©Malaysiakini
(Used by permission)
by Soon Li Tsin
To many he is the senior lawyer in the videotape apparently brokering the
appointment of ‘friendly judges’ into top positions in the judiciary but to
others, he is a powerful and well–connected lawyer.
Who really is VK Lingam?
Malaysiakini reconstructed this portfolio based on information available in a company annual report where Lingam is a director and news reports posted on the Internet.
Kanagalingam Veluppillai, 56, began his career by serving several multinational and local companies in various senior management positions between 1973 and 1983.
While serving as human resources manager in UMW Holdings under the stewardship
of Eric Chia (who later headed Perwaja Steel Holdings), he left to study law at
the University of Buckingham, England, and graduated in 1985.
On his return, he re–joined UMW as its group legal advisor in 1985, but started
his own practice four years later.
He was first caught in controversy when photographs surfaced on the Internet of
him and then Chief Justice Eusoff Chin while they were on holiday in New Zealand
in 1994 (right).
Eusoff denied that the holiday was paid for by Lingam – as had been alleged –
and they had merely bumped into one another. It was revealed later that the two
had been on same flight from Singapore to Auckland.
Following the discovery of the photos, the Bar Council sought to take
disciplinary action against Lingam in 1996. He sued the Bar Council and won –
then High Court judge Azmel Maamor decided against the Bar Council for failure
to furnish names of the disciplinary board members.
There was another set of infamous photos – this time taken in Italy where Lingam
were seen with well–connected tycoon Vincent Tan and then attorney–general
Mohtar Abdullah, who was later appointed Federal Court judge, and their
respective wives.
Notable court cases
1996 was to prove a busy year for Lingam, as lawyer or litigant in a number of
notable court cases.
About the same time, Lingam represented Berjaya group tycoon Tan in a defamation
suit against veteran journalist MGG Pillai which the High Court found in Tan’s
favour and awarded RM10 million in damages – a record sum.
Pillai’s appeal to the Federal Court was heard by a three–member panel led by
Eusoff, who upheld the finding but reduced the quantum of damages to RM2
million.
Still in 1996, Lingam filed three defamation suits for a total of RM190 million
against lawyers, journalists and several others over an article in the
International Commercial Litigation (ICL) magazine.
The article ‘Malaysian Justice on Trial’ published in the November issue
of the British–based magazine had suggested that Lingam and Tan had connections
with judges, namely in the controversial Ayer Molek case and Tan’s suit against
Pillai.
It was only last year that High Court judge Hishamudin Yunus dismissed
the suit filed against the magazine and said it was Lingam’s wrongful conduct in
the Ayer Molek case that had led to the publication of the article.
Hishamudin said Lingam was guilty of “abusing and manipulating the process of
court” in filing the action in the appellate and special powers division of the
High Court instead of the commercial division.
Malaysian–based Asian Wall Street Journal correspondent, Raphael Pura – who was
also sued by Lingam – had alleged that Lingam himself had penned part of High
Court judge Mokhtar Sidin’s judgment on the Pillai case.
Defamation suits aside, the lawyer has provided legal services to Eric Chia when
Perwaja Steel was saddled with RM6.9 billion in debts in 1996.
An audit report by PriceWaterhouseCoopers into the ailing company’s records was
ordered by former deputy premier Anwar Ibrahim. The report disclosed that Lingam
had been paid RM12 million for his services.
Lingam’s string of high–profile clients include former premier Dr Mahathir
Mohamad, who has been sued by Anwar for defamation. The case has been struck out
but Anwar’s lawyer had expressed intentions to appeal.
The spotlight is now back on Lingam – on Sept 18, PKR de facto leader Anwar
Ibrahim released a grainy eight–minute video clip of the lawyer on the phone,
apparently revealing his influence in brokering judicial appointments.
By inference, the conversation appeared to involve current Chief Justice Ahmad
Fairuz Sheikh Abdul Halim. Neither has openly denied the claims to date,
although the latter is said to have contacted de facto law minister Mohd Nazri
Abdul Aziz with a denial.
Lingam is now on the board of directors in network marketing Cosway Corporation
Bhd, a subsidiary of Berjaya Group.
Read also judgments in previous disciplinary proceedings:
• Malaysian
Bar v. Dato' Kanagalingam Veluppillai 2004 [FC] (PS Gill FCJ , Rahmah
Hussain FCJ, Hashim Yusoff JCA)
• Dato'
Kanagalingam Velupillai v Majlis Peguam & Anor 2004 [HC] (Azmel
Maamor J)
• Bar Council
v Datuk V Kanagalingam 2000 [FC] (Chong Siew Fai, CJSS)
• Majlis
Peguam lwn. V Kanagalingam 1998 [HC] (Arifin Jaka, T
Selventhiranathan, Hashim Yusoff)