Tuesday, June 24, 2008

VK, VT etc seek judicial review-but the Commissions of Enquiry Act has no proivision for review

Vincent (The Cheetah) Tan ,his lawyer VK Lingam and their friend Tengku Adnan are seeking a "judicial review" of the findings of the Royal Commission into the VK Lingam tapes.(
http://thestar.com.my/news/story.asp?file=/2008/6/25/courts/21647927&sec=courts)

It appears however that THE CHEETAH (www.forbes.com/global/2008/0602/030.html) has run a bit too fast (again),not appreciating that slow moving elephants can trample on tired cheetahs with little effort(for a human analogy think of an over-geared,under-funded business, bereft of patronage, facing its bankers).

The first problem The Cheetah is likely to face arises from the lack of provisions for appeal in the Commissions of Enquiry Act 1950, pursuant to which the Royal Commission was issued.Hence there is a question here as to what basis the three can rely upon to launch their appeal.
For links to the Commissions of Enquiry Act 1950, pursuant to which the VK Lingam RC was called; see http://www.agc.gov.my/agc/oth/Akta/Vol.%203/Act%20119.pdf. For an easy to read primer on Royal Commissions in Malaysia see Malik Imtiaz Sarwar at http://malikimtiaz.blogspot.com/2007/09/why-royal-commission.html

The second problem, which is probably the basis for the reasons underlying the first,lies in the nature of the Royal Commission. A Royal Commission as its name implies, is issued by the sovereign, in the case of Malaysia, the DYMM SPB Agong, the King. Not wanting to labour the point, but having to do so in face of the continuously incredulous legal gymnastics performed by VK Lingam ( LLB, Buckingham) , it should be obvious that a judicial review of the findings of a Royal Commission is a review of a finding and recommendation of the Sovereign,who usually enjoys immunity from not the Executive, or the Judiciary.This writer doubts that the so-called tsunami of democracy that recently swept the country has resulted in the Agong being made subject of ordinary review.