KUALA LUMPUR, March 14 — The Malaysian government is appealing the High Court’s March 8 decision which had ordered it to declassify its investigation report on the “Double Six” tragedy 47 years ago — a fatal plane crash where then Sabah chief minister Tun Fuad Stephens and all 10 others onboard died.
When contacted by Malay Mail today, the Attorney General’s Chambers’ (AGC) senior federal counsel Shamsul Bolhassan confirmed that the government’s appeal to the Court of Appeal had been filed on March 10.
Jordan Kong, one of the lawyers for former Sabah chief minister Tan Sri Harris Mohd Salleh, also confirmed to Malay Mail today that the AGC had filed the appeal.
Harris was the one who had filed the lawsuit in the High Court in Kota Kinabalu, Sabah, to seek a court order to direct the Malaysian government to declassify its investigation report on the June 6, 1976 plane crash.
Harris’s lawsuit filed through a judicial review application on July 1, 2022 had named the chief secretary of the government of Malaysia, the transport minister, and the government of Malaysia as respondents.
On March 8, the High Court in Kota Kinabalu issued a court order to direct the Malaysian government to take the necessary steps to declassify or make public the Malaysian authorities’ investigation report on the “Double Six” incident involving a Nomad Aircraft 9M-ATZ plane with 11 people onboard.
The High Court had ordered the Malaysian government to comply with the order to declassify the report within three months or by June 8 this year.
The High Court 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 the Australian government acts accordingly to enable the declassification to be done promptly.
The Malaysian government’s investigation team included the Department of Civil Aviation, the Royal Malaysian Air Force, the Royal Malaysian Police, while the Australian government also had a separate investigation team involving the aircraft’s manufacturer Government Aircraft Factory of Australia and the Australian Department of Transport.
Although both Malaysia and Australia completed their separate investigations and prepared investigation reports, these reports have never been released or made public, even though politicians, victims’ families and the public had pushed for declassification, the High Court had noted.
Among other things, High Court judge Datuk Christopher Chin Soo Yin had in his March 8 decision said that it is in the public interest for the Malaysian government to declassify the investigation report.
The judge had also said Sabahans have the right to know the results of the investigation, and that the families of the victims in the “Double Six” plane crash need closure.
