Tuesday, January 29, 2008

Transcript Lingam 3rd Video Clip - Anwar releases Segment Jan 28 08; Implicates former CJ Dzaiddin Abdullah taking Gifts from Lingam & Vincent Tan

Transcript Lingam 3rd Video Clip Saga - Anwar Ibrahim releases 3rd Segment Jan 28 08; implicates former CJ Dzaiddin Abdullah taking Gifts from Lingam & Vincent Tan

January 28, 2008 15:24 PM
Anwar Has Third Video Clip On Brokering Of Judges

KUALA LUMPUR, Jan 28 (Bernama) -- The Royal Commission of Inquiry was told today that Datuk Seri Anwar Ibrahim has a third video clip on the brokering of judges. M.Puravelan, counsel for Anwar, who is Parti Keadilan Rakyat (PKR) advisor, said the video clip came into Anwar's possession during the weekend. This led commission chairman Tan Sri Haidar Mohamed Noor to remark: "That's news". Earlier, Haidar questioned why Anwar did not forward the tape earlier. He said Anwar should have not disclosed the tape in stages as the commission had a time-frame to complete its work. Puravelan answered that the tape only came into Anwar's possession during the weekend. Haidar then said the commission would look at the tape to see whether it was relevant or not. Another commissioner, Datuk Mahadev Shankar, then said: "The previous video clip was broadcast to the world but now he wants to share it with us (the commission) and not anybody else."
Anwar had released an 8-minute and a 14-minute video clip purportedly showing lawyer Datuk V.K.Lingam brokering judicial appointments over the phone with a top judge. The inquiry is to ascertain the authenticity of the clip, among others.

Press Statement -
Jan 28, 08 12:54pm (KeADILan) de facto leader Anwar Ibrahim today released a ‘third segment’ of the controversial VK Lingam video.The new five-minute clip, which the opposition leader said was given to him last Friday, was posted on his official website. “This clip adduces additional evidence that the conspiracy currently being investigated by the royal commission extends beyond the attempt to fix the appointment of (former chief justice) Ahmad Fairuz (Sheikh Abdul Halim) to the Federal Court. “This new segment directly implicates former chief justice Dzaiddin Abdullah who allegedly received bribes from (senior lawyer) VK Lingam and (business tycoon) Vincent Tan,” he said in a statement. Dzaiddin was chief justice from December 2000 until 2003 before being succeeded by Ahmad Fairuz, who retired last November. Anwar quoted Lingam as saying in the clip:

“And we have given him (Dzaiddin) the most expensive gift. Don’t ask about it lah. I have given him and Vincent Tan has given him.” Turning his focus to the royal commission set up to probe the first two segments of the video also released by Anwar, the (KeADILan) leader said: “While the creation of the commission gave the public some hope that the credibility and integrity of the judiciary might be restored, we are unimpressed with the proceedings and the procedural decisions made by the commissioners thus far. “The royal commission must operate with the highest level of integrity and transparency so as not to be seen as feeding the rot which has tarnished the Malaysian courts. “I submit this new piece of evidence to the public, and extent my full cooperation to the commission’s ongoing proceedings.”Although Anwar, who was former deputy premier until his unceremonious exit in 1998, has revealed that he can shed some light on the scandal, the commission today decided not to call him as a witness.

Video transcript
= == = === == = == Video Clip 5min Trascript (unofficial, not 100% correct)

Anwar’s website also contained a transcript of the latest segment.
Lingam: The constitution judges said the constitution said, in the opinion of the prime minister he recommend. Who the prime minister recommend?
So you are Dzaiddin, you are chief justice, you recommend 10 names, I consent, I said I want these 15 names, can’t do anything. He recommend to rulers, rulers only consulted, not approve, only consult. You know?
[Voice off-camera]: Because if it goes up to the Court of Appeal…

Lingam: Now Dzaiddin wants to come through the PM because he wants his Tun-ship. So…he doing everything to please the PM lah, but he recommended five judges, three…three approved, which is Tun Eusoff Chin’s men, two not Eusoff Chin’s men which we objected. I prepared the report and rejected… but he wants to appeal again lah.
[Voice off-camera]: Can he appeal?

Lingam: He can appeal lah, but will be rejected lah.
[Voice off-camera]: I never know appointment can be rejected you know?

Lingam: No, recommendation can be rejected. The PM shall recommend so and so, after consulting so and so. So, PM suppose to consult Loh Mui Fah before he recommends. So Loh Mui Fah recommend 10 names, he in fact can say I disagree with your 10 names, I recommend Gurm…Lingam and so and so. Nothing you can do. You are only…you are supposed to be consulted, not to be approved. You see the point or not? The constitution said consult. I suppose to consult my father before I marry, I consulted him, he disagreed but still I married!
[Voice off-camera]: Because that is not final, ah.

Lingam: Right, consult is to discuss. That’s all. But if I must get my father’s approval before married, then different. Approval different from consult.
[Voice off-camera]: So, who is the lord president now?

Lingam: Now chief justice Dzaiddin.
[Voice off-camera]: Dzaiddin

Lingam: But between you and me. We have taken Dzaiddin for dinner three times.
[Voice off-camera]: Three times already.

Lingam: And we have given him the most expensive gift. Don’t ask about it lah. I have given him and Vincent Tan has given him. So, he also cannot attack us. Tomorrow we go say we give you this, this, this. He cannot go and say you are a agent. Correct or not? So, he is neither here nor there lah. That’s all.
[Voice off-camera]: But… Chief Justice..

Lingam: But in the court when I argue with him. He said, Datuk Lingam you said you will take one hour. I said, my Lord, it is only 50 minutes, I got another 10 minutes. But…I appreciate. Thank you, thank you… He is very nice with me, very polite with me. I have been sending cakes every Hari Raya. Vincent has been sending. He can’t go and say he is very clean, correct or not?
[Voice off-camera]: But then he is…

Lingam: But he is playing his game lah. He got the job, that’s it. Now, September he is finished that’s all. Make sure he is not extended.
[Voice off-camera]: But, he may ask for extension.

Lingam: He is hoping… he told somebody that he likes the job very much. Then he likes…Let him dream lah.
[Voice off-camera]: Above him is the Lord President?

Lingam: He is the number one man, Dzaiddin.
[Voice off-camera]: Whose the Lord President?

Lingam: He is called… those days called lord president, now called chief justice, federal court.
[Voice off-camera]: Oh… it is the same title.

Lingam: Number two President Court of Appeal, that Wan Adnan, my personal friend. He was sick. Nobody knows he is close to me. Right, in fact, he never knew his name is going up until I told him. Then number three, Ahmad Fairuz, Chief Judge Malaya. Ahmad Fairuz is going to be acting, now acting…number two. Right?
So, next minute, even Raja Aziz said he is going to be the next top job. He is…definitely number one lah.
So, he told me I leave it all to you and you must help me and all…I said I’ll arrange for you to meet Tengku Adnan, Vincent and meet with PM lah…
But this bugger is sometimes a bit scared. Ah…I must play shadow from the behind. Nobody should know I know you. Then you can help more. But people, see you know more, like Eusoff Chin, because I met him in
New Zealand, became a problem. But if I didn’t meet him in New Zealand, it’s a… no problem.
Correct or not? Unfortunate.
[Voice off-camera]: Then, in your…then they said you have taken photograph with him holidaying in…huh…huh…

Lingam: But unfortunately, I didn’t know. The worst thing I didn’t know Eusoff Chin put his hand like that! Alamak…so…I also didn’t know about it. What to do?
[Voice off-camera]: Then… then…

Lingam: Do you know, today one o’clock, Eusoff Chin having lunch in his house today. Hari Raya today. He called me and my wife to come. I told him we don’t go today, we make it another day. I don’t come but my wife and children will come. You know or not?
I told my wife to call…[unclear]…
[phone rings]…

Lingam: The constitution judges said the constitution said, in the opinion of the prime minister he recommend. Who the prime minister recommend? So you are Dzaiddin, you are chief justice, you recommend 10 names, I consent, I said I want these 15 names, can’t do anything. He recommend to rulers, rulers only consulted, not approve, only consult. You Know?
[Voice off-camera]: Because if it goes up to the Court of Appeal…

Lingam: Now Dzaiddin wants to come through the PM because he wants his Tun-ship. So…he doing everything to please the PM lah, but he recommended five judges, three…three approved, which is Tun Eusoff Chin’s men, two not Eusoff Chin’s men which we objected. I prepared the report and rejected… but he wants to appeal again lah.
[Voice off-camera]: Can he appeal?

Lingam: He can appeal lah, but will be rejected lah.
[Voice off-camera]: I never know appointment can be rejected you know?

Lingam: No, recommendation can be rejected. The PM shall recommend so and so, after consulting so and so. So, PM suppose to consult Loh Mui Fah before he recommends. So Loh Mui Fah recommend 10 names, he in fact can say I disagree with your 10 names, I recommend Gurm…Lingam and so and so. Nothing you can do. You are only…you are supposed to be consulted, not to be approved. You see the point or not? The constitution said consult. I suppose to consult my father before I marry, I consulted him, he disagreed but still I married!
[Voice off-camera]: Because that is not final, ah.

Lingam: Right, consult is to discuss. That’s all. But if I must get my father’s approval before married, then different. Approval different from consult.
[Voice off-camera]: So, who is the lord president now?

Lingam Now chief justice Dzaiddin.
[Voice off-camera]: Dzaiddin…

Lingam: But between you and me. We have taken Dzaiddin for dinner three times.
[Voice off-camera]: Three times already.

Lingam: And we have given him the most expensive gift. Don’t ask about it lah. I have given him and Vincent Tan has given him. So, he also cannot attack us. Tomorrow we go say we give you this this this. He cannot go and say you are a agent. Correct or not? So, he is neither here nor there lah. That’s all.
[Voice off-camera]: But… Chief Justice..

Lingam: But in the court when I argue with him. He said, Datuk Lingam you said you will take one hour. I said, my Lord, it is only 50 minutes, I got another 10 minutes. But…I appreciate. Thank you, thank you… He is very nice with me, very polite with me. I have been sending cakes every hari raya. Vincent has been sending. He can’t go and say he is very clean, correct or not?
[Voice off-camera]: But then he is…

Lingam: But he is playing his game lah. He got the job, that’s it. Now, September he is finished that’s all. Make sure he is not extended.
[Voice off-camera]: But, he may ask for extension.

Lingam: He is hoping… he told somebody that he likes the job very much. Then he likes…Let him dream lah.
[Voice off-camera]: Above him is the Lord President?

Lingam: He is the number one man, Dzaiddin.
[Voice off-camera]: Whose the Lord President?

Lingam: He is called… those days called lord president, now called chief justice, federal court.
[Voice off-camera]: Oh… it is the same title.

Lingam: Number two President Court of Appeal, that Wan Adnan, my personal friend. He was sick. Nobody knows he is close to me. Right, in fact, he never knew his name is going up until I told him. Then number three, Ahmad Fairuz, Chief Judge Malaya. Ahmad Fairuz is going to be acting, now acting…number two. Right? So, next minute, even Raja Aziz said he is going to be the next top job.

He is…definitely number one lah. So, he told me I leave it all to you and you must help me and all…I said I’ll arrange for you to meet Tengku Adnan, Vincent and meet with PM lah…But this bugger is sometimes a bit scared. Ah…I must play shadow from the behind. Nobody should know I know you. Then you can help more. But people, see you know more, like Eusoff Chin, because I met him in New Zealand, became a problem. But if I didn’t meet him in New Zealand, it’s a… no problem. Correct or not? Unfortunate.
[Voice off-camera]: Then, in your…then they said you have taken photograph with him holidaying in…huh…huh…

Lingam: But unfortunately, I didn’t know. The worst thing I didn’t know Eusoff Chin put his hand like that! Alamak…so…I also didn’t know about it. What to do?
[Voice off-camera]: Then… thenLingam: Do you know, today
one o’clock, Eusoff Chin having lunch in his house today. Hari Raya today. He called me and my wife to come. I told him we don’t go today, we make it another day. I don’t come but my wife and children will come. You know or not?

I told my wife to call…[unclear]… [phone rings]
Lingam: Hello…Joe Ah…!

= == = == UPDATE Day 11 RCI

I Didn't Ask Lingam To Show Cause, Says Ahmad Fairuz

ABOVE: Former CJ Tun Ahmaf Fairuz arriving on Day 11

KUALA LUMPUR, Jan 29 (Bernama) -- Former Chief Justice Tun Ahmad Fairuz Sheikh Abdul Halim said he did not summon lawyer Datuk V.K.Lingam to show cause on why he should not be cited for contempt for allegedly making untrue remarks and scandalising the judiciary. Ahmad Fairuz, however, concurred with the Malaysian Bar's lawyer Yeo Yang Poh that there could be a prima facie cause for contempt of court on Lingam as he had put the judiciary's reputation in very bad light. Lingam was featured in a video clip allegedly brokering judicial appointments.

However, Ahmad Fairuz, who retired in Nov 1 last year, said it was difficult for him to summon Lingam since the subject matter was under investigations by the Anti-Corruption Agency (ACA). "At that time, I didn't know the outcome of the investigations and the contents of the video clip was not proven whether it was authentic or fabricated. Also, I could not confirm positively who was the speaker in the video clip," said Ahmad Fairuz, 66, who was continuing his testimony in the royal commission of inquiry into the Lingam video clip from Monday. The five-member inquiry, headed by retired Chief Judge of Malaya Tan Sri Haidar Mohamed Noor, into the controversial video clip entered the 11th day today, among others, to determine the authenticity of the clip.

Ahmad Fairuz was referred to a portion of the transcript of the video clip where the speaker told the person sitting on a sofa that he (the speaker) was speaking to him (Ahmad Fairuz), who was then the Chief Judge of Malaya (CJM), on the telephone. Asked by Yeo on whether he was upset when he heard the remarks in the video clip, which was shown to him yesterday, Ahmad Fairuz, the 14th witness, said: " Off course, I am".
Referring to another portion in the transcript..."You suffered so much, so much you have done. you know, for the election petition, Wee Choo Keong, everything. How much, nobody would have done all these.

Yeo asked Ahmad Fairuz whether the remarks showed the speaker in the video clip was speaking to you, Ahmad Fairuz said: "The inference is there". Yesterday, Ahmad Fairuz said he was the election court judge presiding the election petition for the Bukit Bintang parliamentary seat involving lawyer Wee Choo Keong.Ahmad Fairuz also denied allegations in the video clip that there were different camps in the judiciary.

To a question by counsel Khoo Guan Huat representing former Chief Justice Tun Mohamed Dzaiddin Abdullah on whether he (Ahmad Fairuz) might have told Dzaiddin on the eve of the Yang di-Pertuan Agong's birthday in 2002 that Tourism Minister Datuk Seri Tengku Adnan Tengku Mansor had recommended that he (Ahmad Fairuz) be conferred the "Tan Sri" title. Ahmad Fairuz said: "I don't remember. I only remember informing Dzaiddin that I have been conferred the "Tan Sriship".

Ahmad Fairuz also testified that he did not respond publicly to the allegations after the release of the video clip as he did not want to jeopardise ACA investigations."I did not take steps to reply to the allegations in public as the matter was already a subject of investigation," he said when questioned by Yeo on why he sent three letters to the Prime Minister, Deputy Prime Minister and Minister in the Prime Minister's Department Datuk Seri Mohamed Nazri Abdul Aziz to explain his views and his stand on the video clip after reading the article and transcript of the video clip.

Ahmad Fairuz testified yesterday that he decided to send the letters to the three personalities because they were the representatives from the Executive branch and since he was the head of the judiciary, he was of the view that it was necessary for him to inform the Executive about the allegations of him and also his stand in denying the allegations. Ahmad Fairuz said he wrote the letters to the three personalities to enable them to answer questions in Parliament if the issue was raised. "There were investigations going on. So, I feel I should not make any comment," Ahmad Fairuz added.

= = == =

ABOVE: Lingam on Day 11

= == = == = == =

LAZAR: It's a lie!

BERNAMA; KUALA LUMPUR, TUES:
Malaysian Bar representative Robert Lazar today refuted Datuk V.K.Lingam’s claim that he had sought Lingam’s assistance to be appointed a Court of Appeal judge, describing it as an outrageous lie. Lazar 51, who is attached to Shearn Delamore & Co, said the allegation made by Lingam had absolutely no basis and was not true.

“I was told that the incident took place in 2000. At that time I was 43 years old and I had 23 years of legal experience. I had no reason to abandon my legal career in order to be Court of Appeal judge. The occasion never arose at all,” he said. Lazar was allowed by the Royal Commission of Inquiry into the Lingam video clip to take the witness stand to rebut Lingam’s allegation.
Lingam told the inquiry yesterday that Lazar approached him in early 2000 to seek assistance to meet the then prime minister, Tun Dr Mahathir Mohamad, to help him become an appellate judge. Asked by Malaysian Bar representative Yeo Yang Poh whether he and Lingam had a drink together after a court case, Lazar said he never had a drink with Lingam after a court case or in any other place.
Asked why Lingam had made such an allegation against him, Lazar said Lingam was out to discredit and embarrass him. Lazar said the allegation was also an attempt to disqualify him from continuing to represent the Malaysian Bar.
“I won’t succumb to that. The allegation was also to distract me,” he added.

To a suggestion from Lingam’s counsel, R.Thayalan, that after a court case, he had a drink with Lingam at Sembang Restaurant at the Kuala Lumpur High Court where he sought Lingam’s help to get him appointed as an appellate judge, Lazar said he never had a drink with Lingam. Lazar also stressed that he did not at any time have a conversation with Lingam on the matter.

= == == = == == =
and Tycoon Vincent Tan denies influencing Dr M in Judicial Appointments

Vincent Tan says that it was a “real joke” to suggest that Mahathir consulted him on the appointment of judges as indicated in a video clip which featured lawyer VK Lingam

January 29, 2008 00:32 AM
Eusoff Denies "Different Camps" In The Judiciary

KUALA LUMPUR, Jan 28 (Bernama) -- Former Chief Justice Tun Eusoff Chin denied that he and Tun Mohamed Dzaiddin Abdullah were not in good terms.

Saying that Dzaiddin was cordial with him, he also denied there were "different camps" in the judiciary, during his (Eusoff) term as chief justice. Eusoff, 73, said this when being recalled to the witness stand today, in the Royal Commission of Inquiry into the video clip allegedly showing lawyer Datuk V. K. Lingam brokering on judicial appointments with a top judge. He was replying to a question by Malaysian Bar representative Ranjit Singh, relating to an allegation contained in the transcript of the conversation of the speaker in the video clip, implying that Eusoff was not in good terms with Mohamed Dzaiddin who succeded him (Eusoff) as chief justice after Eusoff retired in 2000.

The paragraph in the transcript which was referred to Eusoff was, "You know that the same problem Tun Eusoff Chin had... he tried to do all this and... and yet he had run out of soldiers. He couldn't do it because many were on the other camp..."

Eusoff replied: "I don't understand what he is talking about". Laughs and adds: "No such thing. In fact, I don't know what he (the speaker in the video clip) was talking about." He was recalled to give evidence after the commission put on hold his testimonies (on Jan 18) to allow him to engage counsel. Eusoff is currently represented by counsel Zamani Ibrahim and Datuk Hazman Ahmad.

Referring to another paragraph of the transcript, "One day, I went to Vincent Tan's house, I fired with... him at night in the 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 Zainon, all fought for us." Eusoff said the paragraph did not make sense to him, adding that only Lingam knew the answer. To another question on whether former chief justice Tun Ahmad Fairuz Sheikh Abdul Halim (the person purportedly on the other end of the telephone) was loyal to him, Eusoff replied:

"Not only to me, but (to) everybody as they had taken oath of office." He refuted claims that he received a handphone, a lady's handbag and a wallet from Lingam, around 1996, saying that the allegations in the transcript of the conversation was concocted and a big lie. On an allegation by Lingam's younger brother that he (Lingam) gave a house in Kampung Tunku to Eusoff in Oct 1995, but that Eusoff and his wife were unhappy with the house as they wanted a bigger land to build a house of their own choice, Eusoff said: "There was no necessity for me to have another house as my wife bought the current house we are staying in, in 1995 through government loan." Referring to another paragraph of the transcript which implied that thespeaker on the telephone was close to him, Eusoff denied that Lingam visited him during the day or at night.
He reiterated that he did not have any contact with Lingam. To a question by Ranjit on why he thought the speaker said in his telephone conversation that he could go to him (Eusoff), Eusoff said: "Anybody could approach me. The door was open to even his staff to be able to see me. I would not disappoint them."

He agreed with Ranjit that Lingam could walk into his office room, if he wanted to but added that he (Lingam) never did. Eusoff said he was not involved in any manner, with regard to the appointment of judges since his retirement, as there was another chief justice being appointed to handle that matter.

= == = =see More updates in Coming post on

Day 11 - RCI; Vincent Tan No influence on judicial Appoinments; Lazra: Lingam a Bloddy Liar; Dzaiddin & Eusoff agreed - No Diferent Camps in Judiciary



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