ELECTION Commission members suspected of misconduct during their tenure are not immune to scrutiny and investigation just because they have resigned, said Attorney-General Tommy Thomas today.

He rejected the notion that the findings of a tribunal would be academic as the six EC members suspected of misconduct had resigned, saying the tribunal was not restricted to merely recommending their removal from office if the EC members were found guilty
 
Thomas said the tribunal could also recommend other appropriate actions. 

“The outcome of the tribunal proceedings can potentially have direct financial implications to the EC members’ entitlements to pension and other benefits, which will accrue to them on resignation, but may not be payable if they are removed,” he said in a statement today.

Earlier this month, the Attorney-General’s Chambers announced that a tribunal consisting of retired Federal Court judges was set up to to look into allegations of misconduct against the EC and its members in their preparation and execution of the 14th general election.

The six former EC members under investigation are Othman Mahmood, Md Yusop Mansor, Abdul Aziz Khalidin, Sulaiman Narawi, Bala Singam Karupiah and Leo Chong Cheong.

On the first day of hearing, however, the tribunal was told by the six EC members’ lawyers that their clients had resigned their posts, therefore the tribunal’s findings would be academic.

The tribunal subsequently reserved the decision on whether it should continue with proceedings

Thomas said his statement today was to clarify the misconception and misinformation surrounding the tribunal proceedings and on the preliminary issue raised by the tribunal.

He said the tribunal was mandated to investigate the actions of the EC members, before and on polling day on May 9, 2018, with regard to the preparation and execution of GE14, to determine whether they amount to misconduct.

The tribunal is to then make its recommendations to the Yang di-Pertuan Agong on the appropriate action to be taken against the EC members, including their removal from office.

“By virtue of these mandates, the tribunal must first carry out an investigation into their conduct as stated in the 13 charges against them to determine the facts as to the issue of misconduct.

“These are very serious charges which, if established, will demonstrate personal culpability on the part of the EC members for the way in which GE14 was organised.

“The relevant period of time that the tribunal is tasked to investigate is before and on polling day. The members were then in office, and it is their conduct then that is being investigated.”

Thomas said the six EC members’ resignations were a deliberate move to frustrate the investigations of the tribunal and to “avoid the ignominy of being removed, with all its attendant consequences”.

“The resignations were tendered immediately after it was reported that the government had begun the process of establishing such a tribunal, and yet were ‘post-dated’ unilaterally by the EC members to take effect on January 1, 2019.”

Five of the EC members resigned on October 18, 2018 and the sixth, on November 27, 2018, but all stated in their notices that their resignations were to take effect January 1, 2019. – January 30, 2019.