November 09, 2009 19:29 PM

No Specific Law To Convict V.K. Lingam

KUALA LUMPUR, Nov 9 (Bernama) -- No action was taken against controversial lawyer V. K. Lingam as he had not breached any specific law in lobbying the appointment of judges as shown in the Lingam video clip, Minister in the Prime Minister's Department Datuk Seri Mohamed Nazri Abdul Aziz said.

He said the government had looked into the matter from various aspects, including under the Sedition Act 1948, but found that there was no specific law under which he could be convicted for abuse of power on the issue of appointment of judges in the country.

"We don't deny that the man (in the video clip) is Lingam... but he could be just showing off," he said when winding up the debate for the Supplementary Supply Bill 2010 in the Dewan Rakyat on Monday.

The remark created chaotic moments in the house as opposition members continuously interjected for clarifications.

Among them were Karpal Singh (DAP-Bukit Gelugor), Lim Kit Siang (DAP-Ipoh Timur) and Khalid Samad (PAS-Shah Alam) who questioned why there was no action taken against the lawyer despite the Royal Commission, which investigated the case, recommending otherwise.

The commission, among others, recommended that several figures including former Prime Minister Tun Dr Mahathir Mohamad, two former chiefs justice Tun Ahmad Fairuz Sheikh Abdul Halim and Tun Eusoff Chin, former Tourism Minister Datuk Seri Tengku Adnan Tengku Mansor who was also the Umno secretary-general, and corporate figure Tan Sri Vincent Tan be investigated for their roles in the appointment of judges.

The commission also recommended that they be investigated under the Sedition Act, Official Secrets Act, Penal Code and for obstructing justice.

Replying to Datuk Ibrahim Ali (Independent-Pasir Mas) on Dr Mahathir's recent statement expressing regret over the government's move to close the case, Mohamed Nazri said the decision was not made based on personal interests.

"If the former prime minister feels that he is being victimised, I believe there are other avenues for him to seek redress," he said.

Mohammed Nazri said one could not be convicted of any offence if the person was only giving advice of views to the prime minister on the appointment of judges unless there was a conspiracy to subvert the judiciary or to curry favour.

"In this respect, it is not a strange thing to consider the opinion of individuals or organisations in the appointment of judges because in reality, the prime minister alone cannot make the decision as he wouldn't know the candidates personally.

"Consultation, which do not involve corruption or elements which I mentioned just now, is not a crime," he said.

Mohamed Nazri said the Malaysian Anti-Corruption Commission (MACC) had investigated individuals implicated in the case and found that there were no criminal offences committed in the issue of abuse of power in the appointment of judges.

Meanwhile, on another issue, Mohammed Nazri said the government would continue to review, amend or repeal outdated law.

"This is an ongoing effort of the Attorney-General's Chambers to enhance the effectiveness of the country's law and to keep the legal sector abreast with changes," he said.

He said that a ministerial memorandum was being prepared on the proposal to set up a committee on the modernisation of Malaysia's law.

It would be chaired by Deputy Minister in the Prime Minister's Department Datuk Liew Vui Keong, with memberships coming from the AG Chambers' Law Revision and Law Reform Division.

On the proposal for an anti-discrimination act, Mohamed Nazri said, the government felt that there was no need for such law at the moment.

He also said that there was no necessity to amend the Federal Constitution to clarify the term "native" for Sabah and Sarawak as it had already been clearly defined in the constitution.

On the Auditor-General's Report 2008 which highlight numerous weaknesses and mismanagements, Mohamed Nazri said so far the MACC had opened 41 investigation papers on the matter.

-- BERNAMA

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