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©New Straits Times (Used by permission)
by V. Anbalagan and A. Hafiz Yatim

• ISA detainee Manoharan among seven to testify
• 'Rekhraj denies saying sorry to lawyer Shafee'
• Anwar, Aliran barred from proceedings for not apologising
• It was a ‘working relationship’

KUALA LUMPUR: This is the house which Datuk V.K. Lingam allegedly offered to former chief justice Tun Mohamed Eusoff Chin.

The double-storey bungalow is located at Jalan SS1/38 in Petaling Jaya.

Witness V.K. Thirunama Karasu told the inquiry that the house belonged to his brother, Datuk V.K. Lingam, who had offered it to Eusoff in 1995.

Eusoff and his wife were taken to the house and after viewing it, decided that they did not want it.

Questioned by Malaysian Bar counsel Christopher Leong, Thirunama yesterday said he held the keys to the house in 1995.
Thirunama: It was Lingam's house. The house was not furnished then.

Leong: If he (Lingam) wanted to see the house, he would ask the keys from you?

Thirunama: Yes.

Leong: In October 1995, did you accompany Lingam, Eusoff and his wife to view the house?

Thirunama: Yes.

The witness said Lingam had no intention to rent or sell the house and it was not shown to anyone other than Eusoff and his wife.

Leong: Were Lingam's bodyguards, Ramli Ibrahim and Budiman Bahador, present at that time (when Eusoff and his wife visited the house)?

Thirunama: Yes, they had been with him since 1995 and 1996. I do not know who employed them.

Leong: Did Lingam tell you that he wanted to give the house to Eusoff?

Thirunama: Yes.

Leong: Did he say for what purpose?

Thirunama: I do not not know why or for what purpose.

Leong: Did you inform the Anti-Corruption Agency of this in 1998.

Thirunama: I told them when it started investigations in March 1998.

Earlier, the witness told the inquiry that he took Lingam to Eusoff's house seven or eight times in 1996.

"I dropped Lingam at the house. He told me he had something confidential to talk about with Eusoff," he said.

"On all occasions, Lingam ordered me to go back home and wait for his phone call."

Thirunama also told the inquiry that the visits to the former chief justice's house were at night.

Leong: Would Lingam bring his files along?

Thirunama: Yes. They were similar to the ones in his office.

Leong: Do you know the contents of the file ?

Thirunama: He told me once that this concerned the Ayer Molek versus Insas case.

The witness also told the inquiry of his visits to Eusoff's house to deliver a briefcase, handbag and wallet from his brother.

He said there was a brown envelope in the briefcase containing several sheets of A4-sized papers.

"I do not know the contents of the documents."

On the purchase of a handphone for Eusoff, the witness said he had registered the number with Mutiara Tele-communications and stored the number in his black note book which he handed to the ACA in 1998.

Hearing continues on Tuesday.

The bungalow in Jalan SS1/38 in Petaling Jaya that lawyer Datuk V.K. Lingam allegedly offered to former chief justice Tun Mohamed Eusoff Chin.

ISA detainee Manoharan among seven to testify

KUALA LUMPUR: Internal Security Act detainee, M. Manoharan, is among seven witnesses who is expected to testify when proceedings resume on Tuesday.

Manoharan was accused of demanding payment from V.K. Lingam to withdraw a police report lodged against him.

The report was lodged by Lingam's brother, Thirunama Karasu.

This allegation was made by Lingam when he was giving evidence last week.

Manoharan's counsel, Karpal Singh, told the commission that he was making the application to have his client in court to clear his name.

"My client is presently being detained at the Kamunting detention camp in Perak," Karpal added.

Commission chairman Tan Sri Haidar Mohamed Noor asked Karpal if it was possible for Manoharan to give a statutory declaration, but the counsel insisted it was better if he testified in person.

"An order has to be given by the Internal Security Minister to bring him here," Karpal said.

Haidar then instructed DPP Datuk Nordin Hassan who is assisting the inquiry to assist in securing Manoharan's presence in court.

Manoharan, who is a lawyer, is one of the five Hindu Rights Action Force (Hindraf) leaders detained under the ISA in December.

The other witnesses expected to take the stand are lawyer Datuk Muhammad Shafee Abdullah, Lingam's secretary identified only as Jayanthi and his driver.

Jayanthi and the driver were mentioned when Thirunama testified on Monday. Jayanthi was alleged to have arranged the tour to New Zealand for Lingam and his family.

The driver, (either Chandran or Mogan), were said to have taken turns driving Lingam to Tun Eusoff Chin's house.

Shafee had applied to be a witness on the grounds that he supplied the photographs of Lingam and Eusoff holidaying in New Zealand.

Lingam's counsel, R. Thayalan, also made an application for psychiatrist Tan Sri Dr M. Mahadevan and his client's sister, Kanakalashimi to be called as witnesses.

Their names were mentioned by Thirunama in his testimony.

Dr Mahadevan was said to be one of the psychiatrists who examined Thirunama while Kanakalashimi was said to have pressured Thirunama into writing a statement claiming he was of unsound mind and had revenge on his mind when he lodged a report against Lingam to the Anti-Corruption Agency.

Shafee also made an application for former judicial commissioner Datuk K.L. Rekhraj to be called.

'Rekhraj denies saying sorry to lawyer Shafee'

KUALA LUMPUR: Former judicial commissioner Datuk K.L. Rekhraj has denied apologising to Datuk Muhammad Shafee Abdullah for a police report, which he lodged against the lawyer in 1996.

Rekhraj also denied that the report was lodged on the instructions of former chief justice Tun Mohamed Eusoff Chin.

Instead, it was on the instructions of the late Tan Sri Mohtar Abdullah who was then the attorney-general.

The Royal Commission of Inquiry was informed of this yesterday by counsel Datuk Hazman Ahmad, who is appearing for Eusoff.

Hazman said he had been in contact with Rekhraj and he (Rekhraj) denied ever calling Shafee to apologise.

"I was instructed to inform the commission that Rekhraj lodged a police report against Shafee following instructions from the late attorney-general Mohtar, and not from my client," he said.

Shafee said, in view of this controversy, it would be wise to call Rekhraj to testify.

Commissioner Tan Sri Haidar Mohamed Noor said the commission would consider the application, and may instruct Rekhraj to give his statement.

The issue of the police report against Shafee was highlighted during proceedings on Monday by Lingam's lawyer, R. Thayalan, after Shafee had tendered a written application on why he should be called to testify in the ongoing inquiry. Thayalan had objected to this application.

Shafee had then said that the report had nothing to do with case-fixing but on alleged breach of official secrets.

It was a ‘working relationship’

by V. Anbalagan and A. Hafiz Yatim

KUALA LUMPUR: Royal Commission of Inquiry chairman Tan Sri Haidar Mohamed Noor is related to former chief justice Tun Ahmad Fairuz Sheikh Abdul Halim by marriage.

And, based on the fact that Ahmad Fairuz is one of those mentioned in the video clip allegedly showing Datuk V.K. Lingam brokering judicial appointments, an application was made to disqualify Haidar from the commission.

That application, however, was dismissed on the grounds that the marriage ended more than 30 years ago and had no bearing on the inquiry.

Ahmad Fairuz's brother married Haidar's sister and the couple had a daughter. In 1973, the husband died and the widow remarried.

"I hardly had any relationship with Ahmad Fairuz's family after that. From then on, it was confined to a working relationship with Ahmad Fairuz," Haidar said.

Ahmad Fairuz was chief justice from March 2003 to November last year and he was Haidar's superior. Haidar was the chief judge of Malaya from December 2002 to November 2004.

The relationship between the commission chairman and Ahmad Fairuz was revealed in court yesterday through an application by Datuk Seri Anwar Ibrahim, who was represented by Karpal Singh.

Karpal said Haidar should step down immediately for failing to disclose the family ties before the proceedings started on Jan 14.

Karpal: Your failure to disclose the relationship is serious. In a court of law, a judge must do that and the same applies to a commission. We wish to know if your relationship is true.

Haidar: The facts are correct. My sister's husband died some 30 years ago and the relationship was terminated. Have you got any case law to back up this application that I should discharge myself?

Karpal: That does not make any difference (the death of Haidar's brother-in-law). I have the authorities to back my claim.

Karpal then submitted that the commission should not have hidden this fact from the public.

Karpal: Why did you not do it earlier? What you did was unethical and you must recuse yourself now.

Haidar: I will disclose this later. Have you anything more to say?

Karpal: Ahmad Fairuz was a witness in the proceedings and there is possibility of bias.

Karpal then proceeded to read statements from case law and commission member Datuk Mahadev Shankar instructed him to read a particular paragraph.

The paragraph stated that judges were not robots and Karpal immediately made a remark that he did not claim that they were.

Mahadev told Karpal to continue reading and stop making comments.

Ahmad Fairuz's counsel Kamarul Hisham Kamaruddin said his client should be present to give his view on the matter.

"I may need time to get instructions from him (Ahmad Fairuz)," he said.

Mahadev: The relationship was severed some 30 years ago due to divine intervention. What else could Ahmad Fairuz add or subtract from this application?

Bar Council lawyer Robert Lazar asked for a break as he wanted to consult with other counsel involved in the proceedings.

He later submitted that it would be prudent if Haidar had revealed the relationship at the onset of the proceedings.

"However, there is no sufficient cause for recusal based on what we know of their relationship," he said.

Kamarul then explained that Ahmad Fairuz's late brother and Haidar's sister had a daughter and the sister had remarried.

"We are also of the opinion that the marriage has no bearing on the proceedings."

Karpal pressed on, insisting that the marriage was not terminated as Ahmad Fairuz and Haidar had a common niece.

The commission, however, held firm and dismissed the application.

On Jan 14, the council and Anwar had also failed to discharge Haidar and two other members, Tan Sri Steve Shim Lip Kiong and Puan Sri Zaitun Zawiyah Puteh.

They had then said Haidar was a member of the Perdana Foundation headed by former prime minister Tun Dr Mahathir Mohamad, who was slated to give evidence.

Shim was asked to withdraw because his name was mentioned in the clip while Zaitun, a former solicitor-general, was involved in some of Anwar's cases as senior federal counsel.

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