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Media : NST Online

 
Date : May 18, 2008 Go Back to Main

Case reviews possible with report


 

KUALA LUMPUR: The report of the Royal Commission of Inquiry into the Lingam video clip could be used as a springboard for aggrieved parties who may have been victimised in cases to apply for a review of decision, says former Court of Appeal judge Datuk Karam Chand Vohrah.

"An application for the Federal Court to review its own decision is rarely given, but it might be given if the review is based on grounds of the decision being obtained by corrupt practice," Vohrah said.

Under the present system, he said, there was a provision for the Federal Court to review its own decision.

"It's a difficult process, but the avenue is open. You just have to show good grounds."

Under Rule 137 of the Federal Court Act, the court has the power to "hear any application or to make any order as may be necessary to prevent injustice, or to prevent an abuse of the process of the court". Unlike other cases of appeals in lower courts, there is no time limit for an application for a review.
It is thought that several cases heard by judges implicated in the commission report might now become eligible for application for review, based on the findings of the commission.

Among the cases are: Ling Wah Press (M) Sdn Bhd & Ors v Tan Sri Dato' Vincent Tan Chee Yioun, Insas Berhad & Anor v Ayer Molek Rubber Company Berhad & Ors, and Wee Choo Keong v Lee Chong Meng & Anor.

In George Town, Chief Minister Lim Guan Eng has called for an immediate review of cases decided by two former chief justices named by the royal commission into the Lingam video clip.

He said the Federal Court should do so in the light of the commission's findings involving Tun Eusoff Chin and Tun Ahmad Fairuz Sheikh Abdul Halim.

"The main thing is that we must seek the truth, seek justice.

"We have the right to urge the judiciary to review all the cases, so that justice can be restored.

"But whether or not they do so is a different matter."

Gerakan acting president Tan Sri Dr Koh Tsu Koon applauded the government's decision to make the Lingam Video Clip Report public.

"This is an important step in restoring the independence, integrity and public confidence of the judiciary system," he said.

He urged the government to act upon and implement the recommendations made by the Royal Commission.

He also called for the establishment of a Judicial Complaints Tribunal or a similar mechanism to allow the public to lodge complaints and ask for relief through a simple and accessible channel.

Meanwhile, senior lawyer and former United Nations special rapporteur, Datuk Pa-ram Cumaraswamy, said cases in which Datuk V.K. Lingam had acted would now be open to dispute.

"Litigants in suits involving Lingam where they lost should consider applying for a review of the judgments," he said.

 
 
     
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