•
Faulty mikes mar first day of inquiry
©New
Straits Times (Used by permission)
• 3 members see no reason to step down
• 'Video shot in Lingam's living room'
• Samsudin Osman among witnesses
• 'You don't tell this to anybody, please'
KUALA LUMPUR: A conversation between a lawyer and an unidentified person in the "Lingam tape" issue has raised a perception of misconduct in the appointment of judges.
Deputy public prosecutor Datuk Nordin Hassan said names of distinguished members of the executive, judiciary and a corporate figure were mentioned in the telephone conversation.
"Our task and responsibility is to assist this commission to reach a decision on
the terms of reference regarding the video clip recording," he said in his
opening speech.
The clip allegedly showed a lawyer speaking on his mobile phone about the
appointment of judges.
"In carrying out this duty, we have overseen an investigation and endeavour to
present the results which we believe will be of assistance to this commission."
Nordin said a complaint was lodged with the Anti–Corruption
Agency on Sept 20 last year regarding the clip and in the course of
investigations, statements were recorded from witnesses.
Earlier, lawyer R. Thayalan, who is appearing for Datuk V.K. Lingam, brought to
the attention of the commission the fact that businessman Loh Mui Fah had shown
disrespect to the commission by giving an interview to the New Sunday Times
and to an Internet news portal.
"The interviews were intended and calculated to prejudice the hearing," he said.
Thayalan said Loh, knowing very well that his story would be published, timed
the interview just a day before the inquiry started.
Commission member Datuk Mahadev Shankar asked the lawyer whether that was an act
of disrespect. Thayalan said Loh went into details which he should have revealed
before the commission.
Shankar said the interview published was that of the words of the reporter.
The lawyer said that the commission must determine the authenticity of the clip
first before calling witnesses. "We must establish that the recording was not
doctored."
Commission chairman Tan Sri Haidar Mohamed Noor said the panel had taken note of
the lawyer's complaint but would proceed with calling witnesses.
Loh, who was present in court, will give his evidence today, followed by
information technology expert Mohd Zabri Adil Talib, lawyer R. Sivarasa and
Parti Keadilan Rakyat co–ordinator Sim Tze Tzin, both of whom lodged reports
with the ACA.
Parti Keadilan Rakyat adviser Datuk Seri Anwar Ibrahim is expected to testify in
the afternoon.
3 members see no reason to step down
by V. Anbalagan and Anis Ibrahim
KUALA LUMPUR: Three members of the Royal Commission of Inquiry into the "Lingam
tape" issue refused to recuse (disqualify) themselves from the hearing yesterday
despite objections from a lawyer.
Chairman Tan Sri Haidar Mohamed Noor, Tan Sri Steve Shim Lip
Kiong and Puan Sri Zaitun Zawiyah Puteh declined to do so after an application
by M. Puravalen, lead counsel for Parti Keadilan Rakyat de facto leader Datuk
Seri Anwar Ibrahim.
Bar Council lawyer Robert Lazar also applied to disqualify Haidar and Shim,
advocating similar grounds as Puravalen.
Puravalen claimed there was a likelihood of bias as Haidar was a trustee of the
Perdana Foundation headed by a witness, former prime minister Tun Dr Mahathir
Mohamad, a point that the former chief judge of Malaya refuted.
Haidar said there was little contact between him and Dr Mahathir.
"I attend the meetings once a year, so there is very little
interaction between the two of us."
Puravalen had said that there might be a perception of bias among members of the
public if Haidar continued to head the commission.
"Another witness who was also mentioned several times in the video is
businessman Tan Sri Vincent Tan. He is also a trustee of the Perdana
Foundation."
On Shim's recusal, Puravalen said the former chief judge of Sabah and Sarawak
was also mentioned in the video clip.
"(Shim) was said to have obtained his Tan Sri title before another person. There
is a possibility that he (Shim) will be called as a witness to explain how he
got his title that quickly."
Shim rejected this claim, saying he also did not see the need to recuse himself.
"I am not convinced at this point in time that I should recuse myself, but I am
prepared to do so if there are further developments during the proceedings which
may put me in such a position."
He added: "In my experience as a judge, I have always taken the initiative to
recuse myself if there are good grounds for doing so rather than wait for an
application to be made."
Puravalen said former solicitor–general Zawiyah should withdraw as she had been
involved in some of Anwar's cases as senior federal counsel.
Zawiyah said she had merely been doing her duties as a government servant.
"The decisions in those cases were made by the court, not by me."
'Video shot in Lingam's living room'
KUALA LUMPUR: A 14–minute video clip allegedly featuring Datuk V.K. Lingam
purportedly brokering judicial appointments with a judge was taken in his living
room.
Anti–Corruption Agency investigating officer Chuah Lay Choo
told a Royal Commission of Inquiry into the matter that this was her conclusion
after comparing the clip and several photographs taken at the lawyer's home.
Chuah, 52, the second witness to take the stand, said she received the clip from
ACA officer Wan Zulkifli Wan Jusoh, of the forensic computer unit, on Dec 19
last year.
The witness said she had viewed the contents of the clip.
At this juncture, deputy public prosecutor Datuk Nordin Hassan, one of the two
officers assisting in the inquiry, applied to commission chairman Tan Sri Haidar
Mohamed Noor to play the clip.
Commission members were in deep concentration as they viewed
the clip from their respective computer monitors.
There was also pin–drop silence in court as others viewed the clip from screens
whose audio and video functions were clear and sharp.
Nordin: You have seen the clip in court. Is this the same clip that you had
viewed earlier?
Chuah: Yes.
Continuing with her testimony, Chuah said she then prepared a transcript of the
conversation from the clip.
She said she instructed another ACA officer, Shahadan Mohd Yatim, to go to
Lingam's house in Kelana Jaya to take photographs.
"I told him to take photographs of the living room and other relevant locations
that resemble those in the clip," she said.
To another question from Nordin, Chuah said she had seen photographs taken by
Shahadan, and that she had also gone to Lingam's house to view the living room.
Nordin: Did you do a comparison after viewing the clip and photographs?
Chuah: Yes.
Nordin: Is there any similarity between the clip and photographs taken by
Shahadan?
Chuah: Yes.
Nordin: As the investigating officer, what is your conclusion about the clip and
photographs?
Chuah: The clip was taken at the same place where the photographs were taken.
She said Wan Zulkifli sent the clip to a cyber security agency for
authentication.
Chuah later told lawyer R. Thayalan, who is appearing for Lingam, that the clip
was not the original and that only a copy was sent to the agency.
Samsudin Osman among witnesses
KUALA LUMPUR: Former chief secretary to the government, Tan Sri Samsudin Osman,
is on the final list of witnesses for the Royal Commission of Inquiry into the
Lingam video clip.
At the time the video was recorded in December 2001, the
Employees' Provident Fund chairman had been chief secretary for 11 months. He
remained in the post until September 2006.
Other new witnesses include Wan Zulkifli Wan Jusoh, Chuah Lay Choo and Shahadan
Mohd Yatim from the Anti–Corruption Agency, Mohd Zabri Adil Talib from
CyberSecurity Malaysia, Parti Keadilan Rakyat co–ordinator Sim Tze Tzin and
Pushpa Al Bakri Devadason.
Pushpa is the deputy director of the personnel department in the Federal Court.
'You don't tell this to anybody, please'
I TOLD Tengku Adnan yesterday I had a meeting with him. He said PM is very angry with him ... And he said no problem, he is going to make you ... acting or ... aaa ... confirm your position as PCA ...
Working very hard and then get Tan Sri Mohtar as the CJM lah.
Ah, so we just keep it confidential. I'm working very hard on it.
Then, there is a letter. According to Tengku, I'm going to see him tomorrow,
there is a letter sent to ah ... CJ ... I mean to Tan Sri Dzaiddin that Datuk
Heliliah, Datuk Ali ... and Datuk Ramli and Datuk Maarop be made judges ... and
ah ... he rejected ah ... that Dr Andrew Chew and apa itu, Zainuddin Ismail lah
because Zainuddin Ismail who condemned your appointment and Tan Sri Mohtar's
appointment.
And as per our memo, I ... I discussed with Tun Eusoff Chin and we sent the same
memo to PM. So I just want to get a copy letter just to confirm this has been
done. And then ahh... Tan Sri Dzaiddin said he is going to recommend for six
people for... Court of Appeal... but until today the letter hasn't come to PM.
He never discussed, but neither has he sent the letter to PM. A tough time ah?
Ah, so OK. Actually, I told Tengku Adnan to inform PM, PM to call you for a
meeting. But I ... I will organise this so that Tengku Adnan will call you
directly ... and then I got your number. I will tell him to call you directly to
arrange for you to meet PM lah. Ah so should be OK.
Then ah ... correct, correct, correct, correct. Ah correct, correct. You know
that the same problem Tun Eusoff Chin had ... He tried to do all this and ...
yet he had run out of soldiers. He couldn't do it because many were on the other
camp. You know but the last time was unfortunate because Tun Daim was doing
everything, sabotaging ... you know ... ah ...
So otherwise, how are things with you Datuk ... everything OK? No don't worry,
you know ... sometimes Tan Sri Vincent say half the time we are talking about
judiciary rather than doing the work. But if I don't do this part ... my work
will be useless. Ha! Ha! Ha! Yes, correct, correct, correct.
You see he has now asked for six Court of Appeal judges, so that he can put his
men before he retires. Correct, correct, correct. But never mind, I will do
this. I will get the ... Tengku Adnan to arrange for PM to call you and Tan Sri
Vincent Tan ... for PM to call.
You know actually I am very grateful to Tan Sri Vincent Tan. You know why, I ...
I brainwashed him so much. I even quarrelled with him. One day I went to Vincent
Tan's house, I fired him ... him at night in the house. I said bloody hell if
you don't do this, who will do it?
All these people, Tun Eusoff Chin, Datuk Ahmad Fairuz, Tan Sri Zainon all fought
for us. Then he called Tengku Adnan. I told Tengku Adnan. He said, saya bukan
Perdana Menteri Malaysia lah, you know, if the old man don't want to listen to
me, go to hell. He quarrelled with me.
I said, never mind, never mind, you don't Tan Sri, you talk to PM again tomorrow
morning, put Datuk Ahmad Fairuz as CJM. So next day morning he went and he
called me back 9.30, he said the PM already agree. So I said never mind. We hope
for the best. So, I said no harm trying. The worse it can happen is you lose.
If Tan Sri Vincent and Tengku Adnan want to meet you privately, they will ... I
will get them to ... I will call you. We will organise a private arrangement...
in a very neutral place. No don't worry the... Datuk, I know how much you
suffered for Tun Eusoff Chin ... and Tun said Datuk Ahmad Fairuz ... 100 per
cent loyalty.
We want to make sure our friends are there for the sake of the PM and for the
sake of the country. Not for our own interest, not for our own interest. We want
to make sure the country comes out well.
You suffered so much, so much you have done. You know, for the election
petition, Wee Choo Keong, everything. OK Datuk, all the very best ... God bless
you and your family. OK, thank you. Bye, bye, bye."
Chinese man: Who is this man?
Indian man: Chief Judge Malaya.
Chinese man: Who is that?
Indian man: Datuk Ahmad Fairuz.
Chinese man: Oh, Ahmad Fairuz.
Indian man: I put him up there. You don't tell this to anybody, please. I cannot
tell this to Manjit.
Chinese man: Ah.
Indian man: And he is acting president Court of Appeal, number two post. He is
next Chief Justice. He always says I leave it to you.
Chinese man: I thought you were very close to Tun Eusoff Chin... Datuk?
Indian man: He's Eusoff Chin's man. Eusoff Chin he's already retired. But...
Dzaiddin hates Eusoff Chin, you understand?
Chinese man: Ah
Indian man: Ah
Chinese man: Because you know, I ... I ... I... as far as I know ... don't know
whether you ...
Indian man: Eusoff Chin and I ...
Chinese man: Are extremely close, you know ...
Indian man: Yeah, Eusoff Chin in power, I can straight get, pom pom pom pom. But
now Dzaiddin is there and ... Dzaiddin is attacking our cases and that is why
James Kumar is aligned to Dzaiddin. But Dzaiddin's retiring Sept 15. He's
finished.
Chinese man: Next year?
Indian man: So Dzaiddin...
Chinese man: Also really wants to go (clapping sound).
Indian Man: Don't worry. Dzaiddin recommended Malek ... Malek Ahmad to be Chief
Judge of Malaya but he went ah, cut cut cut cut. I, Tengku Adnan, Vincent went
and saw PM lah.
Chinese man: Ah.
Indian man: (Inaudible)... thrown out because he is anti–PM.
Chinese man: Ah
Indian man: We put Fairuz in. And before Fairuz became chief judge, I told him
three months ago that he's going to be acting PCA, he said don't believe. Then
he got it. He rang and thank me all that. (Inaudible)... he is now acting PCA
because Wan Adnan is sick... right? This, apart from law knowledge, you need kun
tow.
Chinese man: Ya, ya, ya.
Indian man: Please understand that. You must know the emperor. Knowing the law
doesn't give you, winning the emperor ... (inaudible) ... you must also kun tow
with the emperor.
Chinese man: Ya, ya.
Indian man: Correct or not? So now I'm working very hard. So he agreed to meet
Vincent Tan and PM and ahh ... what you call ... Tengku Adnan.