Not sure if any common citizens would want to read through the 191 pages though; a few of the key highlights have been published in major newspapers anyway…

1. The video clip was authentic;

2. Lingam was having a phone conversation with former chief justice Tun Ahmad Fairuz Sheikh Abdul Halim;

3. Lingam was actively involved in the appointment of Ahmad Fairuz as President of the Court of Appeal, with the possible aim of his further appointment as Chief Justice;

4. Lingam had asked his close friends tycoon Tan Sri Vincent Tan and Datuk Seri Tengku Adnan Tengku Mansor to involve themselves actively in the appointment of judges, in particular the appointment of Ahmad Fairuz as the Chief Judge of Malaya and subsequently, President of the Court of Appeal;

5. The phone conversation indicated Lingam’s ‘uncanny knowledge’ of what could be considered as matters protected under the Official Secrets Act; and that,

6. Tengku Adnan appeared to be Lingam’s ‘source’ in the Prime Minister’s Department. [Thestar]

Meanwhile, Attorney-General Tan Sri Abdul Gani Patail has ordered a thorough follow-up on all the findings made by the Royal Commission of Inquiry as well as the 14-minute recording… which they probably should have done at the first place.

The main story of the video is that former Chief Judge Mohamed Dzaiddin Abdullah (2000-2003) was alledged to have accepted bribe from VK Lingam and Vincent Tan.

However saucey the story is, the video provides no breakthrough to the probe besides opening another source of investigation.

Lingam might be an idiot, but he is one clever fox. If he keep on with his “I was just talking thrash at home” statement, nobody could really prove that he was really involved in anything.

Off course we can argue that he knew too much about the supposedly secretive documents, that he must be involved some how… but he can always argue that whatever he said was mere coincidence; and with the benefit of doubts, he walks away (which probably means everyone else is walking free too).

The royal panel need to do more than just listening to these fellas, and the ACA needs to continue digging evidences from other sources. The videos might raise some eyebrows of the public, but when it comes to real conviction.. the videos are close to worthless at the moment.

Don’t let Lingam Tape overshadowed other issues

Btw, don’t let this Lingam tape saga overshadowed other issues we are facing in Malaysia. The press (and perhaps the public as well) are giving too much focus on this case while there are other matters that are happening in Malaysia.

It has become apparent that Badawi is not involved in the saga; he probably won’t mind having this scandal diverting public attention from other issues that Malaysia is facing.

Anti-Corruption Agency officials has told the royal commission on the VK Lingam tape that the room featured in the video clip was indeed the lawyer’s living room, as mentioned by businessman Loh Mui Fah during some earlier press interviews.

Loh has admitted that he was the person who talked to VK Lingam in the video, and that the video clip is authentic and was taken by his son in late December 2001. Loh however claimed that neither he nor his son knew how the video clip managed to get into public.

The most dramatic event of the day is perhaps the application being made for the disqualification of its chairperson and two other members.

M. Puravelan, who is representing three witnesses from Parti Keadilan Rakyat (PKR), said that the three commissioners (chairman Tan Sri Haidar Mohamed Nor, Tan Sri Amar Steve Shim Lip Kiong and Puan Sri Zaitun Zawiyah Puteh) should disqualify themselves because they have connections with either the case or the witnesses.

Puravelan (obviously just telling what Anwar Ibrahim told him to) said Haidar is a trustee of Perdana Foundation of which two other witnesses, former Prime Minister Tun Dr Mahathir Mohamad and prominent businessman Tan Sri Vincent Tan, are also trustees.

Personally I think the application is unnecessary. Mahathir had been Malaysia’s PM for more than 2 decades, most if not all of the prominent businessmen, government leaders and top judiciary officials for the past 30 years would have certain relationship with him (could be friends or enemies).

Besides, there are 17 people on the list (could be more in future) of inquiry; it’s close to impossible to find a team of qualified yet totally unrelated personnel to become the royal panel members. It would be wonderful if we managed to do so, but we have to be realistic and content with what we have at the moment.

Five other members of the commission are former Chief Judge of Sabah and Sarawak Tan Sri Amar Steve Shim Lip Kiong, former Court of Appeal Judge Datuk Mahadev Shankar, former Solicitor-General Puan Sri Zaitun Zawiyah Puteh, Academician-Historian Prof Emeritus Datuk Dr Khoo Kay Kim and Datuk Abdullah Sani Ab Hamid (as commission secretary).

I don’t have enough knowledge to justify if these people are suitable candidates to investigate the matter, and I am not sure if the royal panel could produce anything more meaningful than the earlier 3-men panel.

Regardless of the result, I doubt that the findings could change the current situation where our judiciary system is being controlled (or at least influenced) by our BN lead government.

Even if the tape is found genuine, the people that will be penalized would probably be Lingam and Fairuz while the rest of the VIPs that are involved would keep hidden behind the curtain and not being punished.

The tape might help raise some public awareness that our country administration is not as clean as the government is trying to portray… perhaps it is the only meaningful purpose that it could serve in the end.

Meanwhile, Anwar Ibrahim has released the full version of the video…

What concerned some people though… is the promotion of Umno-man Zaki Tun Azmi to take over Abdul Hamid as Court of Appeal president, which makes Zaki the #2 top judge in Malaysia and possibly the next Chief Justice.

Zaki Azmi is Umno’s former top legal adviser. He was controversially appointed as a Federal Court judge in Sept 2007 as the first ever person to be elevated directly to the highest court without having served as a judge in the lower courts.

Now here he is, the Court of Appeal president. The appointment is an indication that there were no other suitable candidates in terms of seniority and service in the judiciary, or perhaps a more logical explanation… that Umno led government is appointing their own man in top judiciary positions. It’s not a good sign either way.

Malaysian Bar has expressed their surprise with Zaki’s appointment, but trusted that “these concerns will be dispelled by a display of integrity and exemplary performance on the Bench by Zaki.” [Malaysianbar]

I can’t share the same optimism though. While the society is still having doubts over our judiciary system following the Lingam tape scandal, the Zaki Azmi’s amazing promotion is likely to further dent the reputation our judiciary independence.

Frankly, I am a bit tired of how the situation is progressing.

It is quite obvious that the independent panel has failed to determine the authenticity of the video that was released in September, and it’s reasonable to assume that this extra 10 seconds of the clip means nothing for authentication.

ACA is probably meeting dead end as well. If the alleged parties have decided to keep their lips sealed, and Anwar couldn’t provide any other proof besides the video, nothing much could be done.

A scandal will remain as a scandal… no crime, no corruption, no misused of power and position… but just gossips.

I am actually beginning to question Anwar’s motive behind the issue. He could have included the 10 extra seconds at the very first video… why not? Why is he releasing the extra clip now? Isn’t the timing a bit too convenient during the UMNO General Assembly?

I can’t really explain my thoughts into words, but I feel that Anwar is playing a cat and mouse game with BN government… letting go of a trapped mice and let it run for a while, see how it reacts before catching it again. Everything seems so political driven now rather than fighting for justice.

ACA’s request is not unreasonable, but I am kinda pissed with the one sided investigation so far. The independent panel is failing miserably in determining the authenticity of the video; while ACA is busy chasing after the whistleblower instead of investigating people alleged in the judiciary scandal.

What would you do, if…?

These lead to a question that has always been mingling in my mind… If I have somehow obtained a file (or video) that could prove that some VIPs are involved in some national scandal, what would I do? What would you do in this situation?

Would you just throw all the stuff in the public or would you go to someone like Anwar or Lim Kit Siang and passed on the responsibility to them? ACA is always asking people to give this proof to them instead of political parties… but frankly I don’t have much fate with ACA these days. I have a feeling that if the proof is true, they might close the case prematurely, or to a worse extent… going after me instead.

It would be logical to just past the buck to people like Anwar and then stayed behind the scene… the source of the Lingam tape was probably thinking the same way.

Now, what would Anwar do… would he risk going to jail or risk the safety of the person that entrust him with the video? As the situation has been greatly publicise, it would be unthinkable if the ACA would do any physical harm to the whistleblower… but then, who can guarantee that the whistleblower would not be harassed mentally, or ordered to keep quiet?

More details, pics and videos…

Malaysianbar ll Malaysiakini ll AFP ll Jeffooi ll Wengsan ll Rockybru

The independent panel will be headed by former Chief Judge of Malaya Tan Sri Haidar Mohd Noor; National Service Council chairman Tan Sri Lee Lam Thye and former Court of Appeal Judge Datuk Mahadev Shankar are the other two members.

Najib said panel member, who had accepted their appointments, would soon start investigating the matter with the support and cooperation of all agencies concerned. Their findings would be made public later.

[Thestar & Malaysiakini]

I am not surprised with the scandal, but am surprised that something like that was caught on tape (or video, whatever). Our judiciary system is losing faith among Malaysians since former PM Mahathir Mohamad fired the chief judge in 1988. Since then Malaysia no longer have a judiciary that is independent from government administration.

It is therefore no surprise that money and relationship play a greater part in determining the position of senior judges rather than based on pure merit.

The main media has been extremely quiet on this saga; the news is not completely blackout, but the scale of the reports is pathetic.

Meanwhile DPM Najib Abdul Razak has said that the government will first confirm the authenticity of the ‘VK Lingam’ video before deciding on the next course of action. [Malaysiakini]

You can read the draft transcript via PKR’s website or Malaysiakini.

[Follow this tag for updates about Lingam Tape Scandal]