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High Court orders Putrajaya to declassify papers on Sabah’s 1976 ‘Double Six Tragedy’ plane crash
The 1976 plane crash killed then Sabah chief minister Tun Fuad Stephens and 10 others onboard. — Picture courtesy of Yayasan Tun Fuad Stephens
Wednesday, 08 Mar 2023 5:49 PM MYT
KUALA LUMPUR, March 8 — The High Court in Kota Kinabalu today ordered the Malaysian government to declassify the federal investigation report on on June 6, 1976 the plane crash that killed then Sabah chief minister Tun Fuad Stephens and 10 others onboard.
High Court judge Datuk Christopher Chin Soo Yin, who delivered the decision, issued a mandamus order directing the Malaysian government to take the necessary steps to declassify or make public the Malaysian authorities’ investigation report into so-called “Double Six Tragedy” involving the Nomad Aircraft 9M-ATZ with 11 people onboard.
In the same court order, the judge also gave the Malaysian government three months or until June 8 to comply.
The judge also said that if such public disclosure of the investigation report requires any related action by the Australian government, the Malaysian government must immediately ensure Canberra acted accordingly to allow the declassification to be done promptly.
The judge was ruling in a lawsuit filed by former Sabah chief minister Tan Sri Harris Mohd Salleh.
When contacted by Malay Mail, Harris’s lawyer Datuk Malik Imtiaz Sarwar highlighted the importance of the High Court’s decision today as it noted that the government’s powers under the Official Secrets Act (OSA) to classify information is not absolute and the Federal Constitution was still above it.
“This decision is significant as it underscores the right of citizens to access information that is in the public interest, as this is essential to ensuring accountability, and the legitimacy of representative government.
“The decision of the court is ground-breaking in that it deals with the power and duty to classify and declassify information under the OSA. Importantly, despite arguments to the contrary by the government, the court concluded that this power is not absolute, as the Executive is bound to comply with the Constitution,” Imtiaz told Malay Mail.
Imtiaz noted that the High Court today had said that freedom of expression results in the right to information, and noted the decision now showed that the government has to declassify information when secrecy is no longer required.
“In particular, the court emphasised that the right to receive information is corollary to the freedom of expression, which is fundamental to democracy. This is welcome and puts paid to the notion that people are only entitled to know what the government wants them to.
“It is now clear that the government can only use the OSA where there is justifiable need to, and it can only do so in a manner that is proportionate. The government is also under a duty to declassify where, objectively, there is no longer a need for secrecy.
“The court ultimately found that Harris Salleh, and the people of Sabah, are entitled to know the results of the investigation into the tragedy,” Imtiaz said.
The other lawyers who appeared for Harris today are Datuk Alexander Decena and Jordan Kong.
When contacted by Malay Mail, senior federal counsel Shamsul Bolhassan who appeared for the government, confirmed that it has yet to decide whether to appeal against today’s High Court decision.
Federal counsels Noor Atiqah Zainal Abidin and Ng Wee Li also appeared for the government today.
On July 1, 2022, Harris had filed the lawsuit through a judicial review application, naming the chief secretary of the government of Malaysia, the transport minister, and the government of Malaysia as respondents.
Previously on August 8, High Court judge Wong Siong Tung had granted leave for the judicial review application, which meant the High Court would proceed to hear the court case on its merits.
Judge Chin then delivered the decision today on the case.
MORE TO COME
Wednesday, 08 Mar 2023 5:49 PM MYT
KUALA LUMPUR, March 8 — The High Court in Kota Kinabalu today ordered the Malaysian government to declassify the federal investigation report on on June 6, 1976 the plane crash that killed then Sabah chief minister Tun Fuad Stephens and 10 others onboard.
High Court judge Datuk Christopher Chin Soo Yin, who delivered the decision, issued a mandamus order directing the Malaysian government to take the necessary steps to declassify or make public the Malaysian authorities’ investigation report into so-called “Double Six Tragedy” involving the Nomad Aircraft 9M-ATZ with 11 people onboard.
In the same court order, the judge also gave the Malaysian government three months or until June 8 to comply.
The judge also said that if such public disclosure of the investigation report requires any related action by the Australian government, the Malaysian government must immediately ensure Canberra acted accordingly to allow the declassification to be done promptly.
The judge was ruling in a lawsuit filed by former Sabah chief minister Tan Sri Harris Mohd Salleh.
When contacted by Malay Mail, Harris’s lawyer Datuk Malik Imtiaz Sarwar highlighted the importance of the High Court’s decision today as it noted that the government’s powers under the Official Secrets Act (OSA) to classify information is not absolute and the Federal Constitution was still above it.
“This decision is significant as it underscores the right of citizens to access information that is in the public interest, as this is essential to ensuring accountability, and the legitimacy of representative government.
“The decision of the court is ground-breaking in that it deals with the power and duty to classify and declassify information under the OSA. Importantly, despite arguments to the contrary by the government, the court concluded that this power is not absolute, as the Executive is bound to comply with the Constitution,” Imtiaz told Malay Mail.
Imtiaz noted that the High Court today had said that freedom of expression results in the right to information, and noted the decision now showed that the government has to declassify information when secrecy is no longer required.
“In particular, the court emphasised that the right to receive information is corollary to the freedom of expression, which is fundamental to democracy. This is welcome and puts paid to the notion that people are only entitled to know what the government wants them to.
“It is now clear that the government can only use the OSA where there is justifiable need to, and it can only do so in a manner that is proportionate. The government is also under a duty to declassify where, objectively, there is no longer a need for secrecy.
“The court ultimately found that Harris Salleh, and the people of Sabah, are entitled to know the results of the investigation into the tragedy,” Imtiaz said.
The other lawyers who appeared for Harris today are Datuk Alexander Decena and Jordan Kong.
When contacted by Malay Mail, senior federal counsel Shamsul Bolhassan who appeared for the government, confirmed that it has yet to decide whether to appeal against today’s High Court decision.
Federal counsels Noor Atiqah Zainal Abidin and Ng Wee Li also appeared for the government today.
On July 1, 2022, Harris had filed the lawsuit through a judicial review application, naming the chief secretary of the government of Malaysia, the transport minister, and the government of Malaysia as respondents.
Previously on August 8, High Court judge Wong Siong Tung had granted leave for the judicial review application, which meant the High Court would proceed to hear the court case on its merits.
Judge Chin then delivered the decision today on the case.
MORE TO COME
A can of worms!
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