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©New Sunday Times (Used by permission)

KUALA LUMPUR: The Royal Commission of Inquiry into the Lingam video clip has recommended to the government that judicial powers be returned to the civil courts.

This will mean amending Article 121 of the Federal Constitution.

The amendment is among several proposals by the five-man commission led by former Chief Judge of Malaya, Tan Sri Haidar Mohamed Noor, to the government.

Sources said this was in light of events that took place in the judiciary following an amendment to the Constitution in 1988.

Currently, judicial powers are vested in the federal laws.

The amendment will make separation of powers among the judiciary, legislature and the executive distinctively clearer.

Other recommendations are the setting up of a Judicial Complaints Tribunal and a mechanism to appoint and promote judges.

The recommendations are not binding on the government as it was not part of the terms and reference of the inquiry.

The report was handed over to the Yang di-Pertuan Agong on Friday and Haidar, in his private capacity, hoped it would be made public.

Sources said the report had positively ascertained that the clip and its contents were authentic.

It was also established that lawyer Datuk V.K. Lingam was in conversation with former chief justice Tun Ahmad Fairuz Sheikh Abdul Halim in the video clip.

This was primarily based on businessman Loh Mui Fah's testimony that Lingam told him (Mui Fah) that the person on the other side was Ahmad Fairuz soon after their conversation ended.

Mui Fah testified that the clip was recorded by his son, Gwo Burne, on Dec 20, 2001, when they went to Lingam's house to discuss family legal matters.

Gwo Burne had testified before the commission that he recorded the video clip at Lingam's family home in Kelana Jaya.

Sources said the commission observed that certain individuals mentioned in the clip could be investigated by the authorities for several penal offences.

They include the Sedition Act, the Official Secrets Act and the Penal Code but the decision on whether charges should be preferred on these individuals was in the hands of the attorney-general.

The commission also suggested that there might be a case for misconduct against Lingam under the Legal Profession Act.

Ahmad Fairuz and Lingam were among the 21 witnesses who assisted the commission in the 17-day inquiry, which ended on Feb 15.

Others include former prime minister Tun Dr Mahathir Mohamad, former minister in the Prime Minister's Department Datuk Seri Tengku Adnan Tengku Mansor, tycoon Tan Sri Vincent Tan and retired chief justices Tun Mohamed Eusoff Chin and Tun Mohamed Dzaiddin Abdullah.

COMMISSION'S TERMS OF REFERENCE

- to ascertain the authenticity of the video clip;

- to identify the speaker, the person he was speaking to in the video clip and the persons mentioned in the conversation;

- to ascertain the truth or otherwise of the content of the conversation in the video clip;

- to determine whether any act of misbehaviour had been committed by the person or persons identified or mentioned in the video clip; and

- to recommend any appropriate course of action to be taken against the person or persons identified or mentioned in the video clip should such person or persons be found to have committed any misbehaviour.

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