- ''I Only Got To Know Lingam Recently,'' Says Dr Mahathir

KUALA LUMPUR, Jan 17 (Bernama) -- Tun Dr Mahathir Mohamad testified Thursday that only recently he came to know lawyer Datuk V. K. Lingam who is implicated in a video clip showing him allegedly brokering appointment of judges.

The former prime minister dismissed claims that prominent businessman Tan Sri Vincent Tan Chee Yioun had on several occasions brought Lingam to his house when he was the prime minister.

"That is not true," said Dr Mahathir to a question by the Malaysian Bar representative Christopher Leong who referred to some passages of the conversation in the video clip to the former premier, implying that Lingam had occasionally gone to his (Dr Mahathir's) house.

Leong: Do you know V. K. Lingam?

Dr Mahathir: I've heard about him in the newspapers involving several cases. I only got to know him recently when I engaged his services in a civil suit filed against me by Datuk Seri Anwar Ibrahim.

Dr Mahathir, however, told the Royal Commission of Inquiry into the Lingam video clip, that Lingam has been to his house after he was no longer the prime minister and after the conversation in the video tape took place.

"After I engaged Lingam (as counsel) to represent me in the civil suit, then only he (Lingam) has been to my house," he testified on the fourth day of the inquiry.

To Leong's question on whether Vincent Tan had introduced Lingam to him, Dr Mahathir replied that he would not be able to say precisely, but added that in order for him to contact Lingam, he probably spoke to Vincent.

On why he chose Lingam to represent him in the legal suit, Dr Mahathir said he thought Lingam would be a good candidate.

He admitted that Lingam was still his counsel.

Asked on whether he had seen the video clip, Dr Mahathir said: "I watched it on TV."

Dr Mahathir was also questioned on his relationship with Vincent Tan.

He admitted that they were friends.

"Yes, I know him (Vincent Tan). I have relationship with him for many years. I know him very well," he said.

The Royal Commission of Inquiry was set up to ascertain, among others, the authenticity of a video clip featuring a lawyer allegedly brokering judicial appointments with a senior judge.

The five-member panel comprises chairman Tan Sri Haidar Mohamed Noor, who was former Chief Judge of Malaya, former chief judge of Sabah and Sarawak Tan Sri Amar Steve Shim Lip Kiong, retired court of appeal judge Datuk Mahadev Shankar, former solicitor-general Puan Sri Zaitun Zawiyah Puteh and historian Prof Emeritus Dr Khoo Kay Khim.

-- BERNAMA

I Was Not Influenced To Pick Ahmad Fairuz For CJ Post, Says Dr M

KUALA LUMPUR, Jan 17 (Bernama) -- Tun Dr Mahathir Mohamad said today he was not influenced by anyone when he picked Tun Ahmad Fairuz Sheikh Abdul Halim to fill the three top posts in the judiciary.

The 84-year-old former prime minister said it was his decision to opt for Ahmad Fairuz.

"I listen to unofficial views during conversations or at social gatherings. I consider the views but the final decision is mine," he said when testifying in the royal commission of inquiry into the Lingam video clip.

Dr Mahathir, who appeared calm and smiled at times, said the reasons for his decision are "something I don't tell people."

"It is my prerogative. I don't have to explain why," Dr Mahathir said when fielding questions posed to him in the inquiry.

At the start of proceedings, Dr Mahathir's counsel Tengku Sofea Jewa told the inquiry her client wished to convey his assurance that he would give his fullest cooperation and response to the best of his ability to questions put to him.

Responding to that, commission chaiman Tan Sri Haidar Mohamed Noor said it was his duty to conduct the inquiry and ensure the commissioners conduct the proceedings in a proper manner.

Besides Tengku Sofea, Dr Mahathir is represented by Datuk Dr Yaakob Hussein Merican and Datuk N. Chandran.

Earlier, Dr Mahathir, clad in a grey suit, entered the courtroom at 10.02am, accompanied by his three lawyers and several police officers.

He bowed in respect to the inquiry panel members and smiled to the lawyers, journalists and the public in the gallery before taking his seat in the witness dock.

Dr Mahathir's daughter, Marina, also attended the inquiry.

-- BERNAMA

"I Don't Have To Explain Why," Says Dr Mahathir

KUALA LUMPUR, Jan 17 (Bernama) -- Tun Dr Mahathir Mohamad was queried today by a royal commission of inquiry on his decision to reject a former chief justice's recommendation to appoint the late Tan Sri Abdul Malek Ahmad as the Chief Judge of Malaya (CJM).

The 83-year-old former prime minister was asked to disclose his reasons for not accepting Tun Mohamed Dzaiddin Abdullah's proposal nominating Abdul Malek for the post of CJM.

Dr Mahathir replied thus: "Why I made the decision at that time is not something I tell people. It is my prerogative. The prerogative is with me to make the decision. I don't have to explain why."

He also said that he could not remember Mohamed Dzaiddin recommending the appointment of Abdul Malek as CJM. Abdul Malek died of brain tumour on June 1 last year.

Dr Mahathir, who took his oath in Bahasa Malaysia, testified for one hour and 20 minutes on the fourth day today of the inquiry into the "Lingam video clip" to verify the authenticity of a video clip which shows a senior lawyer apparently brokering the appointment of judges.

Replying to the question posed by Malaysian Bar representative Christopher Leong on the selection of candidates for top positions, Dr Mahathir said that after listening to and hearing what people said, he would form a conclusion before deciding.

To Leong's question as to whether he could remember the main sources of the information he obtained, Dr Mahathir said he could not remember precisely but added that he remembered listening to public views and consulting the "Lord President" (now known as Chief Justice) and then he made the final decision on his own.

He said he usually asked people who might know the person he (Dr Mahathir) had proposed for nomination for a top position, including civil servants.

Dr Mahathir said the sources of the information he obtained pertaining to the suitability of a candidate would be at random and might include civil servants and that at times he might verbally question police or Anti-Corruption Agency personnel if he suspected something.

He said he had to make sure that the candidate was the right one.

To another question, on whether businessman Tan Sri Vincent Tan Chee Yioun was one of the persons he obtained or sought information from, Dr Mahathir said he could be.

Dr Mahathir was questioned on this matter as there existed a letter written by Mohamed Dzaiddin to him suggesting that Abdul Malek be appointed to the post of CJM.

Mohamed Dzaiddin's counsel yesterday contended that the word "masih" (still) in the phrase "Sekiranya Datuk Seri masih tidak bersetuju dengan pencalonan Abdul Malek ..." (If Datuk Seri (Dr Mahathir) still does not agree with the nomination of Abdul Malek ...) implied that Abdul Malek had been earlier nominated for the CJM post.

The commission also heard yesterday that it was Mohamed Dzaiddin's stand that Abdul Malek be nominated by him to hold the third highest ranking post in the judiciary before he selected former Chief Justice Tun Ahmad Fairuz Sheikh Abdul Halim to hold the CJM post in 2001.

Dr Mahathir was also questioned on his decision to drop from a list the names of two lawyers for appointment as High Court judges in late 2001.

Dr Mahathir said he would take note of views from people on candidates for such posts during conversations and social functions even though he did not ask for feedback but added that he made the final decision.

"I normally don't explain to anybody the reason why I reject them. I listen to people. I make my own decision," he said when replying to a question from Commissioner Datuk Mahadev Shankar on whether he discussed with Mohamed Dzaiddin the reasons for his rejection of the nomination of Abdul Malek as CJM.

He said he also did not receive a specific memo recommending names from lawyer Datuk V.K. Lingam but, in his capacity as the prime minister, he might have received letters from then Chief Justice Tun Eusoff Chin but he could not remember.

He said he really could not remember whether he received a memo from Eusoff Chin recommending names after Eusoff Chin had retired.

The person in the video clip is heard saying during the phone conversation that the names of Dr Andrew Chew and Zainudin Ismail had been rejected, the latter because he had criticised certain judicial appointments.

Former Chief Secretary to the Government Tan Sri Samsudin Osman testified yesterday that the man in the video clip had knowledge of the details of a letter sent by Dr Mahathir to Mohamed Dzaiddin regarding nominations of High Court judges.

Samsudin had said he could not speculate as to how the person had got the information as such correspondence was classfied under official secrets which even ministers and deputy ministers had no access to.

The five-member Royal Commission of Inquiry is headed by Tan Sri Haidar Mohd Noor. The other members are Tan Sri Steve Shim Lip Kiong, Datuk Mahadev Shankar, Puan Sri Zaitun Zawiyah Puteh and Professor Emeritus Datuk Dr Khoo Kay Kim.

-- BERNAMA

ACA Officer Told To Get Fairuz's Phone Record

KUALA LUMPUR, Jan 16 (Bernama) -- A Royal Commission of Inquiry today ordered an Anti-Corruption Agency (ACA) officer to obtain phone records of former chief justice Tun Ahmad Fairuz Sheikh Abdul Halim.

Datuk Mahadev Shankar, who is a member of the commission, said ACA senior superintendent Chuah Lay Choo, 52, should obtain the phone records for December 2001, particularly on the 20th, from the telecommunication provider as soon as possible.

Chuah, earlier, told the commission that from her investigation, Fairuz used a Celcom 013 line from 2000 to 2007. She said she managed to get Fairuz's number but had forgotten it. She said she could only remember 013393.

The commission was set up to investigate a video clip showing a man talking on a handphone about the appointment of judges.

It was told yesterday that the video was recorded on Dec 20, 2001 and the man in the clip was lawyer Datuk V. K. Lingam while the person on the other line was Fairuz who was then the chief judge of Malaya.

Tan Sri Steve Shim Lip Kiong, who also sits in the five-member commission, told Chuah that she would not be able to give more information to the inquiry until she obtained the phone records.

She replied that even if she had Fairuz's phone records, she had to get Lingam's phone number and match it with the records.

She said she was unable to obtain Lingam's number of the phone shown in the clip.

She said she had asked Lingam about it but was told that he could not remember the number because he had been using a prepaid line most of the time.

Tan Sri Haidar Mohamed Noor, who chairs the commission, said Chuah should try to get the phone records first. "If the (telecommunication) provider cannot give the records, we can summon the relevant parties," he said.

-- BERNAMA

Lingam Told To Read Out Transcript For Voice Sample, Inquiry Told

KUALA LUMPUR, Jan 16 (Bernama) -- Lawyer Datuk V. K. Lingam was told to read out a transcript of the video clip showing a man talking on a handphone purportedly brokering judicial appointments with a senior judge.

Assistant superintendent Moses Lawrence, 33, of the Anti-Corruption Agency's (ACA) Forensic Unit told the Royal Commission of Inquiry into the clip that he recorded Lingam's voice using a digital recording device.

He made the recording in a room at Lingam's house in Kelana Jaya at about 3.15pm on Jan 7 and it took 15 minutes, he said.

"Before that, I informed him of my visit and he agreed to have his voice sample taken," he said in reply to conducting officer Datuk Azmi Ariffin.

He said the transcript was prepared by the ACA and he took the voice sample on the instruction of his superior officer.

-- BERNAMA

Lingam And Eusoff Chin Were Close, Lawyer Claims

KUALA LUMPUR, Jan 16 (Bernama) -- The lawyer representing Datuk V.K Lingam's brother raised the issue of close association between Lingam and former Chief Justice Tun Eusoff Chin, which according to him, was very important to ascertain the truth about the contents of the controversial "Lingam" video clip.

Counsel Wee Choo Keong representing Thirunama Karasu a/l Vellupillai told the Royal Commission of Inquiry into the tape here today that he was raising the issue because it featured in the controversial conversation in it.

(The actual conversation written in the transcript prepared by Anti-Corruption Agency (ACA) investigating officer Senior Supt Chuah Lay Choo is: Indian Man: Yeah, Eusoff Chin in power, I can straight get Pom, Pom, Pom, Pom.)

Wee said he wanted the commission's permission to ask Chuah whether the ACA established the close association between Eusoff Chin and Lingam and whether she was aware of this in order to ascertain the truth of the contents of the video clip.

Asked by commissioner Datuk Mahadev Shankar whether she knew of the close association between Lingam and Eusoff Chin, Chuah replied, "No",

However, Chuah said she was aware that there was an investigation on the matter when it came out in the newspaper.

Wee then asked Chuah whether she checked statements made by Thirunama to the ACA on March 8 and 12, 1998 and the fact that Thirunama was detained until March 17, 1998 pertaining to the issue of close association between Lingam and Eusoff Chin.

At this stage commission chairman Tan Sri Haidar Mohamed Nor interjected and said whatever Wee said was the subject matter of another investigation.

Wee then asked Chuah whether she had checked Thirunama's statement about Eusoff Chin and Lingam going on a trip together in 1980. Chuah replied, "No".

Wee: Did you not think it was important for you to go into the statement of Thirunama on March 8, 1988 recorded by the ACA to ascertain the truth of remarks made by the man in the video clip that he was close to Eusoff Chin?

Chuah: My investigation is particularly to ascertain whether there was corrupt practice or abuse of power and I didn't record statements from all individuals mentioned in the transcript.

Mahadev: Mr Wee, are you familiar with the terms of reference of the commission? It's for us to determine whether there was misconduct and the commission will decide what evidence is relevant and which witnesses should be called. Have I made myself clear?

Wee then told the inquiry that sometime in November 1998, there was a further statement recorded by the ACA on the matter of close association between Lingam and Eusoff Chin.

Haidar interjected again and repeated it was a matter of another investigation and that Wee should stick to the terms of reference of the inquiry, which was concerned about the appointment of judges and not other matters.

Mahadev: I want to help you to get where you want to go. If you think there are other evidence relevant to our inquiry, tell us by forwarding your submission and we can think about whether we should act on them. Leave this witness alone, why you want to "kacau" (disturb) her by cross-examining her?

Wee then continued by asking Chuah whether she had checked the telephone numbers of Tun Ahmad Fairuz and Lingam in the telephone records of service provider Mutiara Telecommunications Sdn Bhd, which was under the Berjaya Group owned by Tan Sri Vincent Tan. Chuah again replied," No".

The other commissioners are former chief judge of Sabah and Sarawak Tan Sri Steve Shim Lip Kiong, former solicitor-general Puan Sri Zaitun Zawiyah and Professor Emeritus Datuk Dr Khoo Kay Kim.

-- BERNAMA

"I Will Answer Personally," Says Lingam

KUALA LUMPUR, Jan 16 (Bernama) -- Lawyer Datuk V.K. Lingam said he would answer personally with regard to his stand on the video clip purportedly showing him brokering the appointment of judges with Tun Ahmad Fairuz Sheikh Abdul Halim.

His counsel, R. Thayalan, informed the five-member Royal Commission of Inquiry chaired by Tan Sri Haidar Mohamed Noor of his client's instruction today.

Yesterday, Commissioner Mahadev Shankar asked Thayalan what his client's stand was on the controversial video clip following the findings of a computer forensic expert, Mohd Zabri Adil Talib from Cybersecurity Sdn Bhd, confirming that the video clip was authentic and did not contain any signs of tampering.

Shankar also wanted to know whether Lingam was taking the stand to admit or refute making the conversation on the handphone.

"My instruction was that these questions would be answered by him personally when he comes to the court to testify.

"He (Lingam) doesn't want me to make any admission or otherwise," he said.

Thayalan also informed the court that he had sent the expert's report on the authenticity of the video clip for further examination by experts in the United Kingdom and United States.

This was necessary for him to cross-examine Mohd Zabri, he said.

Haidar then asked Thayalan how long he needed to examine the report, explaining that the commission had limited time to complete its task.

Thayalan said the experts would not take more than a week to "have a look" at the report.

The other commissioners are former chief judge of Sabah and Sarawak Tan Sri Steve Shim Lip Kiong, former solicitor-general Puan Sri Zaitun Zawiyah and Professor Emeritus Datuk Dr Khoo Kay Kim.

-- BERNAMA