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Mahathir says Lingam is a new buddy
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Dr M: Final decision mine
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"I don't have to explain why," says Dr Mahathir
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I only got to know Lingam recently, says Dr Mahathir
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I was not influenced to pick Ahmad Fairuz for CJ post, says Dr M
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Dr M: It's my prerogative
KUALA LUMPUR: Day 4 of the Royal Commission of Inquiry Into the V.K. Lingam
Video Clip started at 10.00 this morning.
The media and public interest in this morning’s proceedings was intense given
that Tun Dr Mahathir Mohamad was scheduled to give evidence. The Malaysian Bar
was unable to gain access into the courtroom for a web reporter and therefore
this report is filed based on the notes of counsel.
Tun Dr. Mahathir Mohamed, the 9th witness, was called. Dato’ Nordin Hassan
introduced counsel for Tun Dr Mahathir – Tunku Sofia Jiwa, Dato' Dr. Yaacob
Hussein Merican and Dato' N. Chandran.
Tunku Sofia started by conveying Tun Dr Mahathir’s assurances that he would
render his fullest cooperation and he will answer all questions put to him to
the best of his ability even if the questions were not relevant and not within
the scope of terms of reference of this enquiry.
To questions posed by Dato’ Nordin, Tun Dr Mahathir confirmed that he was
involved in the appointment of judges when he was Prime Minister and that he was
required to consult with the Chief Justice on such appointment.
Dato’ Nordin then took Tun Dr Mahathir through the series of letters involving
the appointment of Tun Ahmad Fairuz as Chief Judge. He said that he was not
influenced by any party on the appointment of Tun Ahmad Fairuz. He listened to
certain parties but ultimately it was his decision.
Tun Dr Mahathir was then referred to the series of letters to and from Tun
Dzaiddin on the proposed appointment of 5 persons as judicial commissioners. He
confirmed that he only agreed with the proposal in respect of 3 names. He
confirmed that he did consider the appointment of Andrew Chew and Zainudin
Ismail, but did not agree with their proposed appointment as judicial
commissioners. He did not remember the reasons for not agreeing with the said
proposed appointments.
Tun Dr Mahathir confirmed that he had viewed the extracts of the video clip, as
it was shown on television. Dato’ Nordin then referred him to passages in the
transcript of the video clip. Tun Dr Mahathir said he does not recall receiving
any memo from Dato’ V.K. Lingam but in the course of his work he may have
received letters from Tun Eusoff Chin. He said that he is not aware that Tun
Dzaiddin had a dispute regarding the appointment of the Chief Judge. He
testified that Tengku Adnan did not set up any meeting between him and Tun Ahmad
Fairuz. Tun Dr Mahathir said that, as far as he can recall, he did not make any
calls to Tan Sri Vincent Tan. He said that Tan Sri Vincent did not meet him
about the appointment Tun Fairuz. He said that he did not call Tengku Adnan to
discuss anything with Tan Sri Vincent every time Tun Dzaiddin wrote a letter to
him. He said that Dato’ V.K. Lingam, Tengku Adnan and Tan Sri Vincent did not
meet him about the appointment of Tan Sri Abdul Malek Ahmad. He said Tan Sri
Malek’s appointment was rejected but not because he was anti–PM.
Wong Chong Wah, counsel for Tun Dzaiddin then posed several questions. Tun Dr
Mahathir said that he cannot remember whether Tun Dzaiddin had earlier
recommended Tan Sri Malek as Chief Judge of Malaya before Tun Fairuz. But he
heard talks of the possibility of Tan Sri Malek being recommended.
M. Puravalen, counsel for Dato' Seri Anwar Ibrahim, Sivarasa Rasiah and Sim Tze
Tzin, then posed questions to the witness. He referred Tun Dr Mahathir to a
meeting that took place in August 1999 in a suite at the Palace of Golden Horses
between Tun Dr Mahathir and Dato’ Murad Khalid. Tun Dr Mahathir said that he
cannot remember whether he met that person.
Chris Leong, counsel for the Malaysian Bar, then posed several questions to the
witness. Tun Dr Mahathir confirmed that Tengku Adnan was the Deputy Minister of
Law. He confirmed that he knew Tan Sri Vincent very well and for many years. He
said that he had been to his place and he said that they were friends. He said
that he only got to know Dato’ V.K. Lingam recently when he engaged him to act
on his behalf in the suit filed by Dato' Seri Anwar against him. He confirmed
that Dato’ Lingam was still his lawyer.
When referred to the series of correspondences on appointment of judicial
commissioners, Tun Dr Mahathir said that he would not be able to say how Dato’
Lingam got hold of the official secret documents or how he appeared to be privy
to information relating to the process for nomination and confirmation of
appointment of judges.
When queried about the reasons for not agreeing to the nomination of certain
names for the position of Chief Judge of Malaya, Tun Dr Mahathir said that after
hearing what people say he would make his own decision. Why he made that
decision was his prerogative. When asked how he came up with his own candidate,
he said that usually if he wanted to propose, he would ask people who would know
and he would take into consideration their views and then make the proposal.
When asked whether Tan Sri Vincent would be one of the
persons he could have obtained his source of consultation from, Tun Dr Mahathir
said it could be.
At the end of questioning, Datuk Mahadev Shankar sought clarification of one
point. He asked whether the reasons for rejecting Tan Sri Malek was discussed
with Tun Dzaiddin. Tun Dr Mahathir responded that he did not explain to anyone.
He listened to a lot of people but he made his own decision.
Proceedings ended at 11.30 a.m. and are due to resume at 2.30 pm.