Tuesday, January 15, 2008

MORE PICS – Day 1 RCI–Lingam Video Clip; Haidar, Steve Shim & Zaitun Zawiyah Declined to Discharge; Video Clip Recorded - Lingam’s House; 17 Witnesses

LATEST UPDATE: January 15, 2008 12:11 PM

Six More Witnesses To Testify Today

KUALA LUMPUR, Jan 15 (Bernama) -- Businessman Loh Mui Fah (ABOVE, on the 2nd Day of the RCI) told the Royal Commission of Inquiry into the "Lingam" video clip on Tuesday that his son recorded the clip. Loh was testifying on the second day of the inquiry into the controversial video clip showing a senior lawyer allegedly brokering the appointment of judges. Six other witnesses are also expected to testify today. They are Parti Keadilan Rakyat (PKR) advisor Datuk Seri Anwar Ibrahim, R. Sivarasa, Sim Tze Tzin, Anti-Corruption Agency (ACA) officer Wan Zulkefli Wan Jusoh, forensic digital expert from Cyber Security Malaysia Mohd Zabri Talib and yesterday's witness, Chuah Lay Choo, who will continue with her testimony.

ABOVE & BELOW: Loh Mui Fah at Lingams house in 2001

Mohd Zabri will testify on the authenticity of the tape. The Royal Commission of Inquiry was set up to, among others, determine the authenticity of the video clip, identify the person in the video clip and to whom he was speaking and the persons mentioned in the conversation. Loh testified that the clip was taken on Dec 20, 2001, at lawyer V. K. Lingam's house when he and his son went there. He said he was supposed to discuss with Lingam who his counsel was and also the year-end gathering. Loh said he could hear all of Lingam's conversation on the phone because he was in close proximity to him. He said Lingam told him that he was on the phone with the Chief Judge of Malaya. Replying to a question by inquiry leading officer DPP Datuk Nordin Hassan on whether Lingam mentioned a name (of the person he was on the phone with), Loh said: "Yes, he did mention. It was Datuk (now Tun) Ahmad Fairuz (Sheikh Abdul Halim)."

= == = ==ORIGINAL Post BelowTuesday January 15, 2008

Lawyer wants Loh cited for contempt

KUALA LUMPUR: Datuk V.K. Lingam’s lawyer wants the father of the person who made the video-clip cited for contempt for disrespecting the Royal Commission of Inquiry by going to the press first. Counsel R. Thayalan complained that businessman Loh Mui Fah, 57 (ABOVE), at an interview and BELOW, arriving on Day 1 of the RC1), had chosen “to give evidence to the media first” before going to the commission. “He gave a press statement at his counsel’s apartment knowing very well it will be published one day before the hearing. It is an act calculated to prejudice the fair hearing of this inquiry,” he said.

While stating his confidence that the commission would not be prejudiced, Thayalan criticised Loh’s conduct, adding that his act and that of his lawyer showed blatant disrespect for the panel. It amounts to contempt,” he said. When commissioner Datuk Mahadev Shankar pointed out that Loh might just have wanted to inform the public about him coming forward to give evidence before the panel, Thayalan said the businessman had not confined his interview to just that. The panel did not make any ruling on the application. Loh had reportedly said on Saturday that his son was the person who had made the clip. Loh is due to testify before the commission today.

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Lingam Tape inquiry begins with controversy

Llew-Ann Phang, theSUN

KUALA LUMPUR (Jan 14, 2008): Day one of the Royal Commission of Inquiry into the Lingam Video Clip saw an unprecedented move by a lawyer for three witnesses asking three of the five panel members to discharge themselves on several grounds. However, commission chairman Tan Sri Haidar Mohd Noor, Tan Sri Steve Shim and Puan Sri Zaitun Zawiyah decided that they would remain on the bench. Only Shim said he would recuse himself if he felt uncomfortable with the proceedings. Haidar said he saw no valid ground to do so while Zaitun said she was merely doing her duty as a government servant. These are the grounds that lawyer M. Puravelan (BELOW) gave for his application when the royal commission convened in the Duta Court Complex in Kuala Lumpur today:

On Haidar:
* He sits on the Perdana Foundation board of trustees, a body that is related to former premier Tun Dr Mahathir Mohamad who is a witness in the proceedings.
* He was implicated for wrongdoing in the corruption court case involving Raphael Pura in which lawyer Datuk V.K Lingam was a counsel.
On Shim:
* His name was mentioned in the video clip and this could affect proceedings should he be called in as a witness.
On Zaitun:
* The former solicitor-general had dealt with civil corruption cases involving Datuk Seri Anwar Ibrahim (who made public the video clip).

The second ground given by Puravalen was that Haidar and Shim were also involved in the judgment in Raphael Pura vs Insas Bhd & another, a case which addressed the issue of corruption in the judiciary at trial stage in the High Court. In that case, the parties attempted to adduce a photograph of lawyer V. K. Lingam holidaying with former chief justice Tun Eusoff Chin.

What else happened today:
* Two Anti-Corruption Agency officers were called as witnesses.

* One of them took photographs of Lingam's house, and he said the living room matched the backround as depicted in the video clip.
* The full 14-minute video clip was played.

* Tomorrow, businessman Loh Mui Fah (who had said his son shot the video clip), Anwar, his aide Sim Tze Tsin, R. Sivarasa, Wan Zulkifli and Mohd Zabri Adil Talib are expected to be called.

KUALA LUMPUR (Jan 14, 2008): The Royal Commission of Inquiry on the Lingam Video Clip kicked off its proceedings today with an unprecedented - though not unexpected - move by a lawyer for three witnesses to ask three of the five panel members to discharge themselves on several grounds.
However, the three commissioners decided later to remain on the bench, saying they saw no reason to recuse themselves at this juncture.
The other two members of the commission are retired Court of Appeal judge Datuk Mahadev Shankar and Suhakam commissioner Professor Emeritus Datuk Dr Khoo Kay Kim.

When the inquiry started at 10am in a packed courtroom at the Jalan Duta Court Complex, M. Puravelan made an application on behalf of Datuk Seri Anwar Ibrahim, his aide Sim Tze Tsin and R. Sivarasa for commission chairman Tan Sri Haidar Mohd Noor, members Tan Sri Steve Shim and Puan Sri Zaitun Zawiyah to be discharged.

Robert Lazar (ABOVE) who represents the Bar Council in the proceedings supported Puravelan's argument on Haidar's post as trustee in the Perdana Foundation but not on his submission on Haidar's involvement in the Pura case. On Shim, Lazar expressed concern over embarassment for him should the evidence of his name being mentioned be abused during proceedings. Lazr did not support Puravelan's submission against Zaitun.
When proceedings reconvened after lunch, all three commissioners decided against discharging themselves. Haidar said: "There is no valid ground to recuse myself (from these proceedings)." Shim said that at this juncture, he was not convinced of the reasons submitted to discharge himself either. However, he added: "I will reconsider my decision in the course of proceedings if I should feel uncomfortable with the proceedings."Zaitun said she was doing her duty as a government servant in the corruption cases and that, in any case, "it was the court's decision, and not mine".
Today's six-and-a-half hour proceedings also saw facilitator DPP Datuk Nordin Hassan submit a list of 17 names for witnesses to be called. First to be called was ACA senior officer Shahadan Mohd Yatim who was assigned last Dec 25 to take photographs of Lingam's home in Kelana Jaya where the video clip was allegedly taken. He testified that Lingam's living room matched that depicted in the video. The DPP then tendered 17 photographs taken on that day. The second witness was ACA senior investigation officer Chua Lay Choo who testified that Shahadan acted on her instructions, and she agreed that the photographs captured matched the image in the video clip. She said she also instructed ACA officer Wan Zulkifli Wan Jusoh to send the video clip to experts at CyberSecurity Malaysia and this was done on Dec 26.

The compact disc containing the clip was returned to her on Saturday (Jan 12). During Chua's testimony, the full 14-minute-long video clip was shown to the courtroom, which was packed with lawyers, journalists and a few observers. Several witnesses, including Anwar and businessman Loh Mui Fah who had earlier said his son was the one who shot the video clip, had turned up but they were not in the courtroom.
Tomorrow, Loh, Sim, Sivarasa, Wan Zulkifli and Mohd Zabri Adil Talib and Anwar are expected to be called.

Before entering the courtroom, visitors were subjected to a security scan (ABOVE) by the police. All witnesses are allowed legal representation.

Lingam is represented by R. Thayalan and tycoon Tan Sri Vincent Tan by N. Ravikumar while Anwar, PKR vice-president Sivarasa and PKR coordinator Sim are represented by Puravelan and three other lawyers.
Former chief justice Tun Ahmad Fairuz Sheikh Abdul Halim is represented by former Attorney-General Chambers' senior prosecutor Salehudin Saidin and two lawyers, former chief justice Tun Mohamed Dzaiddin Abdullah by Khoo Huan Huat and businessman Loh by Americk Singh Sidhu.
The Malaysian Bar is represented by Lazar, Yeo Yang Poh, Christopher Leong, Ranjit Singh and Razlan Abdul while three NGOs - Aliran, Hakam and Suaram - are represented by Azahar Haron and three other lawyers.
The commission was set up to ascertain the authencity of the video clip; identify the persons in the video clip; ascertain the truth or otherwise of the content of the conversation in the video clip, determine whether there is any misconduct and to recommend appropriate action against the person or persons identified in the video clip if there is misconduct.
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January 14, 2008 22:08 PM
Video Clip Made At Lingam's House, Inquiry Told
KUALA LUMPUR, Jan 14 (Bernama) -- The Royal Commission of Inquiry, which was set up to probe into the "Lingam video clip", was told today that the recording was made at the house of lawyer Datuk V. K. Lingam. Anti-Corruption Agency (ACA) senior superintendent Chuah Lay Choo, 52, said he reached to the conclusion after making comparisons between 17 pictures taken by his officer at the guestroom of Lingam's house and what was shown in the clip. Replying to conducting officer Datuk Nordin Hassan, he said he received a copy of the clip at about
10.30am on Dec 19, 2007 from superintendent Wan Zulkifli Wan Jusoh of the ACA Computer Forensic Unit. After viewing the clip, he prepared a transcript of the conversation shown in it and ordered senior assistant superintendent Shahadan Mohd Yatim to take pictures of items at Lingam's house which resembled those shown in the clip.

He said he also gave Shahadan Lingam's house address, namely No. 1,SS7/24, Kelana Jaya, Petaling Jaya, Selangor. Chuah said he had also gone to Lingam's house and entered the guestroom when he was carrying out investigations pertaining to the video clip. After viewing the clip and looking at the 17 pictures taken by Shahadan, he made comparisons between them and found that all the pictures had resemblance with the clip. "In conclusion, based on the pictures and the video clip, I held that they were taken at the same place," he said. He said that on Dec 26, 2007, he ordered Wan Zulkifli to send the video compact disc containing the clip to CyberSecurity Malaysia to see whether it was genuine and received the disc back on Jan 12, 2008 from Wan Zulkifli. Replying to lawyer Ranjit Singh who represented the Bar Council, Chuah agreed with the lawyer's suggestion that the disc that he received was a copy and not the original clip and the one sent to CyberSecurity Malaysia was also a copy.

Ranjit later told the Commission that there were several differences between the transcript prepared by Chuah and the other which was made by it. Following this, Tan Sri Haidar Mohamed Nor who chairs the Commission, asked Ranjit to identify the differences and give them to Chuah to enable him to refer to them tomorrow. The 14-minute video clip was also shown during the inquiry today after Nordin applied for it. Meanwhile, Shahadan, 53, who became the first witness called before Chuah, said he went to Lingam's house on Dec 25 last year and the lawyer did not ask him why he wanted to take pictures at the guestroom.

Shahadan, who serves at the Intelligence Division of the ACA, said Lingam allowed him to enter the house, showed him the guestroom and left. He said that he took 17 pictures at the guestroom using a digital cameras as ordered by Chuah the day before. He said that on Dec 25 last year, he was shown the clip showing Lingam talking on a telephone and the instruction he received from Chuah was to take pictures of items at the guestroom of Lingam's house which resembled those in the clip. The 17 pictures were shown by Nordin to Shahadan who explained that among those that he took were pictures of a porcelain bowl, door knob, chandelier, a cabinet, framed photograph of Lingam and his wife and a sofa. Asked whether he could make a conclusion that he took the pictures at the same room as that in the clip, Shahadan said: "I brought along a laptop computer and played and freezed the video clip and I found that the room was similar to that in the video clip."
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anuary 14, 2008
20:13 PM
Dr Mahathir Among 16 Witnesses In Inquiry

KUALA LUMPUR, Jan 14 (Bernama) -- Former prime minister Tun Dr Mahathir Mohamad, Tourism Minister Datuk Seri Tengku Adnan Tengku Mansor and three former chief justices are among 17 witnessses to be called to testify in the Royal Commission of Inquiry into the controversial "Lingam" video clip. The list was released by conducting officer Datuk Nordin Hassan after reading out his opening statement at the hearing which started today.The three chief justices are Tun Mohd Eusoff Chin, Tun Mohamed Dzaiddin Abdullah and Tun Ahmad Fairuz Sheikh Abdul Halim, who retired last year.Also in the list are business tycoon Tan Sri Vincent Tan Chee Yioun, Tan Sri Samsudin Osman, the lawyer implicated in the video clip, Datuk V.K. Lingam,

and Parti Keadilan Rakyat (PKR) advisor Datuk Seri Anwar Ibrahim (ABOVE). Anti-Corruption Agency officers Shahadan Mohd Yatim, Chuah Lay Choo and Wan Zulkefli Wan Jusoh, lawyer R.Sivarasa, Anwar's special assistant, Sim Tze Tzin, Mohd Zabri Adil Talib, Pushpa binti Al Bakri Devadason and businessman Loh Mui Fah.(BELOW, with his lawyer)

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ABOVE: Lawyer for businessman Loh Mui Fah explainong that the son would be arriving on Thursday and BELOW: Anwar speaking to newsmen about the 3 "unqualified" members
= = == = == Continue H E R E on Day 2 of the RCI on

MORE PICS – Businessman Loh Mui Fah: Lingam is the one Talking in Video Clip, Call was From - Ahmad Fairuz; Lingam's Voice Verified in Spanish Lab; “Looks & sounds like him”- maintained Lingam’s lawyer Thayalan


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