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'Tengku Adnan's reputation affected' |
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Friday, 05 September 2008 08:07am |
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©New Straits Times
(Used by permission)
KUALA LUMPUR: The findings of the Royal Commission of Inquiry on the V.K. Lingam
video clip had adversely affected Umno secretary-general Datuk Seri Tengku Adnan
Tengku Mansor and damaged his reputation, the High Court here was told
yesterday.
Tengku Adnan's counsel Datuk Bastian Pius Vendargon said due
to the commission's findings, Tengku Adnan was also exposed to the possibility
of criminal proceedings.
Vendargon submitted that under the circumstances, Tengku Adnan had a right to
apply for leave for a judicial review of the commission's findings as Order 53
Rule 2(4) of the High Court Rules 1980 stated that applicants must show they had
been adversely affected by the decision of any public authority to have a review
of the decision heard.
"In this case, the findings of the report had damaged the applicant's reputation
(Tengku Adnan). Hence, he (Tengku Adnan) shall be entitled to make the
application (leave for judicial review)," he said.
Vendargon said since Tengku Adnan had no right to appeal against the
Commission's findings, the right alternative for Tengku Adnan was to apply for a
judicial review.
Vendargon was replying to preliminary objections raised by
Senior Federal Counsel Azizah Nawawi on July 16 to strike out the application by
five individuals for leave to seek a judicial review.
The applicants are lawyer Datuk V.K. Lingam, Tan Sri Vincent Tan, Tengku Adnan
and two former chief justices, Tun Ahmad Fairuz Sheikh Abdul Halim and Tun Mohd
Eusoff Chin. They want certain parts of the commission's report which implicated
them deleted.
Earlier, Justice Datuk Abdul Kadir Musa allowed Vendargon's application to
delete the names of the five commissioners as stated in the judicial review
application and substituted it with the same application by Lingam and Vincent.
Justice Abdul Kadir ordered that the decision also applied to Ahmad Fairuz's and
Mohd Eusoff's applications.
The commissioners in the inquiry were Tan Sri Haidar Mohd Noor, former chief
judge of Sabah and Sarawak Tan Sri Amar Steve Shim Lip Kiong, retired court of
appeal judge Datuk Mahadev Shankar, former solicitor-general Puan Sri Zaitun
Zawiyah Puteh and Professor Emeritus Tan Sri Dr Khoo Kay Kim.
The panel sat for 17 days to inquire into a 14-minute video clip, which was
released by Parti Keadilan Rakyat adviser Datuk Seri Anwar Ibrahim. It
purportedly shows Lingam brokering appointments of judges on the telephone with
former chief justice Tun Ahmad Fairuz Sheikh Abdul Halim.
Vendargon will continue his submission on Sept 9. -- Bernama
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