KUALA LUMPUR: Proceedings of the Royal Commission of Inquiry Into the V.K.
Lingam Video Clip resumed at 2.30 p.m. this afternoon.
Tan Sri Haidar decided, having considered the submissions of the parties, to stay on the case.
Tan Sri Steve Shim was not at this point in time convinced that he should consider recusing himself. But he would be prepared to consider this if there are further developments which would put him in such a position.
Puan Sri Zaitun Zawiyah clarified that she was doing her job as a government
servant and that the decisions in the cases cited were made by the Courts. If
she finds that at a later date she would not be able to do her job, she will
consider recusing herself.
Proceedings continued with a short opening speech by the prosecution and immediately thereafter, Shahadan Mohd Yatim, was called as the first witness.
He testified that he was an enforcement officer with the Anti–Corruption Agency (ACA) and he was instructed to take photographs of the living room of the residence of Dato’ V.K. Lingam to ascertain whether it is the same as that in the video clip. 17 photographs of the residence of Dato’ Lingam were taken using a digital camera on the morning of 25 December 2007, with the permission of Dato’ Lingam. The photographs were mainly that of various parts of the living room of the residence. In response to a question by Puan Sri Zawiyah, the witness stated that Dato’ Lingam did not ask why he wished to take the photographs. The photographs were tendered as evidence.
Americk Sidhu requested permission to ask a few questions pertaining to the photographs. He produced two additional photographs and asked the witness whether these photographs resembled the living room of the same residence. The witness testified that he could only say that one of the photographs looked like that of the living room of Dato’ Lingam.
In response to a question by Ranjit Singh, the witness testified that the living room appeared to be identical to that in the video clip.
The second witness called was Mdm Chua Lay Choo, a Senior Enforcement Officer at the ACA. She confirmed that she was the investigating officer in this case. The video clip was then played in the courtroom. A transcript of the contents of the video clip was prepared by Mdm Chua and tendered as an exhibit. She testified that she had instructed Shahadan to take the photographs at Dato’ Lingam’s residence and that she had personally been to his residence.
Mdm Chua confirmed that the photographs tendered as evidence appeared to be identical with the sections of the video clip shown to her in still motion on the screens in the courtroom. She concluded that the video clip was taken in the same place as that of the photographs by Shahadan.
She then testified that she had instructed a person by the name of Wan Zulkifli Wan Jusoh to send the video clip to Cyber Security Malaysia for authentication. It was sent on 26 December 2007 and was returned by them on 12 January 2008.
To a question by R. Thayalan, Mdm Chua confirmed that the video clip in her possession was a copy and not the original. She also confirmed that it was a copy that was sent to Cyber Security Malaysia.
Ranjit Singh asked for leave to ask the witness several questions pertaining to the identity of the persons in the video clip and the contents therein. He also informed the members of the Commission that he wished to ask questions about certain discrepancies in the transcript tendered as evidence and a transcript prepared by his team.
At this point, Tan Sri Haidar informed the parties that this appeared to be an appropriate time to break for the day and counsel for the Malaysian Bar could proceed with questioning the witness tomorrow morning.