ATTORNEY-GENERAL Tommy Thomas will be making an oral submission on whether a tribunal to probe into alleged misconduct by former Election Commission (EC) members during the 14th general election is academic or not.

A notice from the secretary of the tribunal, sighted by The Malaysian Insight, revealed that the date for the next proceeding has been fixed for February 28.

The secretary’s notice is to request parties involved in the proceedings to attend.

This was confirmed by a spokesman from the Attorney-General’s Chambers.

“Following proceedings of the tribunal held on January 28, 2019, the tribunal has agreed to convene on February 28 to hear oral submissions from the honourable attorney-general at his request.

“All counsel on record for the Election Commission members are likewise invited to submit on the preliminary issue of whether this tribunal proceeding is academic. Counsel wishing to tender written submissions in advance to the tribunal may address it to the secretary of the tribunal,” the letter said.

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 the six members resigned on October 18, 2018, a day after it was announced that a tribunal was being set up by the government.

The sixth member followed suit on November 27, 2018. All six resignations came into effect on January 1.

In an interview with The Malaysian Insight recently, Malaysia’s electoral reforms chief, Abdul Rashid Abdul Rahman, accused the EC of taking sides in GE14 and being blatant about it, calling it the worst-held elections in the country.

Rashid, a career election official who served the EC in various capacities, said GE14 was the worst he had seen in 27 years of service in terms of the decisions made by the commission, adding that it appeared as though the EC was taking instructions from the government.

On the first day of tribunal hearing last month, lawyers for the six former commissioners told the tribunal that the proceedings were academic as their clients had resigned from their posts.

The tribunal subsequently reserved its decision on whether to continue with proceedings.

The tribunal is chaired by retired Federal Court judge Steve Shim. Its five other members are retired Federal Court judges Zaleha Zahari, Suriyadi Hails Omar, Jeffrey Tan Kok Wha and Prasad Sandosham Abraham.

Malaysian Bar counsel M. Puravalen and Lim Wei Jiet were appointed to assist the tribunal.

In his submission, Puravalen said the tribunal’s findings may be rendered academic regardless of the outcome as the six men had already resigned.

Shim acknowledged that the tribunal’s term was to seek their removal if misconduct was found.

Thomas, however, in a statement on January 30, rejected the notion that the findings of a tribunal would be academic because of the resignations.

He noted that the tribunal is not restricted to merely recommend their removal from office if found guilty but 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.”

The tribunal is 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.

Thomas said the six EC members’ resignations are a deliberate move to frustrate the investigations of the tribunal and to “avoid the ignominy of being removed, with all its attendant consequences”. – February 20, 2019.