began in Dec last year.

Yesterday the Federal Court unanimously ruled which the justice of law cannot examination the commentary of the RCI in to the barbarous Lingam video recording

vk lingam fasten 3rd partial 280108Newly-appointed Court of Appeal president Md Raus Sharif in his turning point visualisation pronounced the justice was of the perspective which it is opposite open interest to concede the commentary of the elect to be challenged in court.

Justice Raus pointed out which the series of commis! sions ha d been set up under the Commission of Inquiry Act 1950, with none! to thei r knowledge which were challenged by way of the legal review.

Should the legal examination be granted on the commission's findings, he said, it would render the work of such the physique the "meaningless exercise, as well as additionally the rubbish of open funds".

Besides Lingam, two former arch justices, Eusoff Chin as well as Ahmad Fairuz, additionally sought the examination of the RCI findings.

RCI commentary as well as recommendations

Lim remarkable which the RCI made the following commentary as well as recommendations:

  • The formation of the Judicial Appointments Commission to regulate the appointment as well as graduation of judges of the aloft Judiciary to prevent manipulation as well as division by the Executive as well as alternative extrinsic forces, including in isolation citizens;
  • Judicial as well as Legal Service Commission to regulate the appointment as well as graduation of legal officers;
  • The supervision to re-look the legislative addition to Article 121(1) of the Federal Constitution as well as amend it to the strange form as the legislative addition has created the wrong notice which the Executive wishes to overpower the Judiciary; and
  • The commissioners found enough evidence of misbehaviour on the partial of sure people or personalities identified or referred to in the video clip.
azlanThese personalities include former premier Dr Mahathir Mohamad, Umno secretary-general as well as former apportion Tengku Adnan Tengku Mansor, Eusoff, Ahmad Fairuz, tycoon Vincent Tan of Berjaya Corporation Bhd (below, right)and Lingam.

Lim remarkable which the five commissioners found there was enough cause to plead the Sedition Act 1948, Legal Profession Act 1976, Offi! cial Sec rets Act 1972, Prevention of Corruption Act 1961 as well as the Penal Code opposite various people referred to in the video clip.

"The commissioners recommended which suitable movement be initiated by the attorney! -general as well as the Bar Council as deemed warranted opposite the people named," he said.

Unfortunately, investigations by the AG have been closed as there was "no rapist corruption committed" in the appointment of judges as well as which no serve movement was required.

lingam fasten conference 300108 vincent tan 02However, which would not stop the Bar Council in the internal inquiry. Under section 94 of the Legal Profession Act 1976, Lingam if found complicit in the matter could face suspension not exceeding five years for misconduct, the fine, the reprimand or censure, or during worst, be struck off the rolls.

The anticipating of the disciplinary cabinet will be serve deliberated by the Advocates as well as Solicitors Disciplinary Board, which will confirm on the punishment.

Of all the recommendations of the RCI, the supervision only formed the Judicial Appointments Commission, the remodel brought about by former premier Abdullah Ahmad Badawi in 2009.

Courtesy of Bonology.com Politically Incorrect Buzz & Buzz

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