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Wednesday 14 September 2011

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

The Star 
by M. MAGESWARI

*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 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.

Justice Raus Sharif 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 a three-man panel. With him were Justice Raus,who is court of appeal president, and Federal Court judge Justice Abdull Hamid Embong.

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.

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