©The
Sunday Times, Singapore (Used by permission)
by Reme Ahmad
Testimony about judge–fixing leaves KL judiciary's reputation in tatters
STORIES about the dubious relationships among some judges,
lawyers and tycoons have floated around Malaysia since the 1990s.
It was not until this year, though, that someone actually summoned the nerve – a
middle–aged woman at that – to provide damning details about corruption in the
country's judiciary.
In fact, Ms G. Jayanti Naidu, 45, implied last week that chummy lawyers and
judges have engaged in questionable practices with an almost arrogant
nonchalance for years.
Her testimony came before the government–backed Royal Commission of Inquiry that
was convened to look into the problem.
A video clip of a lawyer boasting about how he could arrange judges'
appointments through his political and business contacts that surfaced last year
prompted the inquiry's 17–day hearing that wound up on Friday.
The prominent lawyer in the clip appeared to be Datuk V.K. Lingam, the
politically well–connected man that Ms Jayanti had served as a secretary for 13
months during 1994 and 1995.
She finally told her dramatic story in public last week, almost 10 years after
she had first revealed to someone what was going on behind the closed courtroom,
corporate and private law office doors.
In April 1998, Ms Jayanti walked into the office of senior lawyer Shafee
Abdullah with the accusations – and the proof.
She had brought along notes that she said she had drafted for Datuk Lingam in
November or early December 1994 about a libel case involving one of his wealthy
clients. The notes were then used as the judgment in the case by Justice Mokhtar
Sidin.
'I later discovered that the judgment, as written by Datuk V.K. Lingam, was
fully incorporated as the official judgment of the said judge,' she told the
inquiry matter–of–factly last week in a calm, unflappable voice.
It is understood that she chose to meet Datuk Shafee after learning that he was
trying to collect evidence of alleged judicial hanky–panky.
A person close to her told The Sunday Times that Ms Jayanti came forward
in 1998 as a 'concerned citizen'.
What remains unclear was why she or Datuk Shafee waited so long to make the
matter public.
Nevertheless, her testimony has rocked not just legal circles in Malaysia, but
also Malaysians from all walks of life.
Datuk Lingam's client in the case in point was Berjaya Group's Vincent Tan,
listed by Forbes as Malaysia's 14th richest man last year, with assets of US$380
million (S$537 million).
Tan Sri Tan had sued four local journalists of the now–defunct Malaysian
Industry magazine, its editor–in–chief, publisher and the printer for what he
claimed were four libellous articles about him.
As a result of the judgment that Ms Jayanti alleged was in effect supplied by
Tan Sri Tan's own lawyer, Datuk Lingam, the tycoon was awarded RM10 million
(S$4.5 million) in damages in the defamation case, the highest award in a
Malaysian case at the time.
Other apparent evidence supplied by Ms Jayanti of just how cosy Datuk Lingam was
with top judges were photographs showing her former boss and former chief
justice Eusoff Chin on holiday together in New Zealand.
In one, the duo as well as their wives were shown posing for the camera.
Another picture showed Datuk Lingam and Tun Eusoff fishing side by side at New
Zealand's Lake Wakatipu.
These pictures have been splashed in the Malaysian media in recent weeks,
raising eyebrows across the country.
'What Jayanti has said is damaging to the judiciary,' said political analyst
Khoo Kay Peng. 'Reforms are needed, otherwise people will be cynical of the
whole judiciary.'
The video clip that prompted the setting up of the Royal Commission showed a man
purported to be Datuk Lingam apparently speaking on the phone to a judge to
broker appointments in the judiciary.
The man in the video said he had the political and business clout to arrange
judges' appointments.
The video clip was released by opposition leader Anwar Ibrahim last September.
It later came to light at the inquiry that it was inadvertently taped by a young
business consultant who went to Datuk Lingam's house.
The video was posted on video sharing website YouTube, where it has been viewed
170,000 times.
Datuk Lingam later infamously said the man in the video 'looks like me and
sounds like me', but refused to say whether it was indeed him.
Now, an institution that was once largely respected by the public has seen its
reputation badly tarnished. Questions about the judiciary and a government that
allowed such a state of affairs to continue with impunity have been discussed
with a mix of shock, disgust and disbelief.
This being Malaysia, the lighter side of things has also emerged. T–shirts
designed by Mr Patrick Saw that say 'Lingam was speaking to ME!' are hot sellers
at the Central Market Mall in Kuala Lumpur.
Tun Eusoff denied in his testimony at the inquiry that he and Datuk Lingam had
planned the New Zealand holiday. They had merely 'bumped' into each other at
Changi Airport, and Datuk Lingam then 'tagged along', he said.
That gave Mr Saw an idea for another T–shirt message: 'Bumped into him in Changi
(just tagging along).'
Ms Jayanti was the 19th of 21 witnesses to testify.
During Friday's sizzling finale, lawyers for both Tun Eusoff and Datuk Lingam
tried to portray her as someone who was simply out to smear Datuk Lingam as an
act of revenge.
The lawyer had sacked her after accusing her of stealing one million of his
shares in Tan Sri Tan's Berjaya Group, his attorneys said.
Ms Jayanti said she did not commit the theft.
In fact, she had received a call from Datuk Lingam asking her to rejoin his
company two weeks later after the shares were found, she told the inquiry. She
declined and is now a real estate agent.
The Royal Commission said it will submit a report on its findings to the
Malaysian King next month.
In other damaging testimony, Ms Jayanti said she had lodged a report about the
judgment penned by Datuk Lingam with the Anti–Corruption Agency (ACA) in 1994.
But she told the inquiry that an ACA officer told her three months later that
they had to close the file because 'it involved high–ranking officers in the
government'.
'They gave me RM3,000 cash,' she said.
On Friday, the ACA submitted a statutory declaration denying its officers had
told her the case was closed or that she was given any money.
The inquiry also heard evidence from other witnesses that has raised more
questions about the judiciary's integrity.
Datuk Lingam's brother, Mr Thirunama Karasu, revealed that he had driven the
former to Tun Eusoff's home seven or eight times in 1995, possibly to discuss
cases.
The inquiry called on many influential people to testify, including former prime
minister Mahathir Mohamad.
Datuk Lingam himself, Tan Sri Tan and two former chief justices, including Tun
Eusoff, also took the stand.
Giving his testimony last month, Tun Dr Mahathir brushed off suggestions that he
was influenced by others in the people he appointed as judges.
Tun Dr Mahathir was dragged into the storm because many lawyers and political
observers privately blame him for allegedly destroying the integrity of the
judiciary during his 22 years in power.
They claimed the independence of the judiciary began to erode after he sacked
the respected chief justice (then called lord president), Tun Salleh Abbas, and
two Supreme Court justices in 1988.
Although questions have been raised about the judiciary, analysts say they are
not likely to sway many voters against the government in the general election on
March 8.
Most urban voters are too preoccupied with inflation, crime and frayed race
relations, they said.
'If you go to a village and talk about Lingam, they will probably ask you
whether he is an Indian movie star,' said Datuk Wan Farid Salleh, a political
secretary to Prime Minister Abdullah Badawi.
The government is keen to restore credibility to the courts, but villagers are
more concerned about getting developmental aid, he said.
Tan Sri Ramon Navaratnam, president of anti–corruption watchdog Transparency
International, said the judiciary is not beyond redemption despite all the bad
news.
'The government could quickly clean up the slate and tighten the law,' he said.
'The only thing missing seems to be political will.'
Key testimonies
'I listen to the views of people, and even if I do not ask
for it, I get them in conversations during social events, and I take them all
into account. But the final decision is mine.'
FORMER PRIME MINISTER MAHATHIR MOHAMAD, on how he picked judges
'This was in my house, in the privacy of my room. My house is
my castle. I am the king in my house. I can talk whatever rubbish in my house as
long as I don't get drunk and go outside and misbehave in public.'
DATUK LINGAM, on why he said what he said in the video clip
'I don't remember saying that but, if I did, I was
bull–shitting and bragging.'
DATUK LINGAM, on what he said in the video
'He is either mad or drunk.'
TOURISM MINISTER TENGKU ADNAN TENGKU MANSOR, when shown the video of Datuk
Lingam making claims about his political links
'It is ridiculous. You mean the PM (then Prime Minister
Mahathir) calls me to talk about judges? It is a real joke.'
TYCOON TAN SRI VINCENT TAN, who engaged Datuk Lingam in a case that was
entangled in the inquiry
'I don't know what he is talking about.'
RETIRED CHIEF JUSTICE EUSOFF CHIN, when shown the video
'They (Anti–Corruption Agency) told me about three months
later that the file had to be closed because it involved high–ranking officers
in the government. They then gave me RM3,000 cash.'
DATUK LINGAM'S FORMER SECRETARY G. JAYANTI NAIDU, who said she had reported
to the agency about her former boss having penned notes used as a judgment by a
judge in an important case
'I later discovered that the judgment, as written by Datuk
V.K. Lingam, was fully incorporated as the official judgment of the said judge.'
MS JAYANTI
Key characters
THE senior lawyer said the man in the infamous video 'looks like me, sounds like
me'. But was it really him? That he would not say.
Datuk Lingam did tell the inquiry that if it was, he was probably 'bull–shitting
and bragging' about how he could help in the promotion of judges.
The lawyer claimed to be close to current Tourism Minister Tengku Adnan Tengku
Mansor.
Mahathir Mohamad
THE former premier was dragged into the case when Datuk Lingam claimed that he
was able to help get judges promoted because of his connections with then
Minister in the Prime Minister's Department Tengku Adnan. Tun Dr Mahathir said
he made his own decisions when promoting judges. Many lawyers and political
observers blame the former PM for the erosion of judicial independence after he
sacked the respected Lord President, Tun Salleh Abbas, and two Supreme Court
judges in 1988.
Tengku Adnan Tengku Mansor
A FORMER deputy minister and minister in the Prime Minister's Department, he is
widely seen as a confidant of former prime minister Mahathir. Tengku Adnan is
now Tourism Minister.
Vincent Tan Chee Yioun
THE tycoon controls the Berjaya Group (now Berjaya Corp), which has interests in
gaming, stockbroking, properties and hotels and other businesses. Tan Sri Tan
won a libel case against a business magazine in 1994 and was awarded a record
RM10 million (S$4.5 million). Datuk Lingam was his lawyer in the case.
Eusoff Chin
HIS name was mentioned by the man in the video as he bragged of being able to
get judges. But the former chief justice said he did not understand the man's
boasts. Tun Eusoff also noted that the video was made in 2001, but that he had
retired a year earlier.
Tun Eusoff said a holiday with Datuk Lingam in New Zealand was not planned. He
said it came about when his wife 'bumped' into Datuk Lingam and his wife at
Changi Airport, and the lawyer wanted to 'tag along'.
Anwar Ibrahim
THE former deputy prime minister, who is now an opposition leader, released what
has widely become known as the 'Lingam video' last September.
The grainy 14–minute clip shows someone who looks like lawyer V.K. Lingam
speaking on his cellphone about the ease with which he was able to get judges
promoted.
Datuk Seri Anwar refused to say how he came upon the video.
Its release prompted the government to set up the Royal Commission of Inquiry to
probe whether the video was authentic and whether any wrongdoing had occurred.
Loh Gwo Burne
THE business consultant admitted shooting the Lingam video – by accident – while
visiting the lawyer's house with his father in December 2001.
He put the video on a CD and gave it to lawyer Manjit Singh, who has since died.
He said the original is in his personal computer, and he does not know who gave
the video to Datuk Seri Anwar.
G. Jayanti Naidu
She worked as Datuk Lingam's secretary for 13 months from early 1994.
She said she and two other secretaries helped Datuk Lingam draft notes in
November or early December 1994.
These, she said, were used in full by a judge in a favourable judgment for
tycoon Vincent Tan in his libel suit.
Ms Jayanti went to senior lawyer Shafee Abdullah in April 1998 with a copy of
the draft notes of the judgment, as well as photographs and a roll of film
showing Datuk Lingam on holiday with former chief justice Eusoff Chin in New
Zealand.
V. Thirunama Karasu
DATUK Lingam's younger brother said he knew Tan Sri Tan was 'extremely close' to
Datuk Lingam as the lawyer had a photograph of them on a pilgrimage to India.
Mr Thirunama said he drove his brother to Tun Eusoff's house several times at
night. He had also taken several bags and expensive gifts from Datuk Lingam to
Tun Eusoff's house, he said.
His brother even offered to buy a bungalow for Tun Eusoff, who turned it down
because he wanted one with more land, he said.
Datuk Lingam said his brother had mental problems. That is not true, said Mr
Thirunama