Saturday, October 06, 2007

CJ's name mentioned in Lingam tape
Sep 29, 07 11:36pm

The name of Chief Justice Ahmad Fairuz Sheikh Abdul Halim was
explicitly mentioned in the second part of the infamous 'judicial
appointment fixing' video clip that has yet to be released, Anwar
Ibrahim revealed today.

Although the PKR supremo did not explain in what context Ahmad
Fairuz's name was brought up in the second part, he however appeared
to suggest the revelation will confirm that the person on the other
end of the phone conversation was the CJ.

"In the second part of the clip, there were other personalities
shown. In the second part of the clip too, Ahmad Fairuz was mentioned
by VK Lingam (the lawyer talking in the clip)," Anwar told a 250-odd
crowd at a forum in a Kuala Lumpur hotel this afternoon.

"It is interesting now that the chief justice has denied (his
involvement). I would love to see him defend himself in the dock as
to whether he was lying," he added at the forum titled 'From Nurin to
chief justice: A collapse of law and order?'.

Anwar also noted that it was not accurate to describe the eight-
minute clip he released earlier - out of a 14-minute one - as an
edited version, arguing that the clip was merely separated into two
portions to protect the identity of the source.

Asked later, he said the remaining part of the video clip will be
released at "a right time".

'Judges that money can buy'

The clip Anwar released on Sept 19 showed Lingam talking on the
phone, apparently brokering the appointment of judges with Ahmad
Fairuz, who was the chief judge of Malaya at the time the clip was
said to be recorded in 2002.

Ahmad Fairuz's name was mentioned four times by Lingam throughout the
first part of the clip but it could not be ascertained whether it was
him that the senior lawyer was talking to - although the context of
the conversation indicates that the other person at the other end was
the chief justice.

The video clip has sparked an uproar among the legal fraternity, with
the Bar Council - the governing body for 13,500 lawyers - pressing
for the formation of a royal commission of inquiry to get to the
bottom of the matter.

Falling short of the council's demand, the government earlier this
week established a three-member panel comprising of two former judges
and a social activist to investigate the authenticity of the video clip.

Anwar however gave the thumbs-down on the government's move.

"Are we going to leave it to the executive to decide on the future of
the judiciary? That is very naive," he said of the government-
appointed panel.

The ex-deputy premier added that the whistleblower is "prepared" to
come forward, provided there is sufficient immunity and protection
extended to the latter such as in the form of a probe by a royal
commission of inquiry.

"Let them question the authenticity of the video clip, but we will
win this time," he said to a round of applause from the floor.

Speaking at the same forum, former Transparency International-
Malaysia president Tunku Abdul Aziz (right) supported the calls for
the setting up of a royal commission to look into the "health" of the
judiciary.

"We are in danger of having judicial officers that money can buy," he
said.

"There is an urgent need to reform and overhaul the judicial system
to save it from further destructive manipulation by the executive,"
he declared, adding that it was sad that the judiciary has allowed
itself to be politically influenced.

Bar's EGM may not be postponed

Another speaker, Bar Council secretary Lim Chee Wee (right) said the
council would not let up in pushing for a royal commission of inquiry
just because of the formation of a government-appointed panel, whose
only task is to ascertain the clip's authenticity.

He was quizzed earlier by the floor over the council's latest move to
postpone its extraordinary general meeting (EGM) slated for next
Saturday to discuss the rot in the judiciary.

"We may reconsider it (the decision to postpone the EGM) given the
limited terms of reference of the panel, let's wait and see. The EGM
definitely is not cancelled but merely postponed," he said.

Param Cumaraswamy, the former UN special rapporteur on the
independence of judges and lawyers, reiterated the long-standing call
for a judicial commission to deal with the appointment and elevation
of judges.

"What I can't understand is why the present government of (Prime
Minister) Abdullah Ahmad Badawi continue to resist (a judicial
commission to be set up)?" he asked.

Among those who spoke during the question-and-answer session later
included politician-lawyer Wee Choo Keong - whose name was brought up
by Lingam in the clip - and constitutional lawyer Dominic
Puthucheary, who said he was "shocked" when he first watched the clip.

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