Federal Court: Findings of RCI into V. K. Lingam video clip not ‘reviewable’

*This is the first time that the country's apex court, the Federal Court, has answered a question on whether the findings of a Commission of Inquiry is reviewable and this may have implications on the findings of other RCIs.

PUTRAJAYA: The Federal Court ruled Tuesday that the findings of a Royal Commission of Inquiry into the controversial V.K. Lingam video clip cannot be reviewed, saying the commissioners had merely made findings and not a decision.

Lawyer Datuk V.K. Lingam had sought a review of the RCI's findings that he had committed criminal misbehaviour, which he said was a grave attack on his reputation.

He had contended that although he had not been prosecuted, his reputation had been gravely tarnished and injured and that it was his fundamental right under the Federal Constitution to safeguard his reputation.

The RCI had been set up to investigate the video clip showing a lawyer purportedly trying to influence judicial appointments.

Justice Raus Sharif, part of a three-man panel, ruled Tuesday that Lingam and two former chief justices were not adversely affected by the findings of the commission.

Chief Judge of Malaya Justice Zulkefli Ahmad Makinudin chaired the panel. With him were Justice Raus, who is court of appeal president, and Federal Court judge Justice Abdull Hamid Embong.

The decision was unanimous.

This is the first time that the country's apex court, the Federal Court, has answered a question on whether the findings of the Commission of Inquiry is reviewable and may have implications on the findings of other RCIs.

Lawyer Gobind Singh Deo, when contacted, said the decision impacted the judicial review application for Teoh Beng Hock.

Gobind said he needed to advise Teoh's family and take instructions from them whether to proceed with their application or not.

Teoh Beng Hock's family has filed an application for a judicial review of the Royal Commission of Inquiry's finding that the ex-political aide had been driven to suicide.

The report of the RCI's five-man panel over the Lingam video clip had recommended that appropriate action be taken against six individuals Lingam, Eusoff, Fairuz, tycoon Tan Sri Vincent Tan, former prime minister Tun Dr Mahathir Mohamad, businessman and former minister in the prime minister's department Datuk Seri Tengku Adnan Tengku Mansor for misconduct.

It also found that there was prima facie evidence to investigate the six men for offences under the Sedition Act, Official Secrets Act, Penal Code and the Legal Profession Act.

The RCI also concluded that the video clip was authentic, and that Lingam was the person in conversation with Ahmad Fairuz.

On Dec 12, 2008, the Kuala Lumpur High Court denied leave to the three to initiate a judicial review proceeding to challenge the RCI's findings. On appeal, the appellate court, on Aug 24 last year, in a majority decision, reversed the High Court's decision.

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