YOURSAY | 'Indeed, the fact that the EC members have retired is totally irrelevant.'

3-2 decision: Tribunal ends hearing on ex-EC members, calls it futile exercise

Kim Quek: The three tribunal members led by former chief judge of Sabah and Sarawak Steve Shim Lip Kiong have got it wrong.

The objective of the tribunal is not to seek the removal of these six ex-Election Commission (EC) members, but to expose their misdeeds in fraudulently completing the redelineation report, which has destroyed the democratic principles of our electoral system as enshrined in the Federal Constitution.

If this tribunal has conscientiously performed its duty as ordered by the Yang di-Pertuan Agong, it may lead to a legal re-do of the redelineation exercise, thus saving this country from the infamy of a fake democracy.

The tribunal’s decision not to carry out its hearings amounts to a rejection of the Agong’s order. Is the tribunal endowed with the power to reject such an order from the Agong under the Federal Constitution?

I suggest a royal commission of inquiry (RCI) be formed to carry out a full-scale investigation on the treasonous activities of these ex-commissioners with a view to redeeming our thoroughly flawed electoral roll.

RR: Indeed, the tribunal cannot simply dismiss the case as merely an academic exercise. The country had faced the danger of gerrymandering by the deliberate delineation of boundaries of constituencies along racial lines.

These six former EC commissioners were responsible for this serious crime. They should be punished for being just 'yes man'.

A proper new tribunal should be constituted to deliver justice to the nation. The two dissenting judges' views are commendable.

The Mask: No! No! No! This cannot be true. You are setting a precedent. So, to escape punishment for a crime, you resign? Is that it?

Anonymous_gem49: Irrespective of their resignations, the six ex-EC commissioners should be liable for their actions. I think the government should start a criminal proceeding against these six individuals for dereliction of duty.

A stint in jail will reinforce the fact that succumbing to external pressure does not absolve them of any and all wrongs committed.

OceanMaster: In an industrial environment, if there are lapses in safety resulting in injury or fatality, investigations are conducted to establish the facts of the case. The findings are then used to resolve employment matters, etc.

But there is another more important factor as to why such investigations are conducted; it is to establish the root causes and gaps in processes - people or systems that contributed to the accident.

With those findings, the industry is able to learn and improve workplace safety, for instance.

Taking a leaf from the above approach, it is obvious the chairperson of the tribunal, a former judge, was driven by his professional intuitions rather than viewing the tribunal's function as an avenue to identify gaps in the electoral system and contribute to the rehabilitation of the EC itself.

An opportunity missed with a very disappointing split 3-2 decision.

Shahzamani: Every tribunal, RCI, inquest, and whatnot, must have clearly defined objectives.

It appears that this EC tribunal's objective was to determine if there were grounds to dismiss the six EC officers. If this was indeed the objective and the sole mandate of the inquiry, then there is no doubt that the majority of the panel members have arrived at the right conclusion.

The public cannot crucify them. The honourable attorney-general (AG), of all people, should understand. If the nation needs to know the wider, undemocratic practices of the EC in the past, then let the mandate be defined as such.

Perhaps, we need an RCI, not just a dismissal inquiry. But again, the whole crop of leaders in the government, not just the past kleptocratic leaders, may be implicated.

Do we really want Dr Mahathir Mohamad, Anwar Ibrahim, etc, to go to jail in a no-holds-barred inquiry - one that is without fear or favour, and plunge the country into no-holds-barred mayhem?

FairMind: The country was nearly thrown into chaos by these former EC officers, and yet, the three-panel members say it is academic?

Najib has also quit as PM, so by the same logic are his many charges academic? It doesn't make any sense unless it is feared that there are many skeletons in the closet.

Arankanathan: The stupidity of the three-panel members is unbelievable. How can it be futile? The tribunal's role is to expose the wrongdoings, pass judgment and make sure it does not happen again.

What the three tribunal members have done is demonstrating a 'tidak apa' attitude. Shim is a disgrace to the legal profession.

Anonymous_4031c: Yes, the majority's decision is patently wrong. Any finding by the tribunal will be a useful guide on the dos and don'ts by current and future members of the EC. Their acts, if found unlawful, will be tantamount to desecrating the institution of democracy.

The fact that they have voluntarily resigned does not negate the acts and omissions by them in discharging their duties. If not for the change in government, we would not have discovered the extent of the rot.

AG: Ending tribunal hearing against ex-EC officers is disappointing

Anonymous 428911434555133: Very disappointing indeed! Isn't it important to determine if any crimes have been committed or whether democracy been hijacked at any time in the past by these people?

Just because they are no longer in power does not mean they should no longer be investigated. Does this mean that a robber who stole previously does not warrant investigation just because he is no longer a robber?

Anonymous_535f5eec: The real issue is finding out the truth on whether there had been acts of misconduct. These are matters of great public importance. The public has the right to know.

And if there were acts of misconduct, rectifying them would then be required. The fact that the EC members have retired is totally irrelevant.

The tribunal was set up not with the ultimate aim of removing the EC members but to seek truth in relation to the conduct of the EC members who have since resigned.

Going by the tribunal's logic, we should not investigate any politicians or employees for abuse of powers because they have resigned. What a lost opportunity! What a shame!

Anonymous 2043581479977820: I agree with the honourable AG. Very disappointing indeed. It's not about time and expense. It's about accountability, transparency and liability. If there is gross misconduct, then they should answer for it.

I cannot believe the learned ex-judges did not think along this line. If they think it's a waste of time, they should not have accepted the appointment to the tribunal in the first instance.

Anonymous_4031c: I totally agree with the AG. This decision is similar in approach by the Federal Court on its decision relating to the appointment of the previous chief justice and the president of the Court of Appeal.

We have not answered the fundamental question on whether their appointment by the outgoing CJ then, using the backdoor method, was legal.

The above is a selection of comments posted by Malaysiakini subscribers. Only paying subscribers can post comments. Over the past one year, Malaysiakinians have posted over 100,000 comments. Join the Malaysiakini community and help set the news agenda. Subscribe now.

These comments are compiled to reflect the views of Malaysiakini subscribers on matters of public interest. Malaysiakini does not intend to represent these views as fact.