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Ex–chief secretary testifies Lingam knew govt secrets 17 Jan 2008 12:00 am

• Man in video clip knew official secrets
• Questions over how secret info was leaked out
• Man behind video returns home

©The Straits Times, Singapore (Used by permission)
by Carolyn Hong, Malaysia Bureau Chief

Lawyer was correct about judicial decisions, says top official

KUALA LUMPUR – MALAYSIA'S former No. 1 civil servant told a public inquiry yesterday that he was puzzled how well–connected lawyer Datuk V.K. Lingam was privy to classified information on judicial appointments.

Tan Sri Samsudin Osman, who was the chief secretary to the government until 2006, confirmed at the inquiry that Datuk Lingam was correct when he spoke about two lawyers being rejected as judges in 2001.

Further, his evidence confirmed that Datuk Lingam was also correct when he spoke about a senior judge being rejected for the Number Three judicial post at that time.

Tan Sri Samsudin was testifying in the inquiry over a controversial video clip that has rocked Malaysia with its hints of cosy ties between certain lawyers and judges, and political interference in the promotion of judges.

The clip has seriously damaged the Malaysian judiciary.

The former top civil servant in his testimony said that the information Datuk Lingam had were official secrets, and 'security is very, very tight'.

'I must confess that this also puzzles me,' he said, in reference to how the prominent lawyer could have known the information.

Datuk Lingam triggered a storm when a phone conversation about elevating judges he allegedly had in 2001 with judge Tun Ahmad Fairuz Sheikh Abdul Halim was secretly recorded and made public last year.

Tun Ahmad Fairuz later became the Chief Justice, the No. 1 judicial post. He retired in November last year.

The scandal forced the government to set up a Royal Commission of Inquiry to investigate. The panel started its hearings on Monday.

In the video clip, Datuk Lingam claimed that he had arranged Tun Ahmad Fairuz's promotions – 'I put him up there'.

He also spoke about how a highly–respected judge, Tan Sri Malek Ahmad, who has since died, was rejected for a higher post because he was 'anti–PM' – an apparent reference to then–prime minister Tun Dr Mahathir Mohamad.

In the video, Datuk Lingam was heard telling the other man in the clip: 'Don't worry. Dzaiddin (the Chief Justice at that time) recommended Malek Ahmad to be Chief Judge of Malaya...I, Tengku Adnan, Vincent went and saw PM lah. Got him thrown out because he is anti–PM.'

Tengku Adnan Mansor, the current Tourism Minister, and tycoon Tan Sri Vincent Tan were allies of Tun Dr Mahathir.

In his testimony yesterday, Tan Sri Samsudin furnished several letters between Tun Dr Mahathir and the then–chief justice Dzaiddin in 2001.

One of the letters confirmed that Tun Dr Mahathir had rejected Tan Sri Malek's name more than once.

Another letter stated that the former prime minister did not accept the names of two lawyers proposed as judges.

The video clip was exposed by former deputy premier Anwar Ibrahim last September. The recording was made without the knowledge of Datuk Lingam, by the son of one of his legal clients, Mr Loh Mui Fah.

Datuk Lingam has refused to acknowledge that it was him in the clip.

The hearing continues today with Tun Dr Mahathir and another former chief justice, Tun Eusoff Chin, slated to take the stand.

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