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BPR nanti arahan Peguam Negara
©New
Straits Times (Used by permission)
• ACA to look for new evidence on relationship
• Lingam 'privy to classified information' on appointments
KUALA LUMPUR: Former chief justice Tun Mohd Eusoff Chin meddled in the
appointment of judges after his retirement, the Royal Commission of Inquiry
reported.
"He must have had a hand in the appointment or rejection of
judges named in the transcript, even though the extent of his involvement was
problematical."
The commission said the transcript from the video clip referred to a memo of
another retired chief judge Tun Ahmad Fairuz Sheikh Abdul Halim and lawyer Datuk
V.K. Lingam.
"But, what followed clearly suggested that after Eusoff and Lingam had a
discussion, they sent the memo to the prime minister (then Datuk Seri Dr
Mahathir Mohamad).
The report said the memo was not produced before the commissioners but "if this
statement is accepted at face value, it showed that Lingam and Eusoff were
acting in furtherance of a common intention to influence the prime minister
against accepting the recommendation of then chief justice Tun Mohamed Dzaiddin
Abdullah".
Eusoff was the top judge from September 1994 to December
2000, followed by Dzaiddin, from December 2000 to March 2003. Ahmad Fairuz was
chief justice between March 2003 and November last year.
The report said the analysis of the transcript implied that Ahmad Fairuz was
Eusoff's nominee.
It said Lingam had direct access to Eusoff while the latter was in office, but
Dzaiddin had frustrated their plans.
Lingam 'privy to classified information' on appointments
by V. Anbalagan
KUALA LUMPUR: Datuk V.K. Lingam was privy to classified information on the
appointment of judges, the Royal Commission of Inquiry report concluded.
"Lingam had information on matters protected under the
Official Secrets Act 1972," it said.
The commission made this finding after it verified his conversation in the video
clip with documents from the Prime Minister's Office.
They focused on the following letters:
- Oct 2, 2001: Then chief justice Tun Mohamed Dzaiddin Abdullah submitted five
names to the prime minister, Datuk Seri (now Tun) Dr Mahathir Mohamad, on the
appointment of High Court judges.
- Dec 5, 2001: The prime minister agreed to the appointments
of Datuk Heliliah Yusof, Datuk Ramly Ali and Datuk Ahmad Maarop, but rejected Dr
Andrew Chew Peng Hui and Zainuddin Ismail.
- Jan 11, 2002: Dzaiddin requested that the prime minister reconsider his
recommendation to appoint Chew and Zainuddin.
- Jan 31, 2002: The prime minister rejected the recommendation without giving
reasons.
The commission said it was reasonable to suggest that Lingam in his conversation
with former chief justice Tun Ahmad Fairuz Sheikh Abdul Halim (on Dec 20, 2001),
captured in the video clip, was referring to the Dec 5, 2001 letter sent by Dr
Mahathir to Dzaiddin.
"This was a strange development since correspondence of this nature was strictly
confidential and could have been known to the author and the recipient and not
generally made available to ministers and deputy ministers."
It noted that at the material time, Datuk Seri Tengku Adnan Tengku Mansor was
the deputy minister in the Prime Minister's Department in charge of legal
affairs.
"His name was mentioned by Lingam as a source. It is perfectly conceivable that
what Lingam had stated represented the correct version of events," the report
said.
At the inquiry, Lingam gave evidence that he knew nothing about the appointments
of judges, but maintained that he had heard rumours and gossip among lawyers.
"Yet, strangely enough, he was unable to come up with the name of a single
lawyer to corroborate his evidence on this issue," the report said.
Tengku Adnan had also denied the allegations.
"We are unable to comprehend the rationality of this stand when examined in the
context of the long relationship with Lingam and his position as deputy
minister, which would have provided him the opportunity of having access or
knowledge of what transpired between the PM and CJ (Dzaiddin)."
The report also said that Lingam had knowledge that Dzaiddin was going to
recommend six judges to the Court of Appeal, but had yet to send a letter to the
prime minister.
In his evidence, Dr Mahathir indicated that the elevation process of judges
would take between three and four months.
If so, the report noted, it would mean Dzaiddin's recommendation would have been
sent out at the beginning of 2002.
"Thus, the fact that 'the letter hasn't come to PM', as stated by Lingam in the
transcript on Dec 20, 2001, suggested that he was involved in the appointment or
elevation of judges."
Again, Lingam had said that the information came from lawyers.
"Given the fact that he was unable to recollect the name of any lawyer
concerned, his answer must necessarily stand on shaky ground," the report said.
ACA to look for new evidence on relationship
PUTRAJAYA: The Anti-Corruption Agency will study the Royal Commission of
Inquiry's report on the Lingam video clip to look for new evidence on the
relationship between the lawyer and former chief justice Tun Mohd Eusoff Chin.
ACA deputy director-general Datuk Abu Kassim Mohamed said
they would study the report.
"There was an earlier investigation that was closed. I do not know why. But if
that is the recommendation of the commission, we will have to study the report."
The commission in its report recommended that the ACA re-open investigations on
the New Zealand holiday that Datuk V.K. Lingam and Eusoff's families took
together in December 1994.
The commission had noted that an earlier investigation into this holiday was
closed by former Attorney-General, the late Tan Sri Mohtar Abdullah.
Mohtar in November 2000 had announced that there was no case
against Eusoff for alleged misconduct.
He said there had been a "full-scale investigation" by the Attorney-General's
Chambers, police and ACA into a photograph showing Eusoff and Lingam holidaying
together in New Zealand.
Eusoff had been heading a panel to hear an appeal case for businessman Tan Sri
Vincent Tan, who was represented by Lingam.
The royal commission also recommended that the ACA investigate a number of
judges who allegedly received gifts from Lingam.
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Circular No 297/2008
While ACA is to have a second look at the relationship between Eusoff and VK, who is going to investigate ACA's shoddy first look, and the alleged RM3,000 pay-off to the secretary, Jayanthi? The ACA and the AG are tainted as it is after they closed their first investigations under very suspicious circumstances and whatever the outcome, it will be questionable.
Lim Chong Leong