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Khoo says reason for his recusal was more conjectural than real |
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Friday, 15 February 2008 09:02pm |
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©Bernama
(Used by permission)
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.
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