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©The Star (Used by permission)
by Eddie Chua

• Haidar heads royal panel
• Chronology of events in the videoclip case
• Lingam ready to face panel
• Four royal panels in 90s

KUALA LUMPUR: Lawyer Datuk V.K. Lingam, who was questioned by the Anti-Corruption Agency (ACA) in connection with a videoclip showing someone allegedly brokering the appointment of judges, said he was ready to face the Royal Commission of Inquiry formed to ascertain the authenticity of the clip.

“I am ready to face the commission anytime, if I am called. I will cooperate with the commission in accordance with the rule of the law,” he said yesterday.

The ACA headquarters grilled Lingam for about five hours on Nov 21. A day earlier, his younger brother, Thirunama Karasu, was questioned by the ACA on the source of the videoclip and other matters.

Thirunama had lodged two police reports against Lingam on March 16 and 19, in which the former alleged corruption involving retired judges, retired top court officials and a former high-ranking police officer.

Lingam denied the allegations, adding that the ACA had cleared him of all the claims in 1998.

He also claimed that his brother had a health problem and had been admitted to hospitals.

Lingam said he would break his silence on the videoclip “only at the right forum”. Lingam was also reported to have said that he did not know who filmed the clip.

Haidar heads royal panel

KUALA LUMPUR: Former Chief Judge of Malaya Tan Sri Haidar Mohd Noor, who chaired the three-man independent panel of inquiry into the infamous videoclip purportedly showing a leading lawyer brokering the appointment of judges, has been appointed chairman of the Royal Commission of Inquiry into the clip.

The Yang di-Pertuan Agong has also consented to the appointment of retired Court of Appeal Judge Datuk Mahadev Shankar, who also served on the earlier panel.

The other members of the commission are former Chief Judge of Sabah and Sarawak Tan Sri Steve Shim Lip Kiong, former Solicitor-General Puan Sri Zaitun Zawiyah Puteh and Suhakam commissioner and Professor Emeritus Datuk Dr Khoo Kay Kim.

Serving as secretary is Datuk Abdullah Sani, the director-general of the Legal Affairs Division in the Prime Minister’s Department.

The commission has three months to complete its work.

The PM’s office said in a statement yesterday that the Cabinet had agreed on Dec 5 to present to the King for his consent, the names of the commission members, the terms of reference and the duration of the enquiry.

The King consented to the establishment of the commission with effect from yesterday.

The commission’s terms of reference are:

> To enquire and ascertain the authenticity of the videoclip;

> To enquire and identify the speaker, the person he was speaking to and the persons mentioned in the conversation;

> To enquire and ascertain the truth of the content of the conversation;

> To determine whether any act of misbehaviour has been committed by persons identified or mentioned in the clip; and

> To recommend appropriate action against those found to have committed any misbehaviour.

Noting that the commission was established under the Commissions of Enquiry Act, Haidar said that it could subpoena witnesses and take evidence under oath.

Dr Khoo said in an interview from Terengganu that the establishment of the commission showed the Government was serious about addressing the matter.

“I will do my best to see that everything is done correctly so the public will not be dissatisfied,” said the only non-lawyer on the panel.

“I have not seen anything; my knowledge on this is confined to newspaper reports,” he said when asked whether he had read the independent panel’s report since the commission’s first term of reference was also to inquire into the authenticity of the videoclip.

“We are lay people and we will need expert opinion to help us with the technology aspect of the inquiry,” said Dr Khoo.

On Nov 16, Prime Minister Datuk Seri Abdullah Ahmad Badawi announced that a Royal Commission would be established to inquire into the videoclip that was made public in September.

He said the decision to form the commission was based on the reports of the independent panel – comprising Haidar, Shankar and social activist Tan Sri Lee Lam Thye – which was set up to determine the authenticity of the videoclip.

Chronology of events in the videoclip case

Sept 19, 2007: Parti Keadilan Rakyat de facto leader Datuk Seri Anwar Ibrahim makes public eight minutes and 26 seconds of a 14-minute 16-second video recording showing a prominent lawyer purportedly brokering the appointment and promotion of judges with a senior judge.

Sept 20: Parti Keadilan Rakyat vice-president Sivarasa Rasiah lodges a report with the Anti-Corruption Agency on the video.

Sept 25: Deputy Prime Minister Datuk Seri Najib Razak announces the formation of an independent panel comprising former Chief Judge of Malaya Tan Sri Haidar Mohd Noor, former Court of Appeal judge Datuk Mahadev Shankar and social activist Tan Sri Lee Lam Thye.

Sept 26: Some 2,000 lawyers and others take part in a “Walk for Justice” in Putrajaya to present two memoranda to Prime Minister Datuk Seri Abdullah Ahmad Badawi: one calling for a Royal Commission of Inquiry into the clip and another for setting up a Judicial Commission for Appointments and Promotions.

Oct 3: Panel meets for the first time.

Nov 6: Panel announces it has completed its work and that each member will be submitting individual reports to the Chief Secretary to the Government.

Nov 11: Parti Keadilan Rakyat releases second segment of the videoclip.

Nov 16: Prime Minister announces a Royal Commission will be set up based on the findings of the panel. He adds that the members and terms of reference will be announced later.

Four royal panels in 90s

KUALA LUMPUR: A Royal Commission is set up under the Commissions of Enquiry Act 1950.

Its inquiry is akin to a judicial proceeding under the Penal Code. Commissioners have the power to procure evidence, summon and examine witnesses under oath, issue warrants of arrest and impose fines.

Under Section 11, no evidence taken under this Act shall be admissible in any civil or criminal proceedings whatsoever against the person who gave the evidence, except when the person is charged with giving false or fabricating evidence.

There have been several royal commissions in Malaysia’s history. The following were set up since the 1990s:

> 1991 – A three-man commission inquired into the explosion at the Bright Sparklers fireworks factory in Sungai Buloh that resulted in 22 dead, 103 injured and destruction and damage to property.

The late President of the Court of Appeal Tan Sri Wan Adnan Wan Ismail (then a High Court judge) was chairman. Fellow members included Datuk Dr Chatar Singh and Thin Choon Chai;

> 1999 – A three-man commission was established to investigate the injuries sustained by former Deputy Prime Minister Datuk Seri Anwar Ibrahim while in police custody. Former Chief Judge of Malaya Tan Sri Anuar Zainal Abidin chaired.

His fellow panellists were former Court of Appeal Judge Datuk Mahadev Shankar and Pantai Medical Centre consultant orthopaedic surgeon Datuk Dr Yeoh Poh Hong. Former Attorney-General Tan Sri Abu Talib Othman was appointed special investigator;

> 2004 – A 16-member commission to enhance the operations and management of the police force was set up. Chaired by former Chief Justice Tun Dzaiddin Abdullah, it was given one year to come up with recommendations to rectify weaknesses, modernise operations and enhance public confidence.

The commission members, coming from a wide spectrum of society, later asked for and got an extra six months to complete the job which had included conducting public hearings nationwide; and

> 2005 – A four-member commission was given 30 days to inquire into the standard operating procedure, approaches or regulations in the handling of body search by the police resulting from a videoclip of a woman forced to perform ear squats in the nude. Dzaiddin chaired the panel.

Former MCA deputy president Tan Sri Lim Ah Lek, former Bar Council chairman Datuk Kuthubul Zaman Bukhari, Wanita Umno legal bureau chief Datuk Kamilia Ibrahim were members while Internal Security Ministry deputy secretary-general Datuk Hamzah Md Rus acted as commission secretary.

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