Federal govt wrongly advised in trying to strike out my suit, says ex-CM

Federal govt wrongly advised in trying to strike out my suit, says ex-CM

Yong Teck Lee says his suit is not against the investigation but on the decision to do it through an RCI.

Former Sabah chief minister Yong Teck Lee.
KOTA KINABALU:
Former Sabah chief minister Yong Teck Lee warned the federal government that they may have been wrongly advised in planning to strike out his suit objecting to the setting up of a royal commission of inquiry (RCI) to investigate allegations of misconduct among judges.

Yong clarified that he was not against investigating the allegations. The Sabah Progressive Party (SAPP) president instead questioned whether this should be done through an RCI.

“Ultimately, it is up to the court to rule whether to strike out the originating summons.

“The minister or the officer advising the Cabinet on the RCI on judicial misconduct has not done a thorough job.

“It seems that the Cabinet has been wrongly advised,” he said when commenting on a news report today citing an unnamed source that the government is seeking to strike out Yong’s suit to stop the RCI.

The suit, filed by Yong on April 29, sought a declaration that the decision by the federal government to set up the RCI is unconstitutional and in breach of the principle of separation of powers.

He said an investigation should be carried out but only by setting up a tribunal or a special committee of judges, as provided by the constitution.

He is also concerned that the setting up of the RCI will be interference by the executive branch of government in the judiciary.

“The purpose of the originating summons was to ensure that the Federal Constitution is adhered to and the judiciary is protected,” he said.

Yong’s suit has been fixed for hearing on July 2.

Yong said he is concerned that ministers and civil servants do not feel free to speak openly about the issue even though it is of public interest.

“A news outlet had quoted an anonymous source in alleging hidden hands were behind my originating summons. I have denied that accusation.

“Another news report quoting an ‘anonymous source’ said the government might apply to strike out my summons for being frivolous.

“Why do these officials have to hide behind the condition of anonymity? Can’t the attorney-general or the minister in charge of law say what they have to say on the record?”

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