News Bar News/Berita Badan Peguam Anwar releases third video clip 
| Anwar releases third video clip |
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| Tuesday, 29 January 2008 08:27am | |
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• Former CJ: I did not call Lingam PETALING JAYA: A third video clip purportedly showing Datuk V.K. Lingam talking about having dinner with and buying an expensive gift for former Chief Justice Tun Mohamed Dzaiddin Abdullah has been released by Parti Keadilan Rakyat adviser Datuk Seri Anwar Ibrahim. The five-minute segment appears to be a continuation of the 14-minute segment the Royal Commission of Inquiry is looking into now. Lingam is seen sitting on a sofa apparently talking to businessman Loh Mui Fah. Commission chairman Tan Sri Haidar Mohd Noor described the revelation as “news” and questioned why Anwar did not forward the tape earlier. He said Anwar should not have disclosed the tape in instalments as the commission had a timeframe to complete its work. In the video, Lingam was asked off-camera about who the Lord President was (at the time of the recording) to which he replied: “Now Chief Justice Dzaiddin. But between you and me, we have taken Dzaiddin for dinner three times. “And we have given him the most expensive gift. Don’t ask about it lah. I have given him and Vincent Tan has given him. So, he also cannot attack us. Tomorrow we go say we give you this, this, this. He cannot go and say you are an agent. Correct or not? So, he is neither here nor there lah. That's all.” Lingam said that when he argued with Dzaiddin in court, the latter (Dzaiddin) was nice and polite to him. “I have been sending cakes every Hari Raya. Vincent has been sending. He can't go and say he is very clean, correct or not?” In the latest clip, Lingam also says he was close to the late Court of Appeal President Tan Sri Wan Adnan Wan Ismail and repeated how he had “helped” former Chief Justice Tun Ahmad Fairuz Sheikh Abdul Halim attain his position. “But he is sometimes a bit scared. I must play shadow from behind. Nobody knows, I know you. Then you can help me more. “But people, see you know more, like Eusoff Chin, because I met him in New Zealand, became a problem. But if I didn't meet him in New Zealand, it's a... no problem. Correct or not? Unfortunate.” The voice off-camera then said: “Then they said you have taken photograph with him holidaying in...” To this, Lingam said: “But unfortunately, I didn't know. The worst thing I didn't know Eusoff Chin put his hand like that! Alamak, so, I also didn't know about it. What to do?” Lingam also said he was meant to have lunch with Eusoff Chin as it was Hari Raya that day. “Do you know today one o'clock, Eusoff Chin having lunch in his house. Hari Raya today. He called me and my wife to come. I told him we don't go today, we make it another day. I don't come but my wife and children will come. You know or not?” Haidar's comments about the latest clip came after Anwar's lawyer, M. Puravalen, said during the inquiry that the clip came into his client's possession over the weekend. Another commissioner, Datuk Mahadev Shankar, remarked: “The previous segments of the video clip was broadcast to the world before it came to us. Now you are saying that he wants to share it with us (the commission) first and not anybody else.” Former CJ: I did not call Lingam KUALA LUMPUR: Tun Ahmad Fairuz Sheikh Abdul Halim had neither called nor given his telephone number to lawyer Datuk V.K. Lingam, tycoon Tan Sri Vincent Tan nor Tourism Minister Datuk Seri Tengku Adnan Tengku Mansor. The former Chief Justice also told the Royal Commission of Inquiry he could not positively identify the person in the video clip as Lingam as he claimed that he did not know the lawyer that well. Below are the excerpts of Ahmad Fairuz's 80-minute testimony as the 14th witness of the inquiry. Leading officer DPP Datuk Azmi Ariffin: Throughout the time before and after you held the post of Chief Judge of Malaya, did you know a lawyer by the name of Datuk V.K. Lingam? Ahmad Fairuz: Yes, I knew him. Azmi: How would you describe your relationship with him? Ahmad Fairuz: I only knew him as a lawyer. Azmi: Do you know Tan Sri Vincent Tan? Ahmad Fairuz: Yes, I do. Azmi: How would you describe your relationship with him? Ahmad Fairuz: I only meet him at official functions at the state and national levels. Azmi: Do you know Datuk Seri Tengku Adnan Tengku Mansor? Ahmad Fairuz: Yes. Azmi: How would you describe your relationship with Datuk Seri Tengku Adnan? Ahmad Fairuz: I only see him at official government events. Azmi: Regarding this inquiry, which has a video clip as the subject matter, do you know of a clip allegedly showing a lawyer brokering the appointment of judges? Ahmad Fairuz: My former secretary drew my attention to this video clip on her computer. It was shown to me but it was not clear and it kept “breaking”. Azmi: After seeing it, do you have an idea who the person in the video clip is? Ahmad Fairuz: I can't identify the person positively because my relationship with Datuk V.K. Lingam is only that of a lawyer (and a judge). So I can't identify him positively. Azmi: Do you know the subject of the conversation in the video clip? Ahmad Fairuz: Because the video clip kept breaking, I couldn't make out the content of the phone conversation. Azmi: If I play the video clip, would you be able to remember? Ahmad Fairuz: Yes. The 14-minute video clip was then played. Azmi: Can you identify the Indian man speaking on the phone who then speaks to a Chinese man after that? Ahmad Fairuz: I can't positively identify him because I've only met him once or twice in court and at the Prime Minister's residence when I visited the Prime Minister's wife. Azmi: Does the person's face and voice resemble Datuk V.K. Lingam? Ahmad Fairuz: There are resemblances. Azmi: According to a previous witness, this video was recorded on Dec 20, 2001. Did you call Datuk V.K. Lingam on Dec 20, 2001 to confirm your position as President of the Court of Appeal? Ahmad Fairuz: No. Azmi: Have you ever had a meeting with Datuk V.K. Lingam, Tan Sri Vincent Tan and Datuk Seri Tengku Adnan to secure your appointment as the President of the Court of Appeal and subsequently, as Chief Justice? Ahmad Fairuz: Never. Azmi: Have you ever sought the help of Datuk Seri Tengku Adnan and Tan Sri Vincent Tan through Datuk V.K. Lingam to confirm your position as the President of the Court of Appeal? Ahmad Fairuz: Never. Azmi: Had there ever been a plan or a pact between you, Datuk V.K. Lingam, Tan Sri Vincent Tan and Datuk Seri Tengku Adnan to ensure your appointment as President of the Court of Appeal and Chief Justice at any time? Ahmad Fairuz: Never. Azmi: (Referring to the portion of the transcript where the Indian man said he was speaking to the Chief Judge of Malaya “Datuk Ahmad Fairuz”) On Dec 20, 2001, you were the Chief Judge of Malaya? Ahmad Fairuz: Yes. Azmi: When the Indian man said “Ahmad Fairuz”, he was referring to you? Ahmad Fairuz: At that time, Datuk Ahmad Fairuz was the Chief Judge of Malaya. Azmi: When the Indian man said you were the next Chief Justice, were you subsequently appointed as the Chief Justice? Ahmad Fairuz: Yes. Azmi: (On the phrase “He is Eusoff Chin's man” from the transcript) In the context of this conversation, was the Indian man referring to “Datuk Ahmad Fairuz” when he said “he”? Ahmad Fairuz: In this context, yes. Azmi: (On the portion of the transcript where the Indian man said Dzaiddin's recommendation of Tan Sri Abdul Malek Ahmad as Chief Judge of Malaya was rejected because the latter was “anti-PM”) Do you know if Tun Dzaiddin ever made such a proposal? Ahmad Fairuz: I didn't know. Azmi: Was the statement made by the Indian man true in that you were appointed as the Chief Judge of Malaya after Tan Sri Abdul Malek was rejected because he was “anti-PM”? Ahmad Fairuz: I don't know. Azmi: (On the portion in the transcript where the Indian man said “Datuk Ahmad Fairuz” rang him to thank him following his appointment as Chief Judge of Malaya). Have you ever called Datuk V.K. Lingam to thank him for his efforts in securing your position as stated in this context? Ahmad Fairuz: Never. After the leading officer finished his questions, the former Chief Justice's counsel Salehuddin Saidin started his examination. Salehuddin: The first time you were shown the clip, did you see anything else? Ahmad Fairuz: In the afternoon, my secretary gave me two documents from Malaysiakini – one was an article with the heading “Video Links Chief Justice To Judge-Fixing Scandal” and the other a “Transcript of V.K. Lingam's Conversation with Ahmad Fairuz.” Salehuddin: When you saw all these, what was your reaction? Ahmad Fairuz: I immediately thought that this was slander (fitnah). Two things crossed my mind – it might be fabrication or the person speaking in the video might be trying to impress some people when the video was recorded. Salehuddin: Did you take any action after getting the articles? Ahmad Fairuz: I read both of them over and over again. The next day, I drafted a letter to the Prime Minister, Deputy Prime Minister and the Minister in the Prime Minister's Department (Datuk Seri Nazri Aziz) to explain my opinion and position on the video. Salehuddin: What was your relationship like with Tun Eusoff Chin? Ahmad Fairuz: He was my chief, I was a judge. Salehuddin: (Referring to the portion of the transcript about a memo on the appointment of judges) Have you ever prepared a memo with the person said to be Datuk V.K. Lingam? Ahmad Fairuz: Never. Salehuddin: Do you know Wee Choo Keong? Ahmad Fairuz: He is a lawyer and I've heard his case before in 1995, that's all. I've also seen him at official functions. Salehuddin: When you were a High Court judge, you heard the election petition involving Wee in 1995? Ahmad Fairuz: Yes. Salehuddin: Who appointed you as the election judge? Ahmad Fairuz: As far as I know, the Chief Judge of Malaya appointed election judges. Salehuddin: Who was the Chief Judge of Malaya then? Ahmad Fairuz: Tan Sri Anuar (Zainal Abidin) if I recall correctly. Salehuddin: So Tan Sri Anuar appointed you to hear the petition? Ahmad Fairuz: If I'm not mistaken, yes. Salehuddin: (Referring to the transcript) Were you the man talking to the Indian man in the video at that time? Ahmad Fairuz: No. Salehuddin: So him claiming it was “Ahmad Fairuz” is not true? Ahmad Fairuz: It's not true. Salehuddin: Since you denied all the facts from the transcript, do you have any idea why this Indian man said to be Datuk V.K. Lingam implicated you as the person he was speaking to? Ahmad Fairuz: I don't know. I don't know why he did such a thing. Former CJ: I did not call Lingam KUALA LUMPUR: Tun Ahmad Fairuz Sheikh Abdul Halim had neither called nor given his telephone number to lawyer Datuk V.K. Lingam, tycoon Tan Sri Vincent Tan nor Tourism Minister Datuk Seri Tengku Adnan Tengku Mansor. The former Chief Justice also told the Royal Commission of Inquiry he could not positively identify the person in the video clip as Lingam as he claimed that he did not know the lawyer that well. Below are the excerpts of Ahmad Fairuz's 80-minute testimony as the 14th witness of the inquiry. Leading officer DPP Datuk Azmi Ariffin: Throughout the time before and after you held the post of Chief Judge of Malaya, did you know a lawyer by the name of Datuk V.K. Lingam? Ahmad Fairuz: Yes, I knew him. Azmi: How would you describe your relationship with him? Ahmad Fairuz: I only knew him as a lawyer. Azmi: Do you know Tan Sri Vincent Tan? Ahmad Fairuz: Yes, I do. Azmi: How would you describe your relationship with him? Ahmad Fairuz: I only meet him at official functions at the state and national levels. Azmi: Do you know Datuk Seri Tengku Adnan Tengku Mansor? Ahmad Fairuz: Yes. Azmi: How would you describe your relationship with Datuk Seri Tengku Adnan? Ahmad Fairuz: I only see him at official government events. Azmi: Regarding this inquiry, which has a video clip as the subject matter, do you know of a clip allegedly showing a lawyer brokering the appointment of judges? Ahmad Fairuz: My former secretary drew my attention to this video clip on her computer. It was shown to me but it was not clear and it kept “breaking”. Azmi: After seeing it, do you have an idea who the person in the video clip is? Ahmad Fairuz: I can't identify the person positively because my relationship with Datuk V.K. Lingam is only that of a lawyer (and a judge). So I can't identify him positively. Azmi: Do you know the subject of the conversation in the video clip? Ahmad Fairuz: Because the video clip kept breaking, I couldn't make out the content of the phone conversation. Azmi: If I play the video clip, would you be able to remember? Ahmad Fairuz: Yes. The 14-minute video clip was then played. Azmi: Can you identify the Indian man speaking on the phone who then speaks to a Chinese man after that? Ahmad Fairuz: I can't positively identify him because I've only met him once or twice in court and at the Prime Minister's residence when I visited the Prime Minister's wife. Azmi: Does the person's face and voice resemble Datuk V.K. Lingam? Ahmad Fairuz: There are resemblances. Azmi: According to a previous witness, this video was recorded on Dec 20, 2001. Did you call Datuk V.K. Lingam on Dec 20, 2001 to confirm your position as President of the Court of Appeal? Ahmad Fairuz: No. Azmi: Have you ever had a meeting with Datuk V.K. Lingam, Tan Sri Vincent Tan and Datuk Seri Tengku Adnan to secure your appointment as the President of the Court of Appeal and subsequently, as Chief Justice? Ahmad Fairuz: Never. Azmi: Have you ever sought the help of Datuk Seri Tengku Adnan and Tan Sri Vincent Tan through Datuk V.K. Lingam to confirm your position as the President of the Court of Appeal? Ahmad Fairuz: Never. Azmi: Had there ever been a plan or a pact between you, Datuk V.K. Lingam, Tan Sri Vincent Tan and Datuk Seri Tengku Adnan to ensure your appointment as President of the Court of Appeal and Chief Justice at any time? Ahmad Fairuz: Never. Azmi: (Referring to the portion of the transcript where the Indian man said he was speaking to the Chief Judge of Malaya “Datuk Ahmad Fairuz”) On Dec 20, 2001, you were the Chief Judge of Malaya? Ahmad Fairuz: Yes. Azmi: When the Indian man said “Ahmad Fairuz”, he was referring to you? Ahmad Fairuz: At that time, Datuk Ahmad Fairuz was the Chief Judge of Malaya. Azmi: When the Indian man said you were the next Chief Justice, were you subsequently appointed as the Chief Justice? Ahmad Fairuz: Yes. Azmi: (On the phrase “He is Eusoff Chin's man” from the transcript) In the context of this conversation, was the Indian man referring to “Datuk Ahmad Fairuz” when he said “he”? Ahmad Fairuz: In this context, yes. Azmi: (On the portion of the transcript where the Indian man said Dzaiddin's recommendation of Tan Sri Abdul Malek Ahmad as Chief Judge of Malaya was rejected because the latter was “anti-PM”) Do you know if Tun Dzaiddin ever made such a proposal? Ahmad Fairuz: I didn't know. Azmi: Was the statement made by the Indian man true in that you were appointed as the Chief Judge of Malaya after Tan Sri Abdul Malek was rejected because he was “anti-PM”? Ahmad Fairuz: I don't know. Azmi: (On the portion in the transcript where the Indian man said “Datuk Ahmad Fairuz” rang him to thank him following his appointment as Chief Judge of Malaya) Have you ever called Datuk V.K. Lingam to thank him for his efforts in securing your position as stated in this context? Ahmad Fairuz: Never. After the leading officer finished his questions, the former Chief Justice's counsel Salehuddin Saidin started his examination. Salehuddin: The first time you were shown the clip, did you see anything else? Ahmad Fairuz: In the afternoon, my secretary gave me two documents from Malaysiakini – one was an article with the heading “Video Links Chief Justice To Judge-Fixing Scandal” and the other a “Transcript of V.K. Lingam's Conversation with Ahmad Fairuz.” Salehuddin: When you saw all these, what was your reaction? Ahmad Fairuz: I immediately thought that this was slander (fitnah). Two things crossed my mind – it might be fabrication or the person speaking in the video might be trying to impress some people when the video was recorded. Salehuddin: Did you take any action after getting the articles? Ahmad Fairuz: I read both of them over and over again. The next day, I drafted a letter to the Prime Minister, Deputy Prime Minister and the Minister in the Prime Minister's Department (Datuk Seri Nazri Aziz) to explain my opinion and position on the video. Salehuddin: What was your relationship like with Tun Eusoff Chin? Ahmad Fairuz: He was my chief, I was a judge. Salehuddin: (Referring to the portion of the transcript about a memo on the appointment of judges) Have you ever prepared a memo with the person said to be Datuk V.K. Lingam? Ahmad Fairuz: Never. Salehuddin: Do you know Wee Choo Keong? Ahmad Fairuz: He is a lawyer and I've heard his case before in 1995, that's all. I've also seen him at official functions. Salehuddin: When you were a High Court judge, you heard the election petition involving Wee in 1995? Ahmad Fairuz: Yes. Salehuddin: Who appointed you as the election judge? Ahmad Fairuz: As far as I know, the Chief Judge of Malaya appointed election judges. Salehuddin: Who was the Chief Judge of Malaya then? Ahmad Fairuz: Tan Sri Anuar (Zainal Abidin) if I recall correctly. Salehuddin: So Tan Sri Anuar appointed you to hear the petition? Ahmad Fairuz: If I'm not mistaken, yes. Salehuddin: (Referring to the transcript) Were you the man talking to the Indian man in the video at that time? Ahmad Fairuz: No. Salehuddin: So him claiming it was “Ahmad Fairuz” is not true? Ahmad Fairuz: It's not true. Salehuddin: Since you denied all the facts from the transcript, do you have any idea why this Indian man said to be Datuk V.K. Lingam implicated you as the person he was speaking to? Ahmad Fairuz: I don't know. I don't know why he did such a thing. Lingam drops bombshell KUALA LUMPUR: Lawyer Datuk V.K. Lingam dropped a bombshell at the inquiry when he revealed that Malaysian Bar counsel Robert Lazar had asked him in 2000 to broker his appointment directly to the Court of Appeal. Lingam said Lazar did not want to be made a Judicial Commissioner (JC) or High Court judge first. The lawyer threw the surprise during questioning by Mohamad Fozi Md Zain, a counsel for former Chief Justice Tun Eusoff Chin. Fozi: Has anyone approached you to see Tun Eusoff for an appointment as either JC or judge? Lingam: Someone approached me for help for elevation to the Court of Appeal directly but not to speak to Tun Eusoff but to Dr Mahathir. He said if it was through Tun Eusoff he would have to serve as JC or judge first. Commission chairman Tan Sri Haidar Mohd Noor: Was it during Tun Eusoff’s regime? Lingam: Yes. Fozi: What happened then? Lingam: I told the person I did not know Dr Mahathir. He then told me to speak to Mirzan (one of Dr Mahathir’s sons). I told him he’s my client, not my friend. He appealed to me several times but I told him I could not help him. Later, Malaysian Bar’s counsel Ranjit Singh asked Lingam whether the person he was referring to was a lawyer, to which Lingam said: “Yes”. Ranjit: Do you know why this lawyer had the impression that you could get him appointed as JC or judge by speaking to Dr Mahathir? Lingam: I guess this person was desperate. He wants to be like (Court of Appeal judge Datuk) Gopal Sri Ram, who set the precedent. He wants to go directly to the Court of Appeal. That person was acting for the other side in the Mirzan case. His name is Robert Lazar from Shearn Delamore. After the case we had a drink, and he made his case to me. That was in early 2000. Later, Yeo Yang Poh, another counsel for the Bar applied for Lazar to be allowed to testify to clarify Lingam’s allegations. Commission member Datuk Mahadev Shankar asked whether Lazar was around at that juncture. Yeo: He is engaged in a High Court matter and in the afternoon he will be in Shah Alam. He will be available tomorrow. Haidar: Okay. We’ll call him tomorrow. During Lingam’s testimony, he was also asked about allegations made by his brother Thirunama Karasu, all of which he vehemently denied. Among the allegations were: > he had been asked by Lingam to send some files to Eusoff’s house in early 1995. > around October 1995, he was instructed by Lingam to hand over the keys for the house No 2, SS1/38, Kg Tunku, Petaling Jaya, to Eusoff – who was at Lingam’s house with his wife. But the former Chief Justice was not happy and told Lingam he wanted a bigger piece of land to build a house of his own choice. > Lingam had purchased an Italian-made handbag and wallet for Eusoff on or about 1996. > Lingam had purchased RM1,200 worth of handphones from Mutiara Telecommunication at Lot 1, Level 1, Shahzan Prudential Tower, No. 30, Jalan Sultan Ismail, Kuala Lumpur for Tun Eusoff on or about January to March 1996. Eusoff: Lingam asked to tag along for fishing trip at Lake Wakatipu KUALA LUMPUR: Lawyer Datuk V.K. Lingam had asked former Chief Justice Tun Eusoff Chin if he could tag along during a fishing trip in Lake Wakatipu in Queenstown, New Zealand. Eusoff told the Royal Commission of Inquiry that Queenstown was a small place that was slightly bigger than a village and there was nothing much to do. “My family and I were walking around and I suddenly saw this place, where there were many boats for hire at a reasonable fare. “When I finished filling up the forms, I realised Lingam was behind me. He said ‘Where are you going? Can I come along? He then asked the boatman how many people can ride on the boat’,” he said. At this juncture, Ranjit Singh, counsel for the Malaysian Bar, asked if Lingam and his family were walking around together with them. “If Lingam was not walking with you, how did he tag along for the trip? Are you suggesting that it was another coincidence?” he asked. Eusoff denied that Lingam and his family were walking with him. He said Lingam could have spotted him at the pier as Queenstown was a small place. He also said he did not know why his holiday itinerary was sent to a person by the name of Jeyanthi instead of his own secretary. (In his testimony, Lingam had confirmed that he had a secretary by that name). Eusoff said it was a procedure for him to hand out a circular that he was going on a holiday to inform the judges of his replacement. Loh: I have asked son to recover all recordings KUALA LUMPUR: Businessman Loh Mui Fah will ask his son Gwo Burne to recover all possible video recording of the events that took place at lawyer Datuk V.K. Lingam’s house on Dec 20, 2001. He said that this was due to the appearance of another clip of the video recording by his son that evening. “I have yet to view this new clip, I have asked Gwo Burne (who recorded the Lingam video clip) to do everything possible to recover his records,” he said in a statement released by his counsel Americk Sidhu outside the courtroom yesterday. Loh said that by doing so it would ensure that the Royal Commission of Inquiry would not be disrupted by possible further revelations of other clips taken that evening. “I believe that production of the recordings may further assist the commission in its task,” he added. Parti Keadilan Rakyat adviser Datuk Seri Anwar Ibrahim had yesterday revealed a third video clip showing Lingam talking about having dinner with and buying an expensive gift for former Chief Justice Tun Mohamed Dzaiddin. The five-minute segment appears to be a continuation of the 14-minute segment the Royal Commission is looking into now. The current clip purportedly shows a lawyer brokering the appointment of judges over a mobile phone. Thirunama can testify KUALA LUMPUR: The Royal Commission of Inquiry has allowed V. Thirunama Karasu to testify on the closeness of the relationship between his elder brother Datuk V.K. Lingam and former Chief Justice Tun Mohamed Eusoff Chin. The commission has, however, barred the contractor from testifying on all the purported evidence contained in his 21-page statement submitted to the panel earlier for consideration. “In their testimonies, we have so far heard Tun Eusoff and Lingam deny on oath their relationship was close and sought to give the impression that the interaction was a casual one and purely accidental. “We permitted the adduction of evidence with numerous photographs tendered to show that the relationship was far from being a casual one and it tended to show otherwise. “But, that was in 1995, some six years before December 2001 when the video clip was made. “We are allowing the witness to testify because his evidence could tend to show that the content in the transcript is true,” commission member Datuk Mahadev Shankar ruled. He added that the evidence would have a bearing on the inquiry’s terms of reference relating to the issue of misconduct in brokering the appointment of judges. The commission also ruled that it was not necessary at this stage to let Parti Keadilan Rakyat adviser Datuk Seri Anwar Ibrahim, its vice-president R. Sivarasa and coordinator Sim Tze Tzin to testify. Commission chairman Tan Sri Haidar Mohd Noor said the commission saw no need to call the three of them as their evidence was not directly related to the inquiry. On Friday, the five-member panel heard submissions behind closed doors so as to prevent baseless and wild allegations from making their way into the news before their relevance to the inquiry was determined. Set as favourite Share Email This Comments (0)
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Circular No 297/2008
