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Bar: Ruling applies to other commissions PDF Print E-mail
Wednesday, 14 September 2011 09:21am
Image©The Star (Used by permission)

PUTRAJAYA: The principle that the findings of a Commission of Inquiry are not reviewable will apply to findings and recommendations by other Commissions of Inquiry, said the Malaysian Bar.

Its vice-president Christopher Leong said this was because they were not legally-binding decisions.

He said that despite the findings and recommendations by the Commis­sion which was set up to investigate the authenticity of Da­tuk V.K. Lingam’s video clip, the senior lawyer and two former chief justices were still “free to go about their ordinary business”.

“This principle will of course apply to findings and recommendations by the Commission generally,” he said here yesterday.

Lingam said the landmark ruling by the Federal Court yes-terday that the findings of the Commission was not a decision and as such not legally binding could serve as a “good guide”.

Lawyer B. Lobo, who acted for former Chief Justice Tun Mohd Eusoff Chin, said he believed that those involved had been “affected” by the Commission’s findings and were now left with no avenue to clear their image.

Lawyer Gobind Singh Deo said the decision had an impact on the application by Teoh Beng Hock’s family asking for leave for a judicial review.

“I need to advise the family accordingly and take instructions whether to proceed with the application or not.

“The Federal Court’s decision that the findings of a Commission is not subject to a judicial review is very clear.

“It does not bind anybody,” Gobind added.
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