MORE PICS - Lingam Video Clip Inquiry Starts Jan 14 ->25; Report by March 11 08; List of witnesses by Year End, Call for relevant Evidence & Testimony
Malaysiakini has the early story under the headingRoyal panel 'won't discuss' 1988 judicial crisis
MORE PICS - Lingam Video Clip Inquiry Starts Jan 14 ->25; Report by March 11 08; List of witnesses by Year End, Call for relevant Evidence & Testimony
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'Lingam tape' inquiry in open court; Maria J. Dass, th
KUALA LUMPUR (Dec 18, 2007): The Royal Commission of Inquiry set up to scrutinise a damning video clip showing senior lawyer Datuk V.K. Lingam allegedly brokering the appointment of judges with a senior judge will conduct its investigations and inquiry in an open court from Jan 14 to 25. "We have three months and
"That’s why we have fixed the hearing over two weeks. If possible, if we can finish the hearing by January, then we can sit down to prepare our report and our views vis-à-vis the terms of reference," he said. "It would make our job easier if the public with knowledge and [information] on the clip, especially the person who made the recording, come forward," he added. Haidar said the person should not be worried about coming forward now that the commission has been established under the law and given legal powers. He said the commission would work within the 12 terms of reference provided by the King.
Asked whether the hearing will be held in an open court, he said: "Principally, we agreed to hold it in an open court, but there may be occasions where we may say this should be closed … depending on the evidence ... Sometimes a witness may not want to be exposed and so on."
"But basically we agreed in principal to an open inquiry so that the press and public can also be present in the inquiry," he said.
"However if there is a large number of people, then the number of persons allowed in the inquiry may have to be controlled because the room is not that big," he added.
Haidar said that in today's meeting, the commissioners also discussed the procedures for the commission’s investigations into the video clip. He said the Cabinet had agreed that the Attorney-General’s Chambers’ Deputy Head of Prosecution (Policy) Datuk Nordin Hassan and Deputy Head of the Prosecution Division Datuk Azmi Ariffin (BELOW) be appointed to help the commission.
"We will give them up to the end of the year to prepare a short summary of the proposed witnesses which they have to submit to the commission," he said, without elaborating on who the witnesses would be. Asked if all those mentioned in the video clip would be called, Haidar said: "The terms of reference say we have to look at those named in the tapes, though not all those named are relevant, but we will leave this to Azmi."
He said the commission would go through the list of witnesses and see the gist and relevance of what the witnesses would present. He added that it would also get the Anti-Corruption Agency’s assistance to determine who to call. Asked if Lingam’s brother Thirunama Karasu would be called to testify, Haidar said this would depend on whether he can give relevant evidence within the terms of reference. He said the commission would meet for a second time when the proposed list of witnesses was ready at the end of the year. The commission was announced last Wednesday (Dec 12), after a three-man panel headed by Haidar agreed that the video clip – released by Parti Keadilan Rakyat on Sept 19 – should be investigated by a royal commission. On the view by some quarters that Haidar should not head the panel and commission, he said: "Why? Because of the Tun Salleh Abas [case] and questions on my integrity?"
"But show me evidence," he said. "I’m not bothered by their criticism, my conscience is clear … Why should I be worried? You worry about these things you cannot do your job. My conscience [is clear] and I answer to God. That’s all."
Some parties have said Haidar, who was Chief Registrar of the Supreme Court in 1988, had played a crucial role in the judicial crisis involving the sacking of Salleh as Lord President, and later, Datuk George Seah and the late Tan Sri Wan Suleiman Pawanteh as Supreme Court judges. He had asked the court registry to lock up the Supreme Court seal, which prevented the judges from convening an urgent sitting to hear an interim stay application by Salleh against a tribunal set up to decide on his alleged misconduct.
Besides Haidar, a former chief judge of
* Enquire and ascertain authenticity of video clip;
* Enquire and identify the person in the video clip, to whom he was speaking and the persons mentioned in the conversation;
* Enquire and ascertain the truth of the content of the conversation;
* Determine whether there is misconduct by the person or persons identified or mentioned in the clip; and
* Recommend appropriate action against the person or persons identified or mentioned in the clip if found to have committed any misconduct.
The public who want to come forward with evidence and testify can give their particulars and the gist of their evidence to the commission secretariat, which will liaise with Nordin. The public can contact the secretariat at 03-8885 1049/6 or drop in at the Prime Minister’s Department’s Legal Affairs division in Putrajaya.
Staff of the temporary secretariat will also be stationed at the Jalan Duta court complex for the next three months during the inquiry.
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Lingam Video Clip Inquiry Begins On Jan 14 - Haidar
telephone. The hearing will be held in a courtroom on the third floor of the Jalan Duta court complex. Commission chairman Tan Sri Haidar Mohamed Noor said the full report of the inquiry would be submitted to the Yang di-Pertuan Agong Tuanku Mizan Zainal Abidin on March 11 next year. He said two senior deputy public prosecutors -- Datuk Nordin Hassan, who is Anti-Corruption Agency prosecution division chief, and Datuk Azmi Ariffin, head of commercial crime division in the Attorney-General's Chambers, will assist the commission to draw up the list of witnesses to be called to testify in the inquiry.
"Datuk Azmi and Datuk Nordin will prepare the list of witnesses to be called. The commission will look through the list and will use its discretion whether the witness should be called or not," he told a press conference after chairing the first meeting of the six-member commission to determine the procedures to be adopted in the inquiry.
Asked whether former prime minister Tun Dr Mahathir Mohamad and his former deputy Datuk Seri Anwar Ibrahim are on the suggested name of witnesses, Haidar said it depends on the public prosecution's suggestion. "Public prosecution can give 20 names of witnesses but maybe only 10 are relevant. They (the prosecution) will do all the preparatory work. They will submit the list to us," said Haidar.
Asked whether Thirunama Karasu (ABOVE) or better known as Balan, the younger brother of lawyer V.K. Lingam featured in the video clip would be called to testify, Haidar said it depends on him (Balan). "If he can give relevant evidence within the terms of reference, it's up to him, but Datuk Azmi will look into the list of witness, what sort of witnesses to be called to assist us in our investigations," he said.
Haidar also urged the public wanting to testify in the inquiry to come forward, give their particulars and the gist of their evidence to the commission secretariat.
"The prosecution will look it whether the gist of evidence is relevant or not. Now the commission established under the law has legal powers, witnesses should not be worried about coming forward. "We are now established under the law with legal powers, not like before," he said. To a question on the scope of investigations of the inquiry, Haidar said the commission would work within the terms of reference as spelt out by the Yang di-Pertuan Agong.
"The commission will work within that terms only," he stressed. On whether the inquiry would dwell into developments leading to the removal of former Lord President Tun Salleh Abas in 1988. Haidar said it has nothing to do with the issue in question.
"The inquiry is just on the video clip, purely on the video clip. What happens here is, it is an extension of the panel with more terms of reference. "We can't go outside. March 11 is the last day for us to complete our work. After hearing the evidence, we will prepare our views based on the terms of reference."I hope and pray we can finish it within the time given with the cooperation of the public and everybody else," he said. Asked whether Anwar had forwarded the full 14-minute video clip to the ACA, Haidar said: "As far as I know, he has not submitted the tape to the ACA. "I think he should give the full video recording to the ACA," he added.
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FULL TRANSCRIPT 6 Min LINGAM Video CLIP Part II
Anwar: Whistleblowers will testify before Royal Commission
PETALING JAYA (Dec 14, 2007): The whistleblowers of the damning Lingam Tape showing lawyer Datuk V.K.Lingam brokering judicial appointments with a senior judge will testify before the Royal Commission investigating the issue.
"The whistleblowers clearly stated to me that the moment the Royal Commission is set up, they will then choose to fully cooperate with the Royal Commission and make their identity known.
"So that stands, I just got the confirmation from them that they will do that, probably in the next few days, even prior to the sessions conducted by the commission," said Parti Keadilan Rakyat (PDR) de facto leader Datuk Seri Anwar Ibrahim today. "They will make public their position. There is a possibility they will talk to the media, but from my understanding, they will first deal with the Royal Commission."
In a packed press conference which Anwar called to reveal the full version of the 14-minute video clip, he said he had other evidence to support the allegations made against certain individuals in the video clip, including prominent businessmen, politicians and judges."There are incriminating evidence on the entire conduct of those named in the tape and their role. Other than what was said by Lingam’s brother (V.K. Thirunama Karasu), we have other evidence to support that," he said.
On Sept 19, Anwar released an eight-minute-long video clip, purportedly recorded in 2002. He had said part of the video was withheld to protect the identity of the whistleblowers. He later released another additional 10 seconds of the video-clip to show that a Datuk who was having the conversation with Lingam was retired Chief Justice Tun Ahmad Fairuz Sheikh Abdul Ha
The remaining six minutes clip released today shows Lingam talking with a man in a room after he hung up the mobile phone. The video clip also depicted that a third party was recording their conversation. Anwar said he did not know the man personally but believed that he is a businessman whom he had met in an occasion when he was a deputy prime minister. "I know him as a businessman. But my discussion with the whistleblowers (is that) we are not going to implicate anybody else … I would say he is a known businessman, not necessary very prominent," he said. Asked whether the whistleblower was the one who recorded the video clip, he said: "There’s that possibility. But we will only come to that stage when we deal with the Royal Commission." On Wednesday (Dec 12), the government set up a six-member Royal Commission headed by former Chief Judge of Malaya Tan Sri Haidar Mohd Noor. The commission was given three months to investigate five terms of reference, including ascertaining the truth or the content of the conversation in the video clip, determining if there was a person or persons identified or mentioned in the clip, and recommend appropriate action to be taken against the person or persons identified or mentioned. On the detention of the five Hindu Rights Action Force (Hindraf) leaders under the Internal Security act (ISA) yesterday, Anwar said the act which allows detention without trial had been abused in this case.
He said the government should charge them in the open court if they were deemed as a threat to the security of the country.
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ANWAR IBRAHIM RELEASES ENTIRE LINGAM RECORDING FOLLOWING THE ESTABLISHMENT OF A ROYAL COMMISSION
After I first made public the Lingam video clip nearly three months ago, the government has finally announced the composition and terms of reference of a Royal Commission to investigate judicial corruption. In spite of the initial stonewalling and the much belated setting up of a three-man panel, we view this concession by the government as a positive first step in restoring the integrity of the nation’s judiciary. We applaud the thousands of Malaysian people who have demanded reform of the judiciary. The terms of reference of the Royal Commission unfortunately fall short of a broad mandate to initiate a comprehensive investigation into the crisis facing the judiciary, which was widely demanded by the Bar Council, NGOs, and other institutions of civil society. The video provides proof that the rot is pervasive and has corrupted the highest levels of the judiciary. We regret that the Commission will not be empowered to address the entirety of the problems represented by the video.
The inclusion of Tan Sri Haidar and Tan Sri Steve Shim as commissioners also raises some concerns. The Royal Commission has been charged with investigating matters concerning all the names mentioned in the tape, including my own, referred to as the "Anwar Case" in the tape. However, it must be pointed out that Tan Sri Haidar and Tan Sri Steve Shim were among the judges who heard my case in the Federal Court. In this regard, we believe that the onus is on them to remove any semblance of bias or conflict of interest which may arise in the course of the proceedings pursuant to the Royal Commission’s inquiry. Nevertheless, we remain committed to giving our full cooperation to the Royal Commission with the sincere hope that the members will not shirk their responsibilities in carrying their duties without fear or favour. Bribery, judge fixing, injustices perpetuated against many and wrongful conviction are serious problems which demand serious attention.
Anwar Ibrahim released the full 14-minute recording of the VK Lingam video clip, and revealed that he has more evidence to back up claims of judicial indecorum.
(Parts are slightly inaudible. This transcript may not be entirely accurate.)
Lingam: The CJ (Chief Justice - judiciary’s No 1 post) said his relative is now the Agong, so he wants to stay on to 68, so, Tengku Adnan said - I told Tengku Adnan, yesterday I had a meeting with him - he said PM is already very angry with him … and … he said no problem, he is going to make you acting err… confirm your position as PCA (President of Court of Appeal – judiciary’s No 2), working very hard, and then get Tan Sri Mokhtar as CJM (Chief Judge of Malaya – judiciary’s No 3).
Ah, so we just keep it confidential. I am working very hard on it. Then there is a letter, according to Tengku - I am going to see him tomorrow - there is a letter sent to … ah … CJ - I mean Tan Sri Dzaiddin - that Datuk Heliliah, …er Datuk Ramli and Datuk Maarop be made judges, and he rejected that Dr Andrew Chew and apa itu Zainudin Ismail lah because Zainuddin Ismail who condemned your appointment and Tan Sri Mohtar’s appointment.
And then you also, it seems, wrote a letter for the remaining … confirmed as judges. As per our memo, I discussed with Tun Eusoff Chin and we sent the same memo to PM. I just want to get a copy letter that this has been done.
And then Tan Sri Dzaiddin said he is going to recommend six people for the Court of Appeal, but until today the letter hasn’t come to PM. He never discussed, but neither he has sent the letter to PM. He has not sent. So, I know it is under the constitution, for judges all, that is your job, Datuk, to send, but we don’t want to make it an issue now.
Ah, okay. Actually I told Tengku Adnan (ABOVE) to inform PM, PM to call you for a meeting. But I will organise this so that Tengku Adnan will call you directly. And then I got your number, I will tell him to call you directly to for you to meet PM lah. Ah… So should be okay, then ar… correct, correct, it is very important that the key players must be there.
Correct, correct, correct. Correct, correct. You know that the same problem that Tun Eusoff Chin had. He tried to do all this and yet he has run out of soldiers. He couldn’t do it because many were from the other camp. Last time was unfortunate because Tun Daim was doing everything sabotaging, you know lah…
Otherwise how are things with you - everything is okay? No, don’t worry. You know sometimes Tan Sri Vincent said that half the time we are talking about judiciary rather than doing the work. But if I don’t do this part, my work will be useless. Ha! Ha! Ha!
Ah, yes. Correct, correct, correct, correct, correct. Right, right, right. Correct. Ah. Ah. Right!
Correct, correct, correct, ah, and then, ah, ah, correct, correct, correct, correct, correct.
Ah, never mind, I will do this, I will get er… Tengku Adnan to arrange for PM to call you and Tan Sri Vincent Tan for PM to call. You know why, actually, I am very grateful to Tan Sri Vincent Tan, You know why? I brainwashed him so much I even quarreled with him.
One day I went to Vincent Tan’s house, I fired him at night in his house. I said bloody hell, if you don’t do this who will do it? All these people, Tun Eusoff Chin, Datuk Ahmad Fairuz, Tan Sri Zainal all fought for …that. Then he called Tengku Adnan. Tengku Adnan he said, saya bukan Perdana Menteri
He quarreled with me. I said never mind, never mind, Tan Sri, you talk to PM again tomorrow morning to put Datuk Ahmad Fairuz to CJM. So next day morning he went and he called me back 9.30 that he said PM has already agreed. So I said never mind, we hope for the best. So I said no harm trying, the worst that it can happen is you lose.
Being the old man, he is 76 years old, he gets whispers everywhere, and then you don’t whisper, he get taken away by the other side. But, now the PM is very alert because every time he gets letters from Tan Sri Dzaiddin, he calls Tengku Adnan, he says discuss with Vincent, come and discuss. And…
Yes, yes, ya. Correct, correct. Ya, but you see although I know PM, but my views … I am a lawyer in practice… my views are… I go through them, I go through them lah.
Ah. Ah. Ah. Ah.
And then Dzaiddin will go and tell them you went and saw PM and make a big issue out of it. Oh ya, I think so, I think so.
Okay, fine, fine, fine, fine. Okay. Okay. Okay. Okay. Okay. Right, okay, okay. Ah. Ah. Correct, correct.
Now I heard Raja Aziz, Raja Aziz ah, two weeks ago spoke to my lawyer Thayalan, and another lawyer Anad, in the High Court - they have a case with each other. So, Thayalan and Anad asked Raja Aziz, how is Tan Sri Wan Adnan?
He said he is on his way down. But you know what is the shocking thing he said? Datuk Fairuz became CJM. He overruled everybody, in three months time, he is going to be PCA, and six months time, he is going to be CJ. He said I can’t take this shock. He told lah. Ha!
It seems ah that they are going to organise a campaign … they are going to organise a campaign to run you down. But you just keep quiet - don’t say anything. Don’t … even the press ask, you said I leave it to God, that’s all. Don’t say. I really like your message. You said I work very hard, what can I do? I leave it to God. That’s the best answer, Datuk, that you can ever give. Ah.
Yes… I will also get Tan Sri to remind PM to put a Tan Sri ship this year lah. You know, this will elevate you, you know.
Oh, yes, yes, yes, yes. Ah. Steve Shim got so fast, Tan Sri Chong waited for a whole year to get Tan Sriship.
Ah. My God, that’s why, ah. Correct, correct, correct, correct, ya, ya, ya, ya, right, right, right, correct, correct.
Don’t worry, we organise this. And if Tan Sri Vincent and Tengku Adnan want to meet you privately, they will, I will call you. We organise a private arrangement, in a very neutral place.
No, don’t worry, Datuk, I know how much you suffered for Tun Eusoff Chin. And Tun said Datuk Ahmad Fairuz 110 percent loyalty. We want to make sure our friends are there for the sake of PM and for the sake of the country. Not for our own interest, not for our own interest. We want to make sure the country comes out well.
Well, you suffered so much, so much you have done - for the election petition, Wee Choo Keong, everything. How much, nobody would have done all these.
Yes, you know. Ah. Good lah. You don’t worry. I am constantly working on this. …
Ya, ya, don’t worry, don’t worry. We work hard on this er Datuk. And if Tan Sri Vincent and Tengku want to see you, I will organise it in a confidential place.
Okay, Datuk, all the very best. God bless you and your family.
Okay. Thank you, thank you. Bye-bye, bye-bye.
[Off Camera Voice]: Who is that Dato?
Lingam: Chief Justice Malaya.
[Off Camera Voice]: Who is that?
Lingam: Dato Ahmad Fairuz
[Off camera voice]: Oh Ahmad Fairuz.
Lingam: I put him up there. Don’t tell this, please. I cannot tell this to Manjit. And he is acting President Court of Appeals Number 2 post. He is next Chief Justice. He always says “I leave it to you.”
[Off Camera Voice]: I thought you were very close to Tun Eusoff Chin, Datuk?
Lingam: He is Eusoff Chin’s man, Eusoff Chin retired. But Dzaiddin hates Eusoff Chin, you understand? Ah..
[Off Camera Voice]: Because you know I…I…I..as far as I know you are very…
Lingam: Eusoff Chin and I are extremely close. Because you know…Yeah. Eusoff Chin in power, I can straight and get in Pom! Pom! Pom! Pom! But now Dzaiddin is there. So Dzaiddin is attacking our cases. That means what? James Kumar is aligned to Dzaiddin. But Dzaiddin is retiring in 15th of September. He is finished.
[Off camera voice]: Next year?
Lingam: So Dzaiddin really wants to go…Don’t worry. Dzaiddin recommended Malik Ahmad to be Chief Judge of
[Off camera voice]: Do you think Vincent has an interest over PM?
Lingam: You don’t know about the history. Businesswise may not be successful. Robert Kuok is very brilliant. Lim Goh Tong is very rich. Vincent Tan, you know what PM say? He went to Averton he went to Langkawi. He said bincang. I want you to build a hotel here. His wife pulled him away. [Inaudible] He said Dato Seri I will think about it. The wife pulled him away. There is another [inaudible] cannot get a bank loan. Vincent there. Vincent, can you build a hotel? Ready for next Air show?
I want you do it in 6 months. `Datuk Seri, Don’t worry, I will get it done.’ He paid double the price to get all of them. A big loss lah. Then
[Off camera voice]: Vincent is very close to him.
Lingam: That’s right. Don’t ask… because Vincent has taken me to PM’s residence… the house … [inaudible]… Anwar’s case… the lawyers…Wee Cheong … [inaudible]. But I cannot go and talk to PM just like that and say promote this and that…
Because ah, he knows… I am a… but when PM calls me on Anwar’s case, I can tell him… he’ll listen…But if I go promote so and so, that means I got interest. So, I don’t do that. I use Vincent and Tengku, go and do that. I don’t f*** them up. They go and do that. But I tell you this lah. Don’t tell in front of people, of course. Life, one thing go confidential wrong is dangerous. Ah. Never, never say…You should… never. Even though to PM. You should never say. I don’t know. I always say “I don’t know.” That’s all.
[Off camera voice]: Everybody… I think many people know. Even the son case, everything I talk the father, …. Talk until he agreed.
Lingam: You know me [inaudible]. But I never talk about it. Even the son’s case, I do everything. I talk to the father…Talk until he agreed. But if it is a big crisis that affects him, ….I can talk, he will listen. But if I want to favour somebody, that I cannot guarantee. Because my interest is not his interest. You know what I mean. Tomorrow invest your interest involving your father, I can come say this this this, you will listen. But tomorrow I appeal for me, you are not obliged to listen. Because you are a politician, PM. Politician is what is your interest, not what is my interest. But if I am giving advise on your interest, you will listen. On my interest, you will not. You must be careful about this.
[Off camera voice]: Datuk, I need to ask you this question.
Lingam: Ask me. Ask me.
[Off camera voice]: For a while now…
Lingam: Because we can talk behind these people.
[Off camera voice]… Actually, I think, you know, Daim has more equity interest in Berjaya than Vincent Tan, isn’t that true?
Lingam: Let me tell you something … [inaudible] was bought by Daim … [inaudible]. Later on he did some deals where Daim supposed to help him. One or two he helped. Supposed to give him some money. Didn’t give. Part was paid, part not paid. Later on Daim called up and he got paid.
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Former MP of Buki Bintang, Wee Choo Keong,(ABOVE) 1 day before the nomination (
= == = = ==Coming next Post Habeas corpus application Rejected Apparently the
The Ipoh High Court today struck out, on technical grounds, a habeas corpus application by Hindraf leader M Manoharan who is detained under the Internal Security Act (ISA).
Apparently thecopy of the Detention order was uncertified. Afresh application is being submitted today.
Habeas corpus is a writ ordering prisoners to be brought before a court or judge to ascertain if there are any procedural defects which could render their detention unlawful
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ABOVE: & BELOW: After being thrown out, PKR Leader Gobalkrishnan took time & explain the the crowd what happened
ABOVE: The supporters mingling outside during the proceedings and BELOW: Ouside the Courtroom
= == = == == = == = = =BELOW: Even they don't trust the lawyer, Karpal Singh and had him frisked for weapons
Go H E R E next post ON
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