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MORE PICS & Video – Probe Panel Appointed; Najib: Don't Questioned Integrity of Members; ACA Grills PKR Sivarasa - 2 hrs On Video Clip; Haidar Conflict of Interest

Malaysiakini latest story is On

showing PKR objected to Haidar's Appointment. DAP came out with the same arguments as those suggested by PKR much earlier. Further PKR questioned Haidar conflict of interest being a trustee of Mahathir's Perdana Leadership Foundation.
The Deputy Priemer has formally appointed the 3-member independent and their task is
to determine the authenticity of the Video Clip.
But how can they do the task properly when they had at hand only the 8-min Video Clip. If they aree not privy to the full 14-min Clip in which - "Datuk V.K. Lingam (the senior lawyer in the video) telling the people in the room, after the telephone conversation, that he was speaking to (Chief Justice)". Further more the panel "not being able to summon witnesses or to provide protection for witnesses" would be a handicap. Apparently they are finding a way out of this problem.

ABOVE: Panel members with their Appointment Letters with DPM & Government Chief Secretary (Left)
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ABOVE: chairman Tan Sri Haidar Mohd Noor bowing low receiving his appointment letter and BELOW: Datuk Mahadev Shankar got his brown envelope

and BELOW: Tan Sri Lee Lam Thye was speechless when asked to comment later. He is a reluctant participant in this thankless task, but being in the Chairman NSC under the DPM, he was "forced" literally to accept.

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September 27, 2007 17:41 PM

Don't Dispute Integrity Of Panel, Says Najib
KUALA LUMPUR, Sept 27 (Bernama) -- Deputy Prime Minister Datuk Seri Najib Tun Razak said no one should dispute the integrity of the three members of an independent panel set up to determine the authenticity of a video clip on a telephone conversation by a lawyer on the appointment of judges. "They are of the highest integrity. Do not question their integrity. There is no question of the `other' camp (appointment from among the opposition). Do not politicise their appointment," he told reporters after presenting Aidilfitri goodies for Armed Forces personnel, at the Defence Ministry here. Najib had on Tuesday announced the appointment of the independent panel, comprising former Chief Judge of Malaya Tan Sri Haidar Mohd Noor as the chairman and National Service Council Chairman and social activist Tan Sri Lee Lam Thye and former Court of Appeal judge Datuk Mahadev Shankar as the members. The eight-minute video shows a man purported to be a senior lawyer talking on his handphone, and seemingly brokering the appointment of judges. Najib also said that as of now the government had no plan to set up a judicial commission for the appointment of judges. Replying to a question, he said a meeting would be arranged with the panel to determine the time it would require to complete its report. "We can only say that the report will be ready `soon' as only the panel can determine and announce how much time it will need to complete the report," he said.
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Probe panel appeals for time to settle down

R. Manirajan; theSUN
PUTRAJAYA (Sept 27, 2007): Members of the Special Independent Investigation Panel appointed by the government to determine the authenticity of a video recording pertaining to appointment of judges today received their call-up letters, and refused to publicly engage their detractors. Facing a battery of press reporters after an hour-long meeting with Deputy Prime Minister Datuk Seri Najib Abdul Razak and Chief Secretary to the Government Tan Sri Mohd Sidek Hassan in the Prime Minister's Office here, the three panel members appealed for time for them to settle down before answering more questions.

ABOVE: Tan Sri Haidar Mohd Noor , from Bernama's quote:

"Terms of reference is very clear – only to just on the authenticity of the Video Clip. We are not going into details as our terms of reference are purely to verify the authenticity of the video clip. I will discuss with the members as to the mechanics of how we should go about doing this”

- If it is ONLY to determine the authenticity, then it can be done in a few minutes if the main actor (V K Lingam) is located by phone. He has reportedly absconded overseas (where else but in India?) and cannot be reached. He may never come back here to face the music and Shame he has brought to the Judiciary . The Bar Council committee has instituted procedure to "get at him"

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Its chairman Tan Sri Haidar Mohd Noor (ABOVE), a former Chief Judge of Malaya, said the panel will be using the Prime Minister's Department's legal department as its secretariat office and all logistic and administrative matters will be decided when they meet next. "Let us settle down. We just got our appointment letters and when everything is finalised ... we will call for another press conference to let you know on how we are going to move, including our terms of reference," said Haidar.

and this is what he said on TV:

“We go into it with an open mind. Then when we got the material we will decide on the strength of the material that has been put to us. We are not going to listen to he “khabar angin” [rumors] or whatever it is. It has got to be put to us. We look at that and then we will give you a conscientious and honest answer” - watch the Video Clip

He did not say when they will start and finish their investigation. Said another member Datuk Mahadev Shankar,(ABOVE) a former court of appeal judge: "I can make a solemn promise, that the sun will rise tomorrow. The rest I don't know."

The other panel member, Tan Sri Lee Lam Thye (ABOVE, was "speechless"), looked on without commenting. On concerns over the panel's legal power to summon witnesses, Haidar said his team will be finalising that when they meet. He hinted where they will derive their powers when he said they will be seeking the cooperation of government agencies like the police and Anti-Corruption Agency for this process. Asked for his comments on opposition parties and others questioning his credibility, especially in relation to his role in the 1988 judicial crisis, Haidar said: "We can't stop people from questioning our credibility. I have a job to do and I will do it."

On Najib's advice to them during the meeting, he said he wished them luck and told them he would respect their findings. Adding to Haidar's statement, Mahadev said the panel has taken note of everything raised by the people, including the panel's ambit of power. "It is too early to say anything. We just got our letters and we are not going to listen to rumours," he added.
At an earlier function in Kuala Lumpur, Najib was quoted by Bernama as saying that no one should dispute the integrity of the three panel members. "They are of the highest integrity. Do not question their integrity. There is no question of the other' camp (appointment from among the opposition). Do not politicise their appointment," he told reporters after presenting Aidilfitri goodies for Armed Forces personnel, at the Defence Ministry here.

On the Bar Council's call for the setting up of a judicial commission on the appointment of judges, Najib said the government had no plan to do so.An edited version of a video clip of a telephone conversation between a lawyer and a "Datuk" believed to be a senior judge was yesterday handed over to the Anti-Corruption Agency, but the name of the source was kept secret.
The handover took place at the ACA headquarters in Putrajaya, four hours before Deputy Prime Minister Datuk Seri Najib Tun Razak issued appointment letters to the three men who will man the Special Independent Investigation Panel to determine the recording is authentic, or a clever fake.
These are the highlights of what happened yesterday:
At the ACA headquarters:
* Parti Keadilan Rakyat (PKR) vice-president Sivarasa Rasiah hands over the video clip to the ACA, but refuses to reveal the identity of the person who recorded it, in keeping with the person's request. This is the edited version that runs for about 8 minutes. The full version is about 14 minutes long.
* Sivarasa says: "The other part of the clip clearly shows Datuk V.K. Lingam and his telling the people in the room after the telephone conversation, that he was speaking to Tun Ahmad Fairuz."
* He says they will cooperate with the Investigation Panel but will have to get permission from the source before screening the 14-minute long clip, which will compromise his identity.
At the Prime Minister's Office:
* Panel members met Najib and Chief Secretary to the Government Tan Sri Mohd Sidek Hassan for an hour.
* Its chairman Tan Sri Haidar Mohd Noor says they use the Prime Minister's Department's legal department as its secretariat office and all logistic and administrative matters will be decided when they meet next.
* Refuses to say when they will start and finish their investigation.
* On opposition parties and others questioning his credibility, especially in relation to his role in the 1988 judicial crisis, Haidar said: "We can't stop people from questioning our credibility. I have a job to do and I will do it."
Updated: 08:16PM Thu, 27 Sep 2007

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ACA questions PKR's Sivarasa on damning video clip

R. Manirajan and Llew-Ann Phang, from theSUN

ABOVE: Sivarasa Rasiah outside ACA office; at Putrajaya this morning

PUTRAJAYA (Sept 27, 2007): Parti Keadilan Rakyat (PKR) vice-president Sivarasa Rasiah was questioned for two hours by the Anti-Corruption Agency (ACA) today on the video recording of a telephone conversation between a senior lawyer and another person believed to be a senior ranking judge. During the questioning, Sivarasa handed over a copy of the eight minute video clip and a transcript of the entire telephone conversation, including comments, to ACA investigating officer Thilagawathy Tambu. After watching the recording together, Sivarasa was asked when PKR got hold of the DVD and who the source was.

"I told her whatever I knew, including the details of the entire 14-minute recording," Sivarasa said when met outside the ACA office here.He said the full 14-minute recording could not be given to the ACA because the source believed that by doing so, his identity would be compromised. "I told the ACA I can’t reveal my source and that is the same answer I will give you reporters. We can’t publicly disclose who the source is," Sivarasa said, adding that he himself knows and has met the source. Sivarasa said the ACA had been informed that he and PKR adviser Datuk Seri Anwar Ibrahim have viewed the full video recording.

"The other part of the recording clearly shows Datuk V.K. Lingam (the senior lawyer in the video) telling the people in the room, after the telephone conversation, that he was speaking to (Chief Justice) Tun Ahmad Fairuz (Sheikh Abdul Halim)."

Sivarasa had last week lodged a report with the ACA over the revelations in the recording after it was made public in a press conference by Anwar. Sivarasa also took to task Attorney-General Tan Sri Gani Patail for stating that the video recording did not show any criminal offence being committed. "The ACA said they have a different view of the case." Sivarasa said he suggested the ACA seek technical experts to verify the recording’s authenticity, and to check Lingam and Ahmad Fairuz’s handphone records in 2002 which was when the recording was made. In a press conference at PKR’s headquarters in Kuala Lumpur earlier, Sivarasa said the party was willing to assist the Special Independent Investigation Panel, led by former Chief Justice of Malaya Tan Sri Haidar Mohd Noor, in its investigations into the video’s authenticity. However, he said the full 14-minute video clip could only be screened with the source’s permission.

He also pointed out that the panel faced the challenge of not being able to summon witnesses or to provide protection for witnesses, adding that these were important for an effective investigation. He said the panel’s terms of reference were also too limited because "the problem is bigger than that".
For example, Sivarasa said the current appointment of judges was problematic because the prime minister only had to consult with the Chief Justice and the Conference of Rulers before appointing a judge. "With the video, we have exposed that the process is clearly tainted, with people like lawyers (meddling in these matters)," he added. PKR secretary-general Tan Sri Abdul Khalid Ibrahim called on the Bar Council to press for investigation panel members to be selected through peer group selection to ensure check and balance. "The selection of the panel was not done through a clear and transparent process," he said, noting that Haidar, for example, may have a conflict of interest because he was a trustee of the Perdana Leadership Foundation helmed by former premier Tun Dr Mahathir Mohamad

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Haidar’s appointment to panel objected Bede Hong | Sep 27, 07 4:05pm

Ambiga: We’ll give inquiry panel a chance Soon Li Tsin | Sep 26, 07 5:22pm

Haidar Mohd Noor & Abu Zahar Ujang Comments on Clip -Panel Scope Not defined Yet; Nazri: No Judiciary Crisis – Opposition perception Only

ABOVE: Tan Sri Haidar Mohd Noor being interviewed over TV3 on the scope & nature of the Independent panel; getting his letter of appointment (27 Sep 07) from DPM Datuk Seri Najib and meeting with Chief Secretary to Government on the Panel BELOW: Tan Sri Abu Zahar Ujang (birds of same feathers) Interviewed on his Views on the Video Clip

September 26, 2007 23:53 PM

Haidar: I’m aware many think it’s V.K. Lingam

Thursday, 27 September 2007; The Sun ; by Llew-Ann Phang

PETALING JAYA: Tan Sri Haidar Mohd Noor (ABOVE), who chairs the Special Independent Investigation Panel to determine the authenticity of a controversial video recording, said yesterday he is aware of public opinion that the lawyer featured in the eight-minute video clip is Datuk V.K. Lingam. Admitting that he had seen the video recording, the former chief judge of Malaya told theSun: “People say it is a picture of V.K. but we don’t know who (it was on) the other end (of the line).” Asked if the panel had decided who to call up for the inquiry, he said it had yet to determine the actual scope of work entrusted to it and could not do so before meeting Deputy Prime Minister Datuk Seri Najib Abdul Razak and Chief Secretary to the Government Tan Sri Sidek Hassan.

Background:

Judiciary Not Facing Crisis, Says Nazri

ABOVE: Datuk Seri Mohamad Nazri said No crisis, all figments of imagination of the Opposition

PUTRAJAYA, Sept 26 (Bernama) -- There is no crisis in the judiciary, Minister in the Prime Minister's Department Datuk Seri Mohamad Nazri Abdul Aziz said today. Speaking to the media after breaking fast with staff of the Legal Affairs Division of the Prime Minister's Department here today, Nazri said allegations that there was a crisis in the judiciary were the work of opposition parties who wanted to influence citizens not to have confidence in the judiciary. He said this when questioned about the march by Bar Council members to the Prime Minister's office this morning to submit two memorandums, one calling for the setting up of a Royal Commission of Inquiry to investigate a video clip showing a senior lawyer purportedly brokering appointment of judges and the other for the establishment of an independent judicial commission to appoint judges.

"They should go and check the facts first, verify the clip first. At the moment we do not know whether the tape is authentic. So we cannot jump to conclusion and lawyers are the people that should not jump to conclusions in the first place," he said. He added that the government had formed a three-man independent panel headed by retired Chief Judge of Malaya Tan Sri Haidar Mohd Noor with former Court of Appeal judge Datuk Mahadev Shankar and social activist Tan Sri Lee Lam Thye as the other members to conduct an impartial probe into the controversial video clip.

They will receive their appointment letters from Deputy Prime Minister Datuk Seri Najib Tun Razak tomorrow.

Malaysia: Nazri ticks off lawyers

PETALING JAYA, MALAYSIA: Lawyers who participated in the "Walk for Justice" should join the opposition party, so that I know how to handle them, said Minister in the Prime Minister Department Nazri Aziz. "Those who participated in the "Walk for Justice", their brains are like opposition party. It is better for them to register as members of opposition party. I will be more delighted if they (Bar Council) register as an Opposition party. So that I know how to handle them," he told Sin Chew Daily when contacted today. "I will ignore them as if they are non-governmental organizations (NGOS)," he continued.