KUALA LUMPUR, Feb 15 (Bernama) -- Commissioner Professor Emeritus Datuk Dr Khoo
Kay Khim said the reason given to disqualify himself from sitting in the Royal
Commission of Inquiry was more conjectural than real.
He rejected lawyer Datuk V. K. Lingam's application to have him recused from
hearing the proceeding for the reason that he and lawyer Datuk Muhammad Shafee
Abdullah were members of the Human Rights Commission of Malaysia(SUHAKAM).
Lingam questioned Dr Khoo's impartiality as the commission had allowed Muhammad
Shafee to testify in the inquiry.
Dr Khoo said it was highly presumptuous to suggest that because Muhammad Shafee
and he were members of SUHAKAM, he (Khoo) must unavoidably support the other's
views.
He said SUHAKAM was not formed by persons with shared ideals but was a body made
up of people from various walks of life denoting that a plurality of views and
opinions were deliberately encouraged.
Dr Khoo said Lingam's claim that he (Khoo) and Muhammad Shafee frequently met
was equally untrue.
"No doubt there is a montly meeting of the commission (SUHAKAM) but neither of
us has an office in SUHAKAM," he said, adding that Muhammad Shafee was a member
of the committee for law reform in SUHAKAM while he belonged to the committee on
education.
"As for our work vis-a-vis the SUHAKAM Journal, the editorial board comprising
three members, does not meet. Work is undertaken through an efficient
secretariat.
"I belong to the boring corridors of an academic institution and he functions in
the vibrant atmosphere of the "mahkamah".
"It may not be east is east and west is west; certainly, seldom do the twain
meet. I can assure you that I am capable of being very impartial as I have been
towards my students over the past several decades," added Dr Khoo.
In his application, Lingam claimed that since Dr Khoo and Muhammad Shafee were
also members of the editorial board of SUHAKAM bulletin, the duo must be closely
associated and that their interaction must be frequent.
Lingam said there was clear bias or real danger of bias and Dr Khoo should
seriously consider in the paramount interest of justice and fair play to
disqualify himself from hearing the proceedings.
Lingam claimed that it was impossible for Dr Khoo to make an adverse finding
against Muhammad Shafee if evidence relating to a police report allegedly made
against him (Muhammad Shafee) by former high court judge Datuk K. L. Rekhraj for
attempted corrupt or fixing of cases was adduced in the inquiry.
Lingam said in that situation, the credibility of Muhammad Shafee as a witness
and as a human rights commissioner would be at stake.
2012 Bar Council Subscription Click the link above to download Circular 072/2012 pertaining to the 2012 Bar Council subscription, including the payment guide and a set of Frequently-Asked-Questions.
2012 Hotel Corporate Rates Attending seminars? Going for a holiday? Click on the link above to check out the list of hotel corporate rates for Members of the Bar, which is updated regularly.
Bar Council Bookshop Read MORE … but pay LE$$! Members enjoy a 20% discount on LexisNexis publications at the Bar Council Bookshop. Click on the link above for the list of available titles.
International Malaysia Law Conference (26 to 28 Sept 2012) Hurry up! The countdown continues and the current promotion rate ends 30 June 2012. Don't miss what is going to be the best conference in the region! On top of that, if you sign up with 5 or more people from the same organisation, we will give you a 10% group discount. Click on the link above to register.
Seminar on an Introduction to the Industrial Relations Act (23 May 2012) Organised by the Kuala Lumpur Bar Professional Development Committee, this seminar will take place at 3:00 pm, at the Kuala Lumpur Bar Auditorium, on 23 May 2012 (Wednesday). The seminar will be conducted by Wong Keat Ching. Click on the link above for more details.
Seminar on Tax Issues in Financial Transactions (25 May 2012) Organised by the Kuala Lumpur Bar Professional Development Committee, this seminar, featuring S Saravana Kumar, will take place at 3:00 pm, at the Kuala Lumpur Bar Auditorium, on 25 May 2012 (Friday). Click on the link above for more details.
Conference on Competition Law (31 May 2012) Organised by Bar Council with the support of LexisNexis, this conference will take place at 8:30 am to 4:00 pm, at Renaissance Kuala Lumpur Hotel, on 31 May 2012 (Thursday). For more details or to register, please contact Vilashini Vijayan (03-2050 2095; vila@malaysianbar.org.my). Click on the link above for more details.
Talk on What Clients Want (7 June 2012) Organised by the KL Bar Practitioners' Affairs Committee, the talk, presented by Ong Eu Jin, will take place at 5:00 pm, at the KL Bar Auditorium, on 7 June 2012 (Thursday). Click on the link above for more details.
4th LAWASIA Family Law Conference, Penang (13 and 14 July 2012) Supported by Penang Bar Committee and the Malaysian Bar, this conference, themed “The New Global Family: Emerging Trends and Challenges to Family Practice”, will take place at Traders Hotel, Penang, on 13 and 14 July 2012 (Friday and Saturday). Click on the link above for more details.
News 
Subscribe to this comment's feed
Circular No 106/2012: Accountant’s Report 2011
