Monday, January 28, 2008
Clip Video 111
Transkrip perbualan:
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?
Off-Camera Voice
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.
Off-Camera Voice
Can he appeal?
Lingam
He can appeal lah, but will be rejected lah.
Off-Camera Voice
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!
Off-Camera Voice
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.
Off-Camera Voice
So, who is the lord president now?
Lingam
Now chief justice Dzaiddin.
Off-Camera Voice
Dzaiddin…
Lingam
But between you and me. We have taken Dzaiddin for dinner three times.
Off-Camera Voice
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.
Off-Camera Voice
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?
Off-Camera Voice
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.
Off-Camera Voice
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.
Off-Camera Voice
Above him is the Lord President?
Lingam
He is the number one man, Dzaiddin.
Off-Camera Voice Who's the Lord President?
Lingam
He is called… those days called lord president, now called chief justice, federal court.
Off-Camera Voice
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.
Off-Camera Voice
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?
Off-Camera Voice
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
Hello … Joe Ah…!
Note:
Because some parts of the recording are inaudible the transcript may not be 100% accurate.
Tuesday, January 22, 2008
Commission to decide relevancy of former CJ Eusoff's NZ holiday with Lingam
Tuesday, 22 January 2008 08:36pm
©The Sun by R. Surenthira Kumar
KUALA LUMPUR (Jan 22, 2008): The Royal Commission set up to probe the video clip showing a senior lawyer brokering the appointment of judges will decide on Thursday (Jan 24) whether it will delve into other aspects, besides the "fixing" of the judges’ appointment.
The Commission was urged by several lawyers to probe into the other issues which had cropped up in the course of the hearing, particularly in relation to:
• the "fixing" of decisions, as found in the transcript of the video clip recording; and
• the extent of the relationship between the person speaking on the phone in the video clip and former Chief Justice Tun Mohamed Eusoff Chin.
The Commission would also rule on Thursday whether more questions related to Datuk V.K.Lingam’s trip to New Zealand in 1999 would be allowed.
Malaysian Bar’s representative Robert Lazar submitted the Commission cannot be limited on its duties by sticking to the terms of the reference strictly, as it also has to consider other relevant evidence which crop up during the course of the proceedings and decide if the evidence adduced is relevant.
He said in the context of the Commission’s terms of reference applying to the transcript, the question to bear in mind is, "is the fixing of judges the end objective in itself, or is it a means to an end?"
Lazar said the answer is clearly the latter, and the broad ends are mentioned in the transcript;
• on page 7 - "Eusoff Chin and I are extremely close, you know." Lazar said this speaks to the purported close relationship between Lingam and Mohamed Eusoff.
• on page 7 – "Yeah, Eusoff Chin in power, I can straight get Pom, Pom, Pom, Pom. But now Dzaiddin is there and ... Dzaiddin is attacking our cases that is why James Kumar (Foong) is aligned to Dzaiddin. But Dzaiddin’s retiring 15th of September. He’s finished."
Lazar said this suggests the ends that were achieved by such a close relationship in the past and speaks of the intention of the speaker to re-establish access to judges for the possible purposes of influencing cases.
• on page 1 – "Ah, as per our memo, I … discussed with Tun … aa … Tun Eusoff Chin and we sent the same memo to PM."
Lazar said this further exemplifies the above point, that Lingam is able to influence these persons on the appointment of judges.
• on page 2 – "You know this is the same problem Tun Eusoff Chin had ... he ran out of soldiers."
Lazar said this once again suggests that the purpose for influencing the appointment and promotion of judges is to ensure that there are judges placed at the appropriate levels of the judiciary in order to ensure there would be people to do their bidding. Therefore, the video clip does not relate solely to judicial appointments, but also the "fixing" of cases.
Hence, any misbehaviour must relate to the entirety of the contents of the video clip. The implications are not limited to the fixing of judicial appointments but any matter leading to or resulting from the fixing and brokering of judicial appointments.
Lazar said the Commission must take into consideration the evidence first, before deciding if it is admissibile or not, instead of ruling from the outset that it cannot probe into such evidence as it is beyond the ambit of the Commission’s terms of reference.
Lazar also disagreed with Lingam’s lawyer, R.Thayalan’s submission on Monday (Jan 21), that the Commission should not probe into his client’s trip to New Zealand as it was not related to the scope of the Commission’s terms of reference.
He added the questions on the New Zealand holiday are directly relevant because it addresses the following issues:
• the truthfulness of the statement, "are extremely close";
• assists the Commission in determining the identity of the speaker in the video clip; and
• demonstrates the credibility or otherwise of those witnesses who are said to have been on this holiday.
Lazar also said the powers of the Commission, in relation to the Evidence Act, are far wider than an ordinary court and thus can admit evidence, any evidence which might be inadmissible in a civil or criminal proceeding.
"But it should not be interpreted as a ‘free for all’ move," remarked Commission chairman Tan Sri Haidar Mohamed.
Commission members Datuk Mahadev Shankar said the evidence to be submitted must have some relevance to the proceeding while Tan Sri Steve Shim Lip Kiong said it must relate to the Commission’s terms of reference.
"We cannot put on the blinkers and say the appointment of judges is fixed and the matter ends there," said Lazar , adding that it is important for them to raise this point at this stage of the inquiry.
"We are not allowed to go on a fishing expedition to discover other things. There is a limit," replied Mahadev Shankar.
Shim then asked which part of the transcript relates to the alleged fixing of decisions, and Lazar pointed out the part of the person on the phone claiming "when Mohamed Eusoff was in power he could get ... pom, pom, pom, pom", "Dzaiddin is attacking our cases now", "you suffered so much ... so much you have done. You know, for the election petition, Wee Choo Keong, everything".
Lazar said unless there is evidence to show Lingam’s relationship with Mohamed Eusoff was no longer close, as a result of a row between them, the Commission has to accept the evidence available on the closeness of the relationship between the two men.
Lawyer representing former Chief Justice Tun Ahmad Fairuz Sheikh Abdul Halim submitted that the Commission's terms of reference to the object of enquiry, relevancy of any proposed questions may readily be discerned.
"Any answers given by Lingam and Mohamed Eusoff tending to or probative of the ‘closeness’ of their relationship is not also probative of the issue tending to show whether there has been an improper interference with judicial appointments. In this sense, it is completely irrelevant," said Kamarul.
Prior to that, when the proceedings began late afternoon, on its seventh day of inquiry here today, three lawyers appeared on behalf of Mohamed Eusoff.
Zamani Ibrahim, Datuk Hazman Ahmad and Mohd Fauzi Mohd Zin, said they are taking the same stand as Lingam’s lawyer Thayalan, that the issue of the trip to New Zealand is outside the Commission's terms of reference.
Zamani said they would also submit on it on Thursday (Jan 24).
Others to submit on the issue was lawyer Khoo Guan Huat, who represented former Chief Justice Tun Mohamed Dzaiddin Abdullah.
Khoo said his client objected the Commission should take into consideration evidence which fell outside the spectrum of the Commisison’s terms of reference.
Azhar Azizan Harun, who represented several human rights NGOs, Suaram, Aliran and Hakam, said the Commission should weigh the question of admissibility of the other available evidences in the interest of public welfare as it involved the question of independence of the judiciary.
Mahadev Shankar said the Commission was not with him on the point.
Co-counsel for Lingam’s brother V.Thirunama Karasu, John Fan referred to the Police Investigations Committee formed in New Wales, Australia, as a guide on the Commission’s authority, but Shim shot down the submission, saying it was of a different mode.
Thirunama Karasu’s other lawyer, Wee Choo Keong enraged the Commission when he too wanted to submit on the issue.
Haidar had to shout to him to sit down, as Wee persisted in submitting despite Shim and Mahadev saying they would consider Wee’s written submission.
"There are many scandalous allegations in your submission, and we do not want it to be ventilated in the press. We don’t want a trial by the media," said Mahadev Shankar.
"Don’t argue please, listen to me! Can you please sit down. We will give you the opportunity to submit," added Haidar.
M.Puravalen, the lawyer representing former Deputy Prime Minister Datuk Seri Anwar Ibrahim, said his client was taking the same position as the Malaysian Bar.
Deputy Public Prosecutors (DPPs) Datuk Nordin Hassan and Datuk Azmi Ariffin, when asked by Haidar whether they had a stand on the matter, gave a written submission to the Commission.
The DPPs’ summarised the evidence sought to be given on the closeness of Lingam and Mohamed Eusoff, could not in any way show the role played by the latter, if any, in the appointment of judges and therefore it does not come within the terms of the Commission’s terms of reference.
Lazar then raised the question of whether the Commission should ask the DPP to submit on the matter, suggesting the Commission should not hear them.
But Haidar said since the DPPs are assisting the Commission, it had a right to seek their assistance on the issue.
©The Sun by R. Surenthira Kumar
KUALA LUMPUR (Jan 22, 2008): The Royal Commission set up to probe the video clip showing a senior lawyer brokering the appointment of judges will decide on Thursday (Jan 24) whether it will delve into other aspects, besides the "fixing" of the judges’ appointment.
The Commission was urged by several lawyers to probe into the other issues which had cropped up in the course of the hearing, particularly in relation to:
• the "fixing" of decisions, as found in the transcript of the video clip recording; and
• the extent of the relationship between the person speaking on the phone in the video clip and former Chief Justice Tun Mohamed Eusoff Chin.
The Commission would also rule on Thursday whether more questions related to Datuk V.K.Lingam’s trip to New Zealand in 1999 would be allowed.
Malaysian Bar’s representative Robert Lazar submitted the Commission cannot be limited on its duties by sticking to the terms of the reference strictly, as it also has to consider other relevant evidence which crop up during the course of the proceedings and decide if the evidence adduced is relevant.
He said in the context of the Commission’s terms of reference applying to the transcript, the question to bear in mind is, "is the fixing of judges the end objective in itself, or is it a means to an end?"
Lazar said the answer is clearly the latter, and the broad ends are mentioned in the transcript;
• on page 7 - "Eusoff Chin and I are extremely close, you know." Lazar said this speaks to the purported close relationship between Lingam and Mohamed Eusoff.
• on page 7 – "Yeah, Eusoff Chin in power, I can straight get Pom, Pom, Pom, Pom. But now Dzaiddin is there and ... Dzaiddin is attacking our cases that is why James Kumar (Foong) is aligned to Dzaiddin. But Dzaiddin’s retiring 15th of September. He’s finished."
Lazar said this suggests the ends that were achieved by such a close relationship in the past and speaks of the intention of the speaker to re-establish access to judges for the possible purposes of influencing cases.
• on page 1 – "Ah, as per our memo, I … discussed with Tun … aa … Tun Eusoff Chin and we sent the same memo to PM."
Lazar said this further exemplifies the above point, that Lingam is able to influence these persons on the appointment of judges.
• on page 2 – "You know this is the same problem Tun Eusoff Chin had ... he ran out of soldiers."
Lazar said this once again suggests that the purpose for influencing the appointment and promotion of judges is to ensure that there are judges placed at the appropriate levels of the judiciary in order to ensure there would be people to do their bidding. Therefore, the video clip does not relate solely to judicial appointments, but also the "fixing" of cases.
Hence, any misbehaviour must relate to the entirety of the contents of the video clip. The implications are not limited to the fixing of judicial appointments but any matter leading to or resulting from the fixing and brokering of judicial appointments.
Lazar said the Commission must take into consideration the evidence first, before deciding if it is admissibile or not, instead of ruling from the outset that it cannot probe into such evidence as it is beyond the ambit of the Commission’s terms of reference.
Lazar also disagreed with Lingam’s lawyer, R.Thayalan’s submission on Monday (Jan 21), that the Commission should not probe into his client’s trip to New Zealand as it was not related to the scope of the Commission’s terms of reference.
He added the questions on the New Zealand holiday are directly relevant because it addresses the following issues:
• the truthfulness of the statement, "are extremely close";
• assists the Commission in determining the identity of the speaker in the video clip; and
• demonstrates the credibility or otherwise of those witnesses who are said to have been on this holiday.
Lazar also said the powers of the Commission, in relation to the Evidence Act, are far wider than an ordinary court and thus can admit evidence, any evidence which might be inadmissible in a civil or criminal proceeding.
"But it should not be interpreted as a ‘free for all’ move," remarked Commission chairman Tan Sri Haidar Mohamed.
Commission members Datuk Mahadev Shankar said the evidence to be submitted must have some relevance to the proceeding while Tan Sri Steve Shim Lip Kiong said it must relate to the Commission’s terms of reference.
"We cannot put on the blinkers and say the appointment of judges is fixed and the matter ends there," said Lazar , adding that it is important for them to raise this point at this stage of the inquiry.
"We are not allowed to go on a fishing expedition to discover other things. There is a limit," replied Mahadev Shankar.
Shim then asked which part of the transcript relates to the alleged fixing of decisions, and Lazar pointed out the part of the person on the phone claiming "when Mohamed Eusoff was in power he could get ... pom, pom, pom, pom", "Dzaiddin is attacking our cases now", "you suffered so much ... so much you have done. You know, for the election petition, Wee Choo Keong, everything".
Lazar said unless there is evidence to show Lingam’s relationship with Mohamed Eusoff was no longer close, as a result of a row between them, the Commission has to accept the evidence available on the closeness of the relationship between the two men.
Lawyer representing former Chief Justice Tun Ahmad Fairuz Sheikh Abdul Halim submitted that the Commission's terms of reference to the object of enquiry, relevancy of any proposed questions may readily be discerned.
"Any answers given by Lingam and Mohamed Eusoff tending to or probative of the ‘closeness’ of their relationship is not also probative of the issue tending to show whether there has been an improper interference with judicial appointments. In this sense, it is completely irrelevant," said Kamarul.
Prior to that, when the proceedings began late afternoon, on its seventh day of inquiry here today, three lawyers appeared on behalf of Mohamed Eusoff.
Zamani Ibrahim, Datuk Hazman Ahmad and Mohd Fauzi Mohd Zin, said they are taking the same stand as Lingam’s lawyer Thayalan, that the issue of the trip to New Zealand is outside the Commission's terms of reference.
Zamani said they would also submit on it on Thursday (Jan 24).
Others to submit on the issue was lawyer Khoo Guan Huat, who represented former Chief Justice Tun Mohamed Dzaiddin Abdullah.
Khoo said his client objected the Commission should take into consideration evidence which fell outside the spectrum of the Commisison’s terms of reference.
Azhar Azizan Harun, who represented several human rights NGOs, Suaram, Aliran and Hakam, said the Commission should weigh the question of admissibility of the other available evidences in the interest of public welfare as it involved the question of independence of the judiciary.
Mahadev Shankar said the Commission was not with him on the point.
Co-counsel for Lingam’s brother V.Thirunama Karasu, John Fan referred to the Police Investigations Committee formed in New Wales, Australia, as a guide on the Commission’s authority, but Shim shot down the submission, saying it was of a different mode.
Thirunama Karasu’s other lawyer, Wee Choo Keong enraged the Commission when he too wanted to submit on the issue.
Haidar had to shout to him to sit down, as Wee persisted in submitting despite Shim and Mahadev saying they would consider Wee’s written submission.
"There are many scandalous allegations in your submission, and we do not want it to be ventilated in the press. We don’t want a trial by the media," said Mahadev Shankar.
"Don’t argue please, listen to me! Can you please sit down. We will give you the opportunity to submit," added Haidar.
M.Puravalen, the lawyer representing former Deputy Prime Minister Datuk Seri Anwar Ibrahim, said his client was taking the same position as the Malaysian Bar.
Deputy Public Prosecutors (DPPs) Datuk Nordin Hassan and Datuk Azmi Ariffin, when asked by Haidar whether they had a stand on the matter, gave a written submission to the Commission.
The DPPs’ summarised the evidence sought to be given on the closeness of Lingam and Mohamed Eusoff, could not in any way show the role played by the latter, if any, in the appointment of judges and therefore it does not come within the terms of the Commission’s terms of reference.
Lazar then raised the question of whether the Commission should ask the DPP to submit on the matter, suggesting the Commission should not hear them.
But Haidar said since the DPPs are assisting the Commission, it had a right to seek their assistance on the issue.
Trip evidence could lead to fixing of judicial appointments, says counsel
Tuesday, 22 January 2008 09:57pm
©Bernama
KUALA LUMPUR, Jan 22 (Bernama) -- The evidence of the New Zealand holiday trip of lawyer Datuk V.K. Lingam and former Chief Justice Tun Eusoff Chin is relevant to the investigation of the Royal Commission of Inquiry because it shows the close relationship between the two men that could lead to the fixing of judicial appointments and decision of cases.
The Malaysian Bar representative Robert Lazar contended that the closeness of Lingam and Eusoff was mentioned by the speaker in the video clip, purportedly to be Lingam speaking on the telephone about appointment of judges.
He said the line of questioning on the New Zealand holiday in 1994, was within the scope of the commission's terms of reference because it addressed the truthfulness of the statement by the speaker that he was extremely close with Eusoff, and it would assist the commission in determining whom the speaker in the video clip was.
Lazar said that evidence was relevant to demonstrate the credibility or otherwise of those witnesses who were said to have been on the holiday.
Lazar referred a portion of the transcript of the conversation in the video clip which the Indian speaker said, "Eusoff Chin and I are extremely close you know. Yeah, Eusoff Chin in power, I can straight get Pom, Pom, Pom, Pom. But now Dzaiddin (former Chief Justice) is there and... Dzaiddin is attacking our cases that is why James Kumar is aligned to Dzaiddin. But Dzaiddin's retiring 15th of September. He's finished."
Lazar argued that that portion showed the purported close relationship between Lingam and Eusoff.
"This suggests the ends that were achieved by such a close relationship in the past and speaks of the intention of the speaker to re-establish access to judges for the possible purposes of influencing cases," Lazar said.
Lazar said the portion of the speaker's conversation, "Ah, as per our memo, I... I discussed with Tun... a... Tun Eusoff Chin and we sent the same memo to PM," also indicated that the speaker was able to influence the appointment of judges.
Referring to another portion of the conversation, "You know this is the same problem Tun Eusoff Chin had... he ran out of soldiers," Lazar said this part of the conversation suggested that the purpose for influencing the appointment and promotion of judges was to ensure that there were judges placed at the appropriate levels of the judiciary in order to ensure there would be people to do their bidding.
Lazar stressed that the video clip did not relate solely to judicial appointments but also to the fixing of cases.
"Hence, any misbehaviour must be related to the entirety of the contents of the video clip. The implications are not limited to the fixing of judicial appointments, but include any matter leading to or resulting from the fixing and brokering of judicial appointments," Lazar said.
Lazar said therefore that evidence must first be taken from Lingam before a ruling can be made on the admissibility of the evidence on the New Zealand trip.
Furthermore, he said, the "closeness of Lingam and Eusoff" was also raised by the conducting officer during his examination on Eusoff on Friday, and also because Lingam yesterday denied such a close relationship with Eusoff.
"Therefore questions and evidence challenging Eusoff and Lingam are directly relevant -- to establish the facts of the content of the conversation in the transcript, to rebut evidence of Eusoff and Lingam, and (to address) the issue of credibility."
The commission comprising Tan Sri Haidar Mohamed Noor, Tan Sri Steve Shim Lip Kiong, Datuk Mahadev Shankar, Puan Seri Zaitun Zawiyah Puteh and Professor Emeritus Dr Khoo Kay Khim, was set up to inquire into the controversial video clip allegedly showing Lingam brokering the appointment of judges over the telephone with a senior judge.
Meanwhile, counsel Kamarul Hisham Kamaruddin representing former Chief Justice Tun Ahmad Fairuz Sheikh Abdul Halim (who is said to be the man on the other line of the phone) supported Lingam's stand that the evidence on the trip was irrelevant to the inquiry.
He contended that the scope of the commission's terms of reference was limited to appointment of judges and cannot go beyond its objective.
Counsel Alex De Silva representing consultant Loh Gwo Burne (the person who recorded the video clip) said the evidence of the New Zealand trip was related to the inquiry because if the evidence suggested that Lingam and Eusoff were close in 1994, it could be presumed that they continued to be close in 2001 when the video clip was recorded, unless there was evidence produced to say otherwise.
Counsel M. Puravelan for Datuk Seri Anwar Ibrahim, counsel Azahar Azizan Harun representing three NGO group, counsel Khoo Guan Huat for former Chief Justice Tun Dzaiddin Abdullah also share the same view with Lazar.
©Bernama
KUALA LUMPUR, Jan 22 (Bernama) -- The evidence of the New Zealand holiday trip of lawyer Datuk V.K. Lingam and former Chief Justice Tun Eusoff Chin is relevant to the investigation of the Royal Commission of Inquiry because it shows the close relationship between the two men that could lead to the fixing of judicial appointments and decision of cases.
The Malaysian Bar representative Robert Lazar contended that the closeness of Lingam and Eusoff was mentioned by the speaker in the video clip, purportedly to be Lingam speaking on the telephone about appointment of judges.
He said the line of questioning on the New Zealand holiday in 1994, was within the scope of the commission's terms of reference because it addressed the truthfulness of the statement by the speaker that he was extremely close with Eusoff, and it would assist the commission in determining whom the speaker in the video clip was.
Lazar said that evidence was relevant to demonstrate the credibility or otherwise of those witnesses who were said to have been on the holiday.
Lazar referred a portion of the transcript of the conversation in the video clip which the Indian speaker said, "Eusoff Chin and I are extremely close you know. Yeah, Eusoff Chin in power, I can straight get Pom, Pom, Pom, Pom. But now Dzaiddin (former Chief Justice) is there and... Dzaiddin is attacking our cases that is why James Kumar is aligned to Dzaiddin. But Dzaiddin's retiring 15th of September. He's finished."
Lazar argued that that portion showed the purported close relationship between Lingam and Eusoff.
"This suggests the ends that were achieved by such a close relationship in the past and speaks of the intention of the speaker to re-establish access to judges for the possible purposes of influencing cases," Lazar said.
Lazar said the portion of the speaker's conversation, "Ah, as per our memo, I... I discussed with Tun... a... Tun Eusoff Chin and we sent the same memo to PM," also indicated that the speaker was able to influence the appointment of judges.
Referring to another portion of the conversation, "You know this is the same problem Tun Eusoff Chin had... he ran out of soldiers," Lazar said this part of the conversation suggested that the purpose for influencing the appointment and promotion of judges was to ensure that there were judges placed at the appropriate levels of the judiciary in order to ensure there would be people to do their bidding.
Lazar stressed that the video clip did not relate solely to judicial appointments but also to the fixing of cases.
"Hence, any misbehaviour must be related to the entirety of the contents of the video clip. The implications are not limited to the fixing of judicial appointments, but include any matter leading to or resulting from the fixing and brokering of judicial appointments," Lazar said.
Lazar said therefore that evidence must first be taken from Lingam before a ruling can be made on the admissibility of the evidence on the New Zealand trip.
Furthermore, he said, the "closeness of Lingam and Eusoff" was also raised by the conducting officer during his examination on Eusoff on Friday, and also because Lingam yesterday denied such a close relationship with Eusoff.
"Therefore questions and evidence challenging Eusoff and Lingam are directly relevant -- to establish the facts of the content of the conversation in the transcript, to rebut evidence of Eusoff and Lingam, and (to address) the issue of credibility."
The commission comprising Tan Sri Haidar Mohamed Noor, Tan Sri Steve Shim Lip Kiong, Datuk Mahadev Shankar, Puan Seri Zaitun Zawiyah Puteh and Professor Emeritus Dr Khoo Kay Khim, was set up to inquire into the controversial video clip allegedly showing Lingam brokering the appointment of judges over the telephone with a senior judge.
Meanwhile, counsel Kamarul Hisham Kamaruddin representing former Chief Justice Tun Ahmad Fairuz Sheikh Abdul Halim (who is said to be the man on the other line of the phone) supported Lingam's stand that the evidence on the trip was irrelevant to the inquiry.
He contended that the scope of the commission's terms of reference was limited to appointment of judges and cannot go beyond its objective.
Counsel Alex De Silva representing consultant Loh Gwo Burne (the person who recorded the video clip) said the evidence of the New Zealand trip was related to the inquiry because if the evidence suggested that Lingam and Eusoff were close in 1994, it could be presumed that they continued to be close in 2001 when the video clip was recorded, unless there was evidence produced to say otherwise.
Counsel M. Puravelan for Datuk Seri Anwar Ibrahim, counsel Azahar Azizan Harun representing three NGO group, counsel Khoo Guan Huat for former Chief Justice Tun Dzaiddin Abdullah also share the same view with Lazar.
Monday, January 14, 2008
It is Ori!
Laboratory tests in Spain have proven that the voice on the so-called Lingam video clip matched that of lawyer Datuk V.K. Lingam. Sources said that the finding came after two days of analysis at a private laboratory in Madrid last week. read here
Meanwhile in an interview at his lawyer Americk Singh Sidhu's house last night, Loh said: "I was not aware then that my son was recording Lingam's telephone conversation. My son, who is now overseas, confirmed that he was responsible." The report is here
Monday, January 7, 2008
Tuesday, January 1, 2008
The sex DVD - I am the one!
Health Minister Datuk Seri Dr Chua Soi Lek admitted he is the politician in the sex DVD circulating in Johor. Full report here
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