LAWYER Mohamed Haniff Khatri Abdulla has called on Attorney-General Tommy Thomas to take responsibility for the handling of an Election Commission tribunal where a five-judge panel has reserved its decision on whether to continue with proceedings after being told that its findings may be academic.

Six former EC members were to be investigated for alleged electoral misconduct in a tribunal to remove them, but proceedings were stalled on Monday after lawyers said the men had resigned effective January 1.

Haniff urged Thomas to apologise to Prime Minister Dr Mahathir Mohamad and the government for his “constitutional and judicial mistakes”, adding that lawyer M. Puravelan, appointed by the attorney-general, told the panel on the first day of proceedings that the matter has been rendered academic.

“How is it that a lawyer, appointed by Thomas, has conflicting views with the attorney-general on the relevance of the tribunal? Such disgraceful conflicts, which involve the constitution, should have never been allowed to occur.”

He said Thomas should have counselled the prime minister to advise the king to reject the commissioners’ resignation letters at least until a tribunal was set up and a decision made on their alleged misconduct.

Thomas’ remarks yesterday could also amount to judicial interference and an insult to the tribunal, he said.

“Unfortunately, this episode has triggered another constitutional crisis, which must be avoided by all parties in this ‘New Malaysia’ era. What is even more shocking is that the crisis was caused by the office of the attorney-general, who is mainly tasked with advising the government on law.”

Yesterday, Thomas said EC members suspected of misconduct during their tenure are not immune to scrutiny and investigation just because they have resigned.

“The outcome of the tribunal proceedings can potentially have direct financial implications (with regard) 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.”

Earlier this month, the Attorney-General’s Chambers announced that a tribunal comprising retired Federal Court judges had been 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.

Five of them resigned on October 18 last year, and the sixth on November 27. All six, in their notices, said the resignations would take effect on January 1 this year.

Free Malaysia Today, citing a source, said Thomas has removed Puravelan as conducting officer in the tribunal.

“It is unclear when the letter was sent to Puravelan after the tribunal sat on Monday,” the source was quoted as saying. – January 31, 2019.