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 ©New Straits Times (Used by permission)
by V. Anbalagan, V. Vasudevan, Regina Lee, Ridzwan Abdullah and Jennifer
Gomez
• Police report against 3 newspapers
• 'Victim' seeks judicial review
• Video clip is genuine, says panel
• Call to create Judicial Appointments Commission
PUTRAJAYA: The cabinet has ordered the attorney-general to
immediately direct agencies to investigate allegations levelled against six
prominent individuals identified in the Lingam video clip.
Minister in the Prime Minister's Department Datuk Zaid Ibrahim said the six were
former prime minister Tun Dr Mahathir Mohamad, retired chief justices Tun Mohd
Eusoff Chin and Tun Ahmad Fairuz Sheikh Abdul Halim, former minister in the
Prime Minister's Department Datuk Seri Tengku Adnan Tengku Mansor, tycoon Tan
Sri Vincent Tan and prominent lawyer Datuk V.K. Lingam.
The six were among the 21 witnesses who gave evidence before the Royal
Commission of Inquiry into the Lingam video clip.
The clip basically shows Lingam engaged in a conversation over judicial
appointments with Ahmad Fairuz.
During the 17-day hearing between Jan 14 and Feb 15, the public was privy to
some explosive revelations.
Zaid, who is the de facto law minister, said the government
took into account the findings of the commission which had identified and
decided that the 14-minute recording in the clip was authentic and recommended
that appropriate action be taken against individuals identified and were said to
have committed certain offences.
"Following these findings, there is a possibility that offences against the law
have been committed as stipulated in the commission's report," he told a news
conference to announce that the government had decided to make the commission's
report public.
The five-man inquiry panel, led by former chief judge of Malaya Tan Sri Haidar
Mohamed Noor, in its report said there was sufficient cause to invoke the
Sedition Act 1948, the Prevention of Corruption Act 1961, the Legal Profession
Act 1976, the Official Secrets Act 1972 and the Penal Code against some of the
principal individuals involved.
"We do not discount the possibility of other laws being contravened," the report
stated
The commission said the findings have, at the very least, provided the catalyst
for further investigations so that, it hoped, there would be complete
transparency and full accountability.
"This is absolutely essential if we are to wipe out once and for all the stain
of that remark once made by justice N.H. Chan in reference to the judiciary that
'Something is rotten in the State of Denmark'," said the report.
Zaid said the government took into account the findings of the commission which
had identified and decided that the recording in the clip was authentic.
He said the report and recommendations were information and as such an
investigation must be carried out.
Zaid said the cabinet urged the public, including the media, to allow the
investigation process to proceed uninterrupted without undue pressure or any
prejudice against any individuals identified in the report.
Key witnesses:
- Former prime minister Tun Dr Mahathir Mohamad
- Former tourism minister Datuk Seri Tengku Adnan Tengku Mansor
- Retired chief justice Tun Mohamed Eusoff Chin
- Retired chief justice Tun Mohamed Dzaiddin Abdullah
- Retired chief justice Tun Ahmad Fairuz Sheikh Abdul Halim
- Tycoon Tan Sri Vincent Tan
- V.K. Thirunama Karasu (Datuk V.K. Lingam's brother)
- Former secretary G. Jayanti (Lingam's former secretary)
- Loh Gwo Burne (the one who recorded the video clip)
Police report against 3 newspapers
PUTRAJAYA: The Legal Affairs Division of the Prime Minister's Department has
lodged a police report over newspapers' publication of the contents of the Royal
Commission of Inquiry into the Lingam video clip.
The Star on May 10, and the New Straits Times
and Berita Harian yesterday, ran reports on some of the commission's
findings ahead of the government's announcement to make the report public.
The report was lodged by the division's legal adviser at the Putrajaya police
headquarters yesterday.
Putrajaya police chief Supt Abdul Razak Abdul Majid confirmed the report was
lodged.
"I cannot say more because police will be starting their investigations."
Video clip is genuine, says panel
by V. Anbalagan, V. Vasudevan, Regina Lee, Ridzwan Abdullah and Jennifer Gomez
KUALA LUMPUR: The Lingam video clip is genuine. This is among the findings of
the Royal Commission of Inquiry.
The commission was also satisfied that Loh Gwo-Burne, the maker of the clip, had
not faltered in his testimony, which corroborated with the forensic analysis.
It also found that the speaker on the phone was indeed Datuk V.K. Lingam,
despite his denials.
During the testimony, Lingam had said: "It looks like me and sounds like me"
when asked about the image of the person on the phone in the clip.
It was also proven that he was speaking to former chief justice Tun Ahmad Fairuz
in the presence of businessman Loh Mui Fah and his son Gwo-Burne, the reported
added.
This was through Lingam's knowledge of Tun Ahmad Fairuz's
future positions and his elevation, including the rejection of the late Tan Sri
Malek Ahmad for appointment as chief judge of Malaya despite his seniority over
Ahmad Fairuz.
In the video clip, Lingam also told Ahmad Fairuz through the phone: "But you
just keep quiet, don't... say anything... don't tell aaa... even the press ask,
you say leave it to God, that's all."
This was consistent with the statement made by Ahmad Fairuz, which appeared in
an English daily on Nov 11, 2001.
In the third term of reference, the commission found that there was direct
influence by Lingam, Tan Sri Vincent Tan and Datuk Seri Tengku Adnan Tengku
Mansor in the elevation of judges.
In particular, it was the appointment of Ahmad Fairuz as the chief judge of
Malaya and subsequently as Court of Appeal president.
"In the circumstances, we do not find the denial by (then prime minister) Tun Dr
Mahathir Mohamad that he was not influenced by anyone to be entirely
convincing," stated the report.
"There appeared to be deliberate efforts made on the part of Tan, Tengku Adnan
and Lingam, collectively and/or individually to undermine (former chief justice)
Tun Mohd Dzaiddin Abdullah's recommendation to the prime minister to appoint
Malek Ahmad as CJM because they felt that he was, according to Lingam,
'anti-PM'."
Under the fourth term of reference, to determine whether misbehaviour had been
committed, the commission found that "the collective and cumulative actions of
the main character concerned, had the effect of seriously undermining and
eroding the independence and integrity of the judiciary as a whole".
Under its fifth term of reference, to recommend the appropriate action, the
commission stated there was sufficient cause to invoke certain laws, including
the Sedition Act 1948, the Prevention of Corruption Act 1961, the Legal
Profession Act 1976, the Official Secrets Act 1972 and the Penal Code against
some of the principals involved.
Controversial cases with links to Tun Ahmad Fairuz Sheikh Abdul Halim, Tun
Mohd Eusoff Chin, Tan Sri Vincent Tan and Datuk V.K. Lingam
- In 1995, lawyer and now Wangsa Maju MP Wee Choo Keong was removed as Bukit
Bintang MP after an election court decision presided by Ahmad Fairuz.
- Eight years ago, V.K. Lingam was Vincent Tan's counsel in the libel case
against M.G.G. Pillai, in which Pillai lost. It was also the highest defamation
award in history then, totalling RM7 million.
- Also in 1995, in the Ayer Molek rubber company case, the High Court ruled that
the Federal Court panel that heard the case was illegal and unconstitutional.
Lingam was involved in this case.
Call to create Judicial Appointments Commission
by V. Anbalagan, V. Vasudevan, Regina Lee, Ridzwan
Abdullah and Jennifer Gomez
KUALA LUMPUR: The Royal Commission of Inquiry, in its report, made several
recommendations, including the creation of a Judicial Appointments Commission (JAC).
It says ample evidence emerged during its inquiry "which
clearly indicates that there is cause for concern about how judges in the upper
echelons of the judiciary were appointed and the selection criteria employed".
It notes that former prime minister Tun Dr Mahathir Mohamad "boldly stated that
he was at liberty to put up candidates on his own without any prior input from
the chief justice".
The panel, in its report, states that with a commission, the prime minister
would be in a better position to consider the candidates proposed by the JAC.
"Similarly, in terms of promotion for judges to higher levels in the judiciary,
the JAC would have to consider, inter alia, their performance and conduct before
recommending their promotion."
The report opines that with a commission there would be no
need for the prime minister to consult anybody else and that it would be only on
exceptional grounds that he would be inclined to reject the recommendation.
"However, in rejecting the recommendation, the PM would have to give his reasons
in consonance with the norms of the transparency and good governance.
The enquiry report also suggests that the head of the JAC be the chief justice,
being the head of the judiciary.
"We would add further that the besides the president of the Court of Appeal, the
chief judges of the two High Courts are made automatic members.
"Retired chief justices, presidents of Court of Appeal, the chief judges of the
two High Courts and Federal Court judges may also be considered as members.
"We would suggest that for transparency, accountability and good governance and
to give effect to the role of the commission, the appointment of the members,
other than the chairman and the attorney-general, by the Yang di-Pertuan Agong
should be made after consultation with the JAC instead of the chief justice (who
in any event will be chairman, as proposed)."
It also notes that in establishing the JAC, the government would have to
consider local conditions and the racial composition of the country.
The commission, however, argues against the setting up a judicial complaints
tribunal as proposed by the Malaysian Bar Council. It argues that judges are not
public officers and there are adequate legal provisions for action to be taken
against errant judges.
The commission also seeks "meaningful effect" to the roles of the chief judges
of Malaya, and Sabah and Sarawak by having them appointed members of the
Judicial and Legal Service Commission
The commission also recommends that Article 121 (1) of the Federal Constitution
to be amended to its original form.
This provision, which vested the judicial power in the High Courts of Malaya and
Borneo, was amended in 1988.
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