©New Straits Times (Used by permission)
by Anis Ibrahim
• Dr M: Final decision was mine
• I had nothing to do with it, says Tengku Adnan
• Minister not bothered by video
KUALA LUMPUR: Former prime minister Tun Dr Mahathir Mohamad said he was not
influenced by anyone when deciding whether to approve or reject judicial
candidates, but took into account the views of a variety of people.
During his testimony at the Royal Commission of Inquiry on
the Lingam video clip, Dr Mahathir said there was no one specific, but these
sources of information included senior civil servants, police personnel and ACA
officers.
Sometimes, he said, he also listened to views expressed at social gatherings.
When counsel Christopher Leong, appearing for the Malaysian Bar, pointedly asked
him whether businessman Tan Sri Vincent Tan Chee Youn was one of his sources, Dr
Mahathir replied: "Could be."
He also admitted to knowing Tan "very well".
Tan was one of the names mentioned in the Lingam tape as purportedly having a
role in deciding judicial appointments.
Earlier, Leong pointed out that Dr Mahathir had not agreed to recommendations
made by then chief justice Tun Dzaiddin Abdullah in August 2002 for the late Tan
Sri Abdul Malek Ahmad to be made chief judge of Malaya.
He asked: "What were the reasons for not agreeing to Tan Sri Malek as the chief
judge of Malaya?"
"I have no reasons," said Dr Mahathir.
"After listening to what people say, to their views, I form my own conclusions
and I make my decisions. I don't tell people why.
"I don't have to explain why. The prerogative lies with me. I don't have to tell
why."
"We have a position here that the recommendation of a chief justice who is most
familiar with the best qualities of his brother judges is rejected," Leong said.
"The information you obtained to make your decision, Tun, must have been very
important to override the CJ. Who is your source?" he asked.
It was then that Dr Mahathir said he had no specific sources but he did take
into account views of civil servants, senior police personnel and ACA officers.
Leong then asked: "Would Vincent Tan be one of your sources?"
"Could be," replied Dr Mahathir.
Before he stepped down, commission member Datuk Mahadev Shanker asked: "Were the
reasons for rejecting Tan Sri Malek ever discussed with Dzaiddin?"
Dr Mahathir reiterated that he did not explain the reasons behind his decisions.
"When I obtain views from people, I make my own assessments, then make my
decisions. I don't tell anyone why."
"Not even to the CJ who recommended them to you?" Mahadev asked.
"No," Dr Mahathir replied.
Dr Mahathir, 82, is the ninth witness for the inquiry tasked with investigating
a 14–minute clip of prominent lawyer Datuk V. K. Lingam allegedly brokering
judicial appointments with former chief justice Tun Ahmad Fairuz Sheikh Abdul
Halim.
He was the first witness yesterday in day four of the hearing.
Like the day before, when Dr Mahathir was originally scheduled to appear, a
large crowd had already gathered by 7.30am.
Two queues had formed outside the courtroom –– one for the press and another for
the public.
The line for the public was twice the length of the press queue, but due to the
limited number of entry passes, many of them were unable to get in.
After being screened, observers were allowed to enter the courtroom at 9.40am.
Shortly after, a court officer placed a box of tissues, a glass and bottle of
mineral water on the witness stand.
Proceedings began at 10am and Dr Mahathir emerged from a side room.
Dressed in a grey suit, a white shirt and a blue–grey tie, he walked slowly to
the stand after bowing to the commission members.
Representing him were lawyers Datuk Tengku Sofiah Jewa, Datuk Dr Yaacob Hussein
Merican and Datuk N. Chandran.
Addressing the commission, Tengku Sofiah said Dr Mahathir had given his
assurance that he would render his fullest co–operation to the inquiry.
"Our client has told us that he will respond to all questions to the best of his
ability.
"He is also prepared to answer questions which, in law, are not relevant or
within the terms of reference of the inquiry," she said.
In a voice which quivered slightly, Dr Mahathir took oath.
He did not drink from the glass before him and appeared somewhat weary
throughout his testimony.
Dr Mahathir replied to every question in a calm voice, smiling occasionally, but
there was none of the caustic wit or sarcasm that he is known for.
His testimony ended in 90 minutes.
Royal Commission on Lingam video clip Dr M: Final decision was mine
KUALA LUMPUR: Former prime minister Tun Dr Mahathir Mohamad was the ninth witness when he took the stand at 10.05am yesterday.
Inquiry officer Datuk Nordin Hassan: Could you state your name,
please.
Dr Mahathir: Mahathir bin Mohamad.
Nordin: Could you state your address?
Dr Mahathir: The Mines, Seri Kembangan.
Nordin: You were the prime minister of Malaysia
from July 16, 1981 to Oct 31, 2003. Is that correct?
Dr Mahathir: Yes.
Nordin: During your term as prime minister, were you involved in the
appointment of Malaysian judges?
Dr Mahathir: Yes, I was.
Nordin: Under the Federal Constitution, High Court judges, the chief
judge of Malaya, the chief judge of Sabah and Sarawak, the chief justice and
the president of the Court of Appeal are appointed by the Yang di–Pertuan
Agong under the advice of the prime minister after consulting the Conference
of Rulers and the chief justice. Is that correct?
Dr Mahathir: Yes, it is.
Nordin: In the appointment process, were you as the prime minister
bound to the chief justice's recommendations?
Dr Mahathir: No, I'm not bound to them.
Nordin then referred to various correspondence between Dr Mahathir and
former chief justice Tun Dzaiddin Abdullah tendered as evidence on
Wednesday.
Dr Mahathir confirmed the documents, which pertained to Tun Ahmad Fairuz
Sheikh Abdul Halim's appointments as chief judge of Malaya and president of
the Court of Appeal.
Nordin: Were you influenced by any outside parties in respect of
Ahmad Fairuz's appointment as president of the Court of Appeal?
Dr Mahathir: I listened to discussions at social gatherings, people's
views and their opinions. I took them into account but the final decision
was always mine alone.
Nordin: Were you influenced by any outside parties in respect of
Ahmad Fairuz's appointment as chief justice?
Dr Mahathir: Not specifically but, as I said, I listened to informal
views and opinions in my conversations at social events. The final decision
was always mine alone.
Nordin then referred to a letter by Dr Mahathir informing Dzaiddin that
judicial commissioners Datuk Sulaiman Daud and V. Thiripurasingam would be
appointed as High Court judges instead of the latter's original
recommendations of lawyers Dr Andrew Chew Peng Hui and Zainuddin Ismail.
Nordin: You said you did not agree to Chew and Zainuddin being High
Court judges.
Dr Mahathir: That is correct.
Nordin: Could you inform the commission what your reasons were for
rejecting them?
Dr Mahathir: I don't remember my reasons.
Nordin: Have you ever watched a video recording of a lawyer speaking
on the telephone, discussing judicial appointments?
Dr Mahathir: Only on television.
Nordin (referring to the transcript of the video clip): Did you
receive any memorandum from (former chief justice) Tun Eusoff Chin and Datuk
V.K. Lingam, as the recording suggests?
Dr Mahathir: I don't remember receiving any memorandum from V.K.
Lingam, but during my office as prime minister, I might have received a
letter from Eusoff Chin, although I cannot remember.
Nordin: The clip also mentions the names of five individuals who were
recommended for High Court judges. Is it true that Chew and Zainuddin were
rejected because they disagreed with Ahmad Fairuz's appointments as chief
judge of Malaya?
Dr Mahathir: I am unaware that the chief judge of Malaya's
appointment was the reason.
Nordin: As the recording suggests, did you telephone Ahmad Fairuz and
(businessman) Tan Sri Vincent Tan in respect of the six Court of Appeal
judges which Dzaiddin recommended?
Dr Mahathir: To date, I cannot recall.
Nordin: Did Vincent Tan ever telephone you in relation to Ahmad
Fairuz's appointment as chief judge of Malaya?
Dr Mahathir: No.
Nordin: As the recording suggests, did you telephone (then deputy
minister in the Prime Minister's Department) Datuk Seri Tengku Adnan Tengku
Mansor every time Dzaiddin sent a letter to you and ask Tengku Adnan to
discuss it with Vincent Tan?
Dr Mahathir: No.
Nordin: As the recording suggests, did V.K. Lingam, Tengku Adnan and
Vincent Tan ever meet you to discuss the recommendation to appoint (the
late) Tan Sri Abdul Malek Ahmad as chief judge of Malaya?
Dr Mahathir: No.
Nordin: Is it true that Malek Ahmad was not appointed chief judge of
Malaya because he was "anti–PM", as the recording suggests?
Dr Mahathir: He was rejected not for that reason.
Nordin informs the commission that he has no further questions. Dzaiddin's
counsel, Wong Chong Wah, begins his questioning.
Wong: Do you recall that before Ahmad Fairuz was recommended as chief
judge of Malaya, Dzaiddin had nominated Malek Ahmad?
Dr Mahathir: I can't remember precisely, but there was a lot of talk
of the possibility that Malek Ahmad be appointed to that post.
Wong: Do you remember whether, when Dzaiddin recommended Malek Ahmad,
you rejected his suggestion?
Dr Mahathir: I can't remember him recommending to me.
Wong: A letter dated Aug 19, 2002, from Dzaiddin to you, suggests
that he had made an earlier recommendation for Malek Ahmad to be chief judge
of Malaya. Did you agree to Dzaiddin's recommendation at that stage?
Dr Mahathir: I don't remember whether I agreed or not. I've read this
letter but I don't recall any decision I made on Malek Ahmad.
Christopher Leong, for the Malaysian Bar, then begins his questioning.
Leong: Referring to the exhibits pertaining to Ahmad Fairuz's
appointments, would Tengku Adnan as a deputy minister in charge of law have
access to them?
Dr Mahathir: I'm not very sure but normally the people who have no
relation to it will have no access.
These are documents marked "Rahsia" (secret), but perhaps my typist, my
secretary in some circumstances, might have access. I really cannot say if
someone had no access.
Leong: Do you know Tan Sri Vincent Tan?
Dr Mahathir: Yes.
Leong: How long have you known him?
Dr Mahathir: I have known him for many years. I know him very well.
Leong: Do you know Datuk V.K. Lingam?
Dr Mahathir: I read about him when he was involved in another case
but I've only known him recently when I engaged him for a case where Anwar
Ibrahim sued me for defamation.
Leong: How did you know about him to engage him?
Dr Mahathir: I heard about him.
Leong: The recording suggests that Vincent Tan had brought V.K.
Lingam to your house.
Dr Mahathir: That's not true.
Leong: You've never met him at your house?
Dr Mahathir: After I engaged him as my lawyer, he's been at my house
once or twice.
Leong: Is he still your lawyer?
Dr Mahathir: Yes, he is.
Leong: According to the transcript, it appears that the person who is
speaking was in possession of an official secret, that Chew and Zainuddin
had been rejected as High Court judges. Could you assist the commission and
tell them how he knew?
Dr Mahathir: He may have seen a document.
Leong: The transcript of the conversation in December 2001 also
mentions that the person knows about six people who have been recommended as
Court of Appeal judges. In June 2002, six persons were indeed appointed to
the Court of Appeal.
Would it be safe to say that the process of appointment takes between three
and six months?
Dr Mahathir: Yes.
Leong: Once again, it seems that the person talking appears to have
knowledge of an official secret.
Dr Mahathir: It appears to be so.
Leong: I presume Tun wouldn't know how he came to know an official
secret?
Dr Mahathir: No.
Leong: A letter dated Aug 19, 2002 from Dzaiddin to you suggests that
he had made an earlier recommendation for Malek Ahmad as chief judge of
Malaya.
Dr Mahathir: Could be.
Leong: We all know that Malek Ahmad did not move up to that position
and when Dzaiddin re–submitted his recommendation for Malek Ahmad, it
appears that his nomination was rejected. What was the reason for not
agreeing to the recommendation?
Dr Mahathir: I have no reasons. After listening to what people say,
to their views, I form my own conclusions and I make my decisions. I don't
tell people why. I don't have to explain why; the prerogative lies with me.
I don't have to tell why.
Leong: There is a suggestion that you had your own candidate?
Dr Mahathir: I will ask people who know about this, like senior civil
servants and take their views into consideration.
Leong: We have a position here that the recommendation of a chief
justice who is most familiar with the best qualities of his brother judges
is rejected. The information you obtained to make your decision, Tun, must
have been very important to override the CJ. Who is your source?
Dr Mahathir: There is no precise main source, but I listen to people.
I take them into consideration. They include civil servants, senior police
personnel, the Anti–Corruption Agency.
Leong: Would Vincent Tan be one of your sources?
Dr Mahathir: Could be.
Leong: Did you receive any memorandum from Eusoff Chin after he
retired as chief justice?
Dr Mahathir: After he retired, I practically lost contact with him.
Commissioner Datuk Mahadev Shankar asks Dr Mahathir for clarification at
this point.
Mahadev: Were your reasons for rejecting Malek Ahmad ever discussed
with Dzaiddin?
Dr Mahathir: I normally don't explain to anybody my reasoning when I
make decisions. I listen to a lot of people, make my assessments, then make
my decisions. I don't tell anyone why.
Shankar: Not even the chief justice (Dzaiddin) who recommended them
to you?
Dr Mahathir: No.
I had nothing to do with it, says Tengku Adnan
by V. Anbalagan
KUALA LUMPUR: Tourism Minister Datuk Seri Tengku Adnan Tengku Mansor said
yesterday that he had nothing to do with the appointment of judges, although
lawyer Datuk V.K. Lingam mentioned his name 11 times in a video clip.
"I think the person who is engaged in a conversation in the
clip is drunk," he said in dismissing one of the statements read out from a
written transcript by Datuk Azmi Ariffin, who is assisting the hearing by the
Royal Commission of Inquiry.
The 14–minute clip shows Lingam allegedly brokering judicial appointments on the
telephone with an unidentified party.
A businessman, Loh Mui Fah, told the commission on Tuesday that Lingam had told
him that he was speaking to the then Chief Judge of Malaya Datuk Ahmad Fairuz
Sheikh Abdul Halim.
Tengku Adnan said he knew Lingam and tycoon Tan Sri Vincent Tan, the other
person Lingam kept referring to in the conversation.
"I knew them when I was in business. I had little contact
with them after I joined the government," said Tengku Adnan, who was a deputy
minister and later minister in the Prime Minster's Department between 2001 and
2002.
During that period, he was in charge of legal affairs which included the
judiciary.
Azmi: Do you know Lingam?
Tengku Adnan: Yes, I know Lingam in the course of my business dealings.
Azmi: What was your relationship with Tan?
Tengku Adnan: I knew him since the 1990s when I was in business.
Tengku Adnan said he saw an eight–minute segment of the video clip on YouTube,
an online video portal, for the first time in Penang last year.
He said he was then aware that his name was mentioned in the clip.
Azmi then asked the commission's permission to play the 14–minute video clip to
determine if that was the same footage he saw in Penang.
Azmi: Is this the same clip that you viewed earlier?
Tengku Adnan: I had only viewed the first part, which lasted eight minutes. This
is the first time I am watching the second part, which lasts six minutes.
He identified the man in the clip as Lingam. Azmi then showed Tengku Adnan the
transcript on Lingam's conversation in the 14–minute clip and proceeded to
question him on the statements where Lingam mentioned his name on 11 occasions.
It was during the ninth question by Azmi that Tengku Adnan said Lingam could
have been in a state of intoxication.
Tengku Adnan dismissed a suggestion by Azmi that he had influenced former prime
minister Tun Dr Mahathir Mohamad in appointing Ahmad Fairuz as chief judge of
Malaya and Court of Appeal president between 2001 and 2002.
He also said it was not true that he had discussed with Lingam and Tan on the
appointment of judges.
Azmi: Do you think what Lingam said in the clip was true after viewing the clip?
Tengku Adnan: No.
To a question by Bar Council lawyer Christopher Leong, the minister said he had
no access to classified documents that were tendered in court on Wednesday
through former chief secretary to the government Tan Sri Samsudin Osman.
The letters were correspondence between Dr Mahathir and former Chief Justice Tun
Dzaiddin Abdullah from 2001 and 2002 on the appointment of judicial officers.
Leong: Would it be correct to say that you knew Tan because you were a
shareholder in companies that belonged to him?
Tengku Adnan: Yes, because I was a shareholder in the Berjaya Group of
companies.
Leong: Were you a director in some of the companies?
Tengku Adnan: Yes, but I cannot remember which companies.
Leong proceeded to ask Tengku Adnan of his past business connections in other
companies, but commission chairman Tan Sri Haidar Mohamed Noor stopped him.
"Why ask this question? The minister has already admitted to being a shareholder
and a director when he was in business," he said.
Leong replied that this line of questioning was to show that Tengku Adnan and
Tan were close associates.
Tengku Adnan said he only met Tan at public functions now. He said he knew
Lingam was one of the panel lawyers of Berjaya and described his contact with
the man as "extremely limited".
Leong: There was a letter between Dr Mahathir and Dzaiddin to reject two names
recommended for judicial appointment. The speaker (Lingam) states that his
source of information came from you. What have you got to say?
Tengku Adnan: It's strange but it did not come from me.
Leong: Would you have any objection to making your telephone numbers available
to the commission?
Tengku Adnan: No problem.
M. Puravelan, counsel for Datuk Seri Anwar Ibrahim, asked the witness whether he
had met Tan and Tan Sri Abdul Murad Khalid at his home in Jalan Duta in August
1995.
When Tengku Adnan said he did not meet the two men, Puravelan claimed he had
documents to show that he did. Haidar stopped counsel from pursuing the matter,
saying it was irrelevant.
Minister not bothered by video
KUALA LUMPUR: Tourism Minister Datuk Seri Tengku Adnan Tengku Mansor said he
would not take legal action against Datuk V.K. Lingam for implying that he had
violated the law in revealing classified information.
"I am not bothered. He was drunk and whatever was said in the
video clip is not true.
"I did not speak to him," he said in response to a question by commission member
Datuk Mahadev Shanker.
Shanker had asked whether the minister was angry with Lingam for implying that
he had breached the Official Secrets Acts by disclosing information from
classified documents after viewing the 14–minute video clip in court yesterday.
He also asked Tengku Adnan whether he had contacted the lawyer to clear his
name.
Tengku Adnan, who was in the stand for slightly more than an
hour, said he would not be contacting Lingam.
He said he was annoyed, but had responded patiently.
Tengku Adnan said in the past, many people had used his name for various
reasons.
"My name is frequently used. Maybe it has some value. I do not know."
He said some irresponsible people had also used his name for the purpose of
building schools and mosques.
"Even in prisons, people have used my name," he added.