Posted on by Kit

Lingam tape – letter to PM to suspend Ahmad Fairuz as Chief Justice and to establish judicial tribunal

I have written to the Prime Minister, Datuk Seri Abdullah Ahmad Badawi asking him to invoke Article 125 of the Constitution to suspend Tun Ahmad Fairuz Sheikh Abdul Halim as Chief Justice and to establish a judicial tribunal to investigate the serious allegations of judicial misconduct against him as highlighted by the Lingam tape made public by Datuk Seri Anwar Ibrahim yesterday.

In my letter, I quoted Article 125(3) which reads:

“125 (3). If the Prime Minister, or the Chief Justice after consulting the Prime Minister, represents to the Yang di Pertuan Agong that a judge of the Federal Court ought to be removed on the ground of any breach of any provision of the code of ethics prescribed under Clause (3A) or on the ground of inability, from infirmity of body or mind or any other cause, properly to discharge the functions of his office, the Yang di Pertuan Agong shall appoint a tribunal in accordance with Clause (4) and refer the representation to it; and may on the recommendation of the tribunal remove the judge from office.”

The Lingam tape has sparked the latest crisis of confidence in the independence, impartiality and integrity of the judiciary stemming from grave judicial misconduct.

As the allegations of judicial misconduct are of very grave character affecting the perversion of justice, I also asked the Prime Minister to invoke Article 125(5) which reads:

“125(5), Pending any reference and report under Clause (3) the Yang di Pertuan Agong may on the recommendation of the Prime Minister and, in the case of any other judge after consulting the Chief Justice, suspend a judge of the Federal Court from the exercise of his functions.”

I said in my letter to Abdullah that with the appointment of an Acting Chief Justice, concerted efforts must be made to restore public confidence in the independence, impartiality, professionalism and integrity of the judiciary.

I also stressed that the time has not only come for the establishment of a Judicial Appointments and Promotion Commission to assist the Prime Minister to ensure an accountable, transparent and meritorious appointment and promotion of judges but also for a Royal Commission of Inquiry to propose institutional reforms to ensure that Malaysians enjoy a truly independent judiciary and a just rule of law.

Under Article 125(4), a judicial tribunal “shall consist of not less than five persons who hold or have held office as judge of the Federal Court, the Court of Appeal or a High Court or, if it appears to the Yang di Pertuan Agong expedient to make such appointment, persons who hold or have held equivalent office in any other part of the Commonweatlh, and shall be presided over by the member first in the following order, namely, the Chief Justice of the Federal Court, the President and the Chief Judges according to their precedence among themselves, and other members according to the order of their appointment to an office qualifying them for membership”.

104 Replies to “Lingam tape – letter to PM to suspend Ahmad Fairuz as Chief Justice and to establish judicial tribunal”

  1. IMPEACH HIM!!! Bring every wrong doer to book!

    The Conference of Rulers must step in. Immediately. The Judiciary is no longer impartial. Justice is not being dispensed. Justice has been sold to those who can pay.

    This is a new low for the stature and respectability of the Judiciary.

    Palace of Injustice!!

  3. Dear YB uncle Lim,

    You can forget about sending any letter or appeal to this sleepy PM. You will only get one answer in return ‘tak tou’. You letter will be thrown into rubbish bin by his SIL.

    Try sending the letter to Agong, you may have a better luck.

    Take good care of yourself. The whole nation really needs a good politician like you.

    Best wishes.

  4. It seems many issues are being referred to the Agong. This is an indication of the people total loss of confidence in the government and its leaders.
    Turning to the Agong is an act of desperation because the government is deaf. It treats the people with utter disdain.

  5. Uncle Kit,
    In the next parliamentary sitting, I suggest you re table your substantive motion (check your media statement 14/6/00):
    “That this House, under Standing Order 36(8),”EXPRESSES grave concern at the most serious allegations about judicial impropriety alleged in court in August in the Asian Wall Street Journal (AWSJ) defamation case, viz:
    o that the 1994 judgment by Justice Datuk Mohtar Sidin in the Tan Sri Vincent Tan vs MGG Pillai defamation was ‘written in part by the plaintiff’s counsel, Dato V.K. Lingam, and initially typed by the said Dato V.K. Lingam’s secretaries, viz. one Jayanthi and Sumanthi’; that the judgment was corrected by the said Dato V.K. Lingam and the final draft dispatched’ to the judge ‘on floppy disk.’
    o That Datuk Lingam placed Chief Justice Tun Eusoff Chin in his debt by getting their families to holiday together in New Zealand. The holiday involved flights together to luxury resorts in Queenstown and Christchurch, where Dato V.K. Lingam and the chief justice ‘posed for pictures with their arms around each other and with each other’s families.’ and in some more now.
    Then it was not allowed to be debated and no action had been taken but now with this new video evidence, you can nail them for these serious charges of judicial impropriety. The old man (Dr M) then said “those behind the attempts were hoping that judges would become disillusioned, leading them into making unfavourable rulings against the government”
    Even Rais Yaim (then a newbie Minister) said “”Such socializing is not in keeping with the proper behavior of a judicial personality, and this has been intimated to [the chief justice] in no uncertain terms.”
    More details at
    http://powerpresent.blogspot.com/2007/09/reactions-video-clip-sensational.html
    and pic of the “Spy Car” in front of Anwar’s office since his video revelation yesterday.

  6. Reading the news… hope we can keep the momentum… continue to “ignite” all those hidden bom…. planted by all inhuman ” corrupted government officer”…

    YB, we support you…continue to explaining and express the ground of injustice.. continue……and continue…to complain…never give up. Otherwise the court is only punish the victim… praise to corrupted….

    Lossing hope on “sleeping urgly PM” … turn it to constructive insultaion ..and continue……wake up the “Yang Tak Tau” PM…..or *^## him up..

    Wish all Malaysian have a better tomorrow…to celebrate…and we will not be helpless….

  7. I knew Tun Ahmad Fairuz Sheikh Abdul Halim is of suspicious character in the highest rank of the Judiciary when he said that we should abolished the English Common Law and instituted it with Islamic Laws. He talked like a politician in this issue and one cannot help but wondered whether he is working with UMNO and its goal of establishing an Islamic State in the purest form.

    Looks like the Lingam Tape cleared my suspicion.

    Anyone has “other tape” recorded conversation between Tun Ahmad Fairuz and the PM on WHEN the nation be made an Islamic State in the purest form?

  8. Malaysia is truly unique.

    Beware, the government will use OSA and ISA to lock up the messenger. The Lingam Tape is confidential and a state protected property.

    Furthermore, in Malaysia, the common laws are not applicable to selected individuals. We can see the non-reaction from our ‘stupid-stupid’ Nazri, Umno Youths and Putra, SIL, MCA, Gerakan, etc over this issue, which is actually very common and going on all the time as far as they are conerned.

    No issue. Period.

  13. Since 1988 judicial crisis in Malaysia, people have lost confident in the system that manipulated by TDM. He was able to mobilise judicial system to get rid of Anwar in a seemingly legitimate way. We need more video and witnesses to come forward and to expose 1988 incident as well as Anwar’s incident. Let the truth be out.

  15. the only thing that matter is how many seats the opposition can win in the general election. if it win more than its voice matter, if it wins little then its voice accounts for nothing. the government is so corrupted that it even not ashame of it and planning to continue its corrupted way as long as the opposition is so weak.

  16. This is what you get when you have a system where all the top law enforcement posts in the country such as the Attorney General, CJ and IGP are all recommended by the PM for appointment by the Agong. All these appointees are indebted to the PM and as such there will always be the risk of these appointees being manipulated. Once they are in such a system, it is not diificult to imagine that they will take the extra step to go over the edge and be the corrupted.

    They are guilty, but the root cause is the system that encourages them. We should look at the American system where all these appointments are subjected to scrutiny by Congress as a check and balance on the President’s(or in our case, the PM) power of appointment.

  17. This lingham fellow happened to have almost the same flight itinerary as Eusof Chin on holiday to New Zealand!!!
    No wonder la????

    Oop, Wasn’t MGG Pillai was sued to the tune of a few million ringgit by a tycoon. And was it thatLingham who appeared for the tycoon in the court under Eusof Chin?

    Now, from this episode, more worms, dirty filthy worms will come crwlingout.

    Yes, Ahmad Fairuz should resign if he really has honor!!!

  18. Mr Lim and all DAP colleagues,
    So how can we blame the mongolians for expressing concern over our judiciary.
    The tapes speaks volumes of how certain wealthy and well connected can pull the judiciary strings.
    In view of that I wonder what chances LKS and colleagues would have against those said lawyers and tycoons in the court?

  21. From top to bottom all rotten to the core,big fish eat big ,Small fish eat small.What to do, blame the system ,BN,S SYSTEM that is.

    Ask any lawyer they will tell you ,how coruppted the system is.But nobody is doing a damn to improve the system,Pay a few RM here or there evidence can go missing, Files can dissappear,Urine test can also show up nagative.What are we doing about it nothing…… How sad

  22. YB, rest assured, you are 100% correct in your call and will be vindicated by events!

    Yes, the Lingam Tape is still subject to authentication but unless it was doctored – and the question invariably arises here whether who would dare since it implicates V K Lingam, a lawyer well versed in suing for defamation – or unless V K Lingam is given to bouts of talking to himself on the mobile phone fantasying that he was talking to a high judicial officer on the other side of the line, there is, on the face of what has been disclosed, serious questions of judicial propriety involved when a high judicial officer discussed in private judicial appointments with a private practitioner on the basis of the latter being in the position to either represent or exert an influence through his client the Prime Minister’s position.

    The powers-to-be cannot resolve it by having the Chief Justice cite Anwar for contempt of court – neither can VK Lingam sues parties revealing the tape for defamation – because for all these measures to be taken to push the scandal under the carpet, the aggrieved parties, whether it is Faizuz or VK Lingam, will still need to have recourse to the courts to determine if there was contempt of court or defamation by Anwar, the person who took the clip and critics. And this recourse is no more available because the courts are no more perceived impartial to provide legitimacy of fair judgment as they are by virtue of this clip perceived to be now stacked by many of the aggrieved parties’ own men!

    Whereas the independence of judiciary has since 1988 been doubted, now with the latest disclosure of the clip by Anwar, the entire public confidence in the administration of justice, is shattered and now absolutely zero!

    The implications extend far beyond the issue of Anwar’s corruption and sodomy charges. For example, they extend to (say) the present high profile Altantuya Shaariibuu’s murder case where people will scoff where will there be justice!

    A society will be stable if conflicts within are resolved by a referee whose impartiality is accepted by all but when it is not accepted, as when it is compromised by the clip incident, which is pushed under the carpet, the whole system of administering justice and resolving conflict becomes chaotic and breaks down!

    Tun Ahmad Fairuz Sheikh Abdul Halim (“Fairuz”) should, in the interest of public confidence in the administration of justice voluntarily put aside his robes, wears his shoes and step down from the pedestal pending an investigation of the “Lingam Tape” by an Independent Judicial Tribunal or a Royal Commission of Inquiry to either vindicate or implicate him.

    If he does not do that, the Prime Minister would have to invoke Article 125 of the Constitution.

    It is better he takes the initiative now – he should allow an independent investigation and let the chips be where they fall, so to speak – so that, at least, he gets the credit for it than try explore other options for graceful exit, which in my opinion, are not really viable without implicating his own position.

    The group that works most closely with the judiciary is the Malaysian Bar . The Bar Council through its president, Ambiga Sreenevasan, was “appalled” and has already described the video as “Shocking and disturbing”. The Bar Council has already called for an emergency meeting on this Friday to address the issue. It is predictable that the Malaysian Bar will most likely pass resolutions calling for an independent enquiry and investigation on the mater of this tape and pending the outcome call for suspension of Fairuz –failing which the Malaysian Bar could or might call for its 13000 strong members to boycott the courts!

    So for the PM, there is really no other options open for manoeuvre here, he can’t ignore it, as this would not go away and cannot wished away, and it is better that he seizes the initiative, whilst it is still his to seize……

  24. So for the PM, there is really no other options open for manoeuvre here, he can’t ignore it, as this would not go away and cannot wished away….
    ——————————————–
    He can always board his executive jet for 2 weeks of overseas holiday with Jean, eg yachting in the Mediterranean, or eating nasi kandar in Perth

  25. Hey! It is not easy to doctor a recording of such length. Tian Chua did a very bad job on Najib’s picture.
    We need real experts to do it!!
    My bet is that the trecording is authentic. No hanky panky!!!
    The jeads must roll.

    What about our de facto Law Minister Nazri? Keeping his stinking mouth so tight???

  26. 19/09: Statement by Dato’ Seri Anwar Ibrahim on the VK Lingham and Tun Ahmad Fairuz Video Scandal

    This video recording implicates the highest office of judiciary in a conspiracy to pervert the cause of justice through the machinations of a lawyer tainted with a scandalous history involving questionable dealings and conduct that brings disrepute to the legal and judicial professions.

    In 1994, lawyer VK Lingham was photographed with the then Chief Justice Tun Eusoffe Chin holidaying in New Zealand under circumstances that would give rise to the inference of a serious breach of professional conduct on part of the lawyer and even more serious implications of unethical conduct on the part of the Chief Justice. Lingham was also implicated in the PricewaterhouseCoopers report which was tabled to Parliament following a thorough audit investigation of the Perwaja Steel scandal involving the loss of billions of ringgit of taxpayers’ money.

    In this video, Lingham was seen and heard to be talking to the current Chief Justice of the Federal Court, Tun Ahmad Fairuz Abdul Halim wherein my name, among others, is specifically mentioned.

    It is mentioned in the context of a conspiracy to influence the appointment of senior judges and pervert the cause of justice. In view of this, we have reason to believe that whatever has transpired in this exchange in 2002 had some bearing on the outcomes in a number of judicial proceedings, including mine.

    The video also implicates Vincent Tan and Tengku Adnan Tengku Mansor. The former is a businessman and gaming tycoon who was allegedly at the center of a scandal involving the abuse of the judicial process now known as the Ayer Molek case. The latter is a prominent Umno leader and a member of the Cabinet who was involved in the political conspiracy to remove me in 1998.

    Such a scandalous expose, as indeed this video really is, only serves to corroborate our allegations of a political conspiracy of the highest level and corruption of the highest judicial office, seriously bringing into question the impartiality of judicial proceedings involving the affected parties. This is matter of utmost public importance and we demand the setting up of an Independent Tribunal to investigate this shameful and scandalous episode.

    In this regard, we make a special appeal to the conference of rulers to continue to play their constitutionally entrenched role in safeguarding the rights of the people by exercising their discretionary powers in all matters within their jurisdiction.

    ANWAR IBRAHIM

    http://malaysia-today.net/blog2006/letters.php?itemid=8355

  30. A political tsunami is coming very soon. This news will definitely blackout in the mainstream media.

    but Why is Anwar keeping this video for so long? With this tape he could have got out from jail earlier! Will the GE be delayed because of this Lingam Tape? Looks like things are going to be interesting.

  31. Dear Bar Council President,

    Please pass a resolution this coming Friday to remove Lingam as a member of the Bar Council and stripped him from ever practising again as a lawyer. Lingam is not fit to be a lawyer, he is utterly a disgrace to the legal profession in Malaysia.

    Please, do the members of the public justice and justice delay is justice denied as we no longer trust the courts to dispense us justice and protect our rights under the law. The courts are now controlled by the power-that -be and political know-how, whether in the government level, or in the business world or members of the legal profession, and the integrity, impartiality and independence of the judges viewed by the members of the public is at an ALL TIME LOW.
    Please, please I beg you, don’t let THE LAW OF THE JUNGLE takes its course in the administration of justice.

    Raitman.

  32. Why are we all so surprised by the revelation? This type of things have been going on since Mahathir proclaimed himself Emperor. Not only the judiciary but every aspect of the BN administration is now rotten to the core. It has come to a point where it’s a free-for-all where the rich and the well connected can do anything they like. They are not even ashamed or remoseful of their criminal behaviour anymore. They think their sole responsibility of their official positions is to grab as much of the rakyat money as they can lay their dirty hands on. To hell with the rakyat. And we have a PM and his immediate family on top of the food chain. The saddest part is that Malaysians are still blissfully casting their votes for them. And pity the future generations who have to pay for for their fathers’ sin.

  33. In Japan the CJ would have committed suicide.
    In Malaysia his contact will be extended by another 3 years or longer. Maybe Lingam will also be elevated to the bench for his contribution to the country.
    A shameless bunch of scums. Even dogs will shun these human beings.
    A hypocrite CJ who talks about implementing Islamic Laws.

  34. Even the highest Judge also no different [deleted]. is it the way to show to our future generation? about the mongolian case..i believe ..the person involve should be sentenced to death by now if he is an ordinary person who dont have any connection with the government? all agree?

  36. Looks like the Police and the ACA will be focusing their investigations on “WHO MADE THE TAPE RECORDING”?

    Otherwise they and the politicians will all say its all “fabricated”, “circumstantial evidence”, “unrelaible”, “not proven beyond resonable doubts” and so on.

    Don’t forget that many big names are involved and they have BIG bucks to solve problems.

    The Opposition can only shout, but will they, this time, make things count?

    Will the House of UMNO and BN fall?

  38. There is no honour amongst thieves. Neither the CJ, nor Mahathir, nor Vincent Tan, nor Tengku Adnan nor Lingam himself will admit to the authenticity of the video. AAB doesn’t have the guts to call for an Inquiry for fear of bringing down the house.

    The solution ? Ban the mainstream media from discussing this issue, say that the police will investigate, and then it will go into a black hole. You think the average voter worries about the independence of the judiciary ? If they did, they would have taken to the streets the day Mahathir dismissed Salleh Abbas.

  39. “Tun Ahmad Fairuz Sheikh Abdul Halim (“Fairuz”) should, in the interest of public confidence in the administration of justice voluntarily put aside his robes, wears his shoes and step down from the pedestal ..” Jeffrey QC

    The CJ should disrobe himself, put on his sarong and balek kampung tanam jagung.

  40. Haven’t anybody noticed that in recent years, so many high-profile criminals have gotten free for crimes which were obviously committed by them? There is always an interesting twist to it all – in the beginning there is always evidence to prove that they did it, then towards the end something will happen that they will get away free because of insubstantial evidence, etc. etc. Sure that tells of our current CJ’s incompetence and crooked ways. Many of us are already skeptical whether Altantuya’s case will be fairly treated. The criminal may get off scot-free and poor Altantuya will turn in her grave, whatever that is left of her!! Then of course, there is this Islamic Law that the CH was talking about – a typical machine of the UMNO propoganda to turn Malaysia into an Islamic country, with total denial of the original constitution of Malaysia’s independence. This country belongs to us – the Malays, the Indians and the Chinese. We are born and bred here and have every right to its offerings – rich or poor, as all our ancestors fought blood for it. Don’t let the UMNOputras win the next GE and let us stand united in knowing what cause of action we should take to ensure the well-being of our future generations. Not all of us can afford to migrate and leave the country – we are masters of our children’s future and it is only in the upcoming GE that we show our powers as the rakyat, who shall stand for fairness and justice.

    If we do not do something about it soon, our beloved country will fall. TDM, he is the engineer of the gradual fall of our country, and which will continue to fall even after his death only to be watched open-mouthed and powerless by a weak Pak Lah with Jeanne at his side.

  42. Uncle Kit,
    Valiant efforts, but we know the outcome already, like so many TUTUP BOTH EYES…. best we vote them out coming election, each of us must tell the truth to our friends, them to their friends and so and and so forth….lets save MALAYSIA

  44. This case brings to mind the appointment of Zaki Tun Azmi of Sharizat, Rashid & Lee to federal court judge. Zaki has been doing work for UMNO pro bono in all the election cases for decades – challenging the results of the elections when UMNO lost, declaring them void for purported infringements of the Election Act. It was always before Eusoff Chin when he was High Court judge.

    What has Zaki, Mahathir, Daim, Tajuddin Ramli, Megat Junid and the Lord President who succeeded Salleh Abas who was unceremoniously booted out, got in common? Their alma mater. Vincent Tan follows.

    Zaki is unsuitable to be even a judge let alone a federal court judge. His reputation as sugar daddy has been well known among the female lawyers and his staff.

    Zaki like many others are part of a wider plot by UMNO to put sympathisers or UMNO loyalists to positions of power and influence on the bench. They act as foot soldiers for the UMNO leadership and UMNO heavyweights to protect their interests – including business interests.

    V.K. Lingam is clearly the power broker.

  46. Our screwed up country has been done in for a long, long time. And the beauty is we had top leaders yelling ‘bersih’, ‘cemerlang’ at their top voice to the entire nation and the world – while they were/are the ones screwing up everyone. TDM is the best – always slogans/speeches and actions were/are at opposite ends. He did them so well that our voters continued to support him for more than 20 years.

  49. “You think the average voter worries about the independence of the judiciary ?” – Godfather

    You think the average voter buys that so-called marriage of convenience deal between PKR DAP PAS?

    You are right, the next GE will indeed be your Waterloo.

  50. Below is the transcript (draft) of the conversation between lawyer VK Lingham and current Chief Justice Tun Ahmad Fairuz (then Dato Fairuz and Chief Judge of Malaya – no. 3 in the hierarchy). Courtesy http://elizabethwong.wordpress.com/2007/09/19/map-of-a-dirty-judiciary/

    The CJ said he is relative to now Agong, so he wants to stay on to 68, so, Tengku Adnan, I told Tengku Adnan, yesterday I had a meeting with him.

    He said PM is already very angry with him, he said no problem he is going to make you acting err.. confirm your position as PCA, working very hard then working very hard to get Tan Sri Mokhtar as CJM.

    Ah, we just keep it confidential. I am working very hard on it. Then there is a letter, according to Tengku, I am going to see him tomorrow, there is a letter sent to CJ, I mean Tan Sri Dzaiddin, that Datuk Heliliah, Datuk Ramli, Datuk Ramli and Datuk Ma’roop be made judges, and he rejected Dr Andrew Chui and apa itu Zainuddin Ismail lah. Because Zainuddin Ismail condemned your appointment and Tan Sri Mokhtar’s appointment.

    And then you also, you seems to wrote a letter for the remaining five be confirmed as judges. As per our memo I discuss with Tun Eusoff Chin and we sent the same memo to PM.

    I just want to get a copy letter that that has been done.

    And then Tan Sri Dzaiddin said he is going to recommend six people for the court of appeal, but until today the letter hasn’t come to PM. He never discuss, but neither he has sent the letter to PM. Yes he has not sent. I know it is under the constitution for judges all that is your job Datuk to send, but we don’t want to make it an issue now.

    Ah. Ok Actually I told Tengku Adnan to inform PM, PM to call you for a meeting. I organize it so that Tengku Adnan will call you directly. And then I got your number, I will tell him to call you directly to for you to meet PM lah. So should be ok, then ar.. correct correct, it is very important that the key players must be there.

    Correct x3. correct x2. You know that the same problem that Tun Eusoff Chin has. He tried to do all this and yet he has run out of soldiers. He couldn’t do it because many are from the other camp. Last time was unfortunate because Tun Daim was doing everything sabotaging, otherwise how are things with you – everything is ok?. No, don’t worry. You know sometimes Tan Sri Vincent that half the time they are talking about judiciary rather than doing the work. But if I don’t do this part my work will be useless.

    Ha ha ha. Ah yes.Correct x5, right x3 correct. Ah right susah. You see he has now up for six court of appeal judges, so that he can put his men before he retires.

    Correct x3, ah and then ah, correct. But never-mind, I will do this, I will get Tengku Adnan to arrange for PM to call you and Tan Sri Vincent Tan for PM to call you. And you know why, actually, I am very grateful with Tan Sri Vincent Tan you know why, I brainwash you so much even I quarrel with him. One day I went to Vincent Tan house, I fire him at the night in his house. I said very 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 that. Then he called Tengku Adnan. Tengku Adnan he said, saya bukan Perdana Menteri Malaysia lah, you know. If the old man doesn’t want to listen to me, go to hell.

    He quarreled with me. I said nevermind, nevermind, you talk to PM again tomorrow morning to put Datuk Ahmad Fairuz to CJM. So next day morning he went and he called me back 9.30 that he said PM has already agreed. So I said nevermind, we hope for the best. So I said no harm trying, the worst that it can happen is that you lose. Being the old man, he is 76 years old, he gets whispers everywhere, and then you don’t whisper, he get taken away by the other side. But, now PM is very alert because every time he gets letters from Tan Sri Zaidin, he called Tengku Adnan, he said discuss with Vincent, come and discuss.

    Yes yes, ya. Correct x2, ya, but you see although I know PM, I am a lawyer in practice my views are.. I go through them, I go through them lah. Ah x4.

    And then Zaidin will call them telling that you went saw PM and you make a big issue out of it. Oh ya, I think so, I think so.

    Ok, fine x4 ok x4

    Ah x2 correct x2. Now I heard Raja Aziz, Raja Aziz huh, spoke to my lawyer Thayalan, and another lawyer Ailan, in the high court, they have a case each other. So, Thayalan and Ailan asked Raja Aziz, how is Tan Sri Wan Adnan?

    He said he is on his way down. But you know what is the shocking thing he said? Datuk Fairuz became CJM. He overruled everybody, in three months time, he is going be made VCA, and 6 months time he is going to be CJ. He said he cant think he shocked. He told us.

    Ha, it seems that they are going to organize a campaign to run you down. But you just keep quite don’t say anything. Even the press asked, you said I leave it to God, that’s all. Don’t say. I really like your message. You said you work very hard, what can I do? I leave it to God.

    That’s the best answer datuk that you can ever be.

    Ah… I will also get Tan Sri to remind PM to put a Tan Sri ship this year lah. This will elevate you, you know.

    Oh yes x4. ha. XX got so fast, Tan Sri Chong waited for whole year to get Tan Sri ship.

    Ah.. My god that’s why, ah. Correct x4, ya x4 right x3 correct x2

    Don’t worry, we organize this. If Tan Sri Vincent and Tengku Adnan want to meet you privately, they will, I will call you. We organize in a private arrangement, in a very unusual place.

    No don’t worry, Datuk, I know how much you suffer for Tun Eusoff Chin. And Tun said Datuk Ahmad Fairuz 110% loyalty. We want to make sure our friends are there for the sake of the PM and the sake of the country.

    Not for our own interest, not for our own interest. We want to make sure the country come first. Well, you suffered so well, so much you have done. For the election, Wee Choo Keong, everything. How much, no body would have done all these.

    Yes, you know. Good lah. Don’t worry. I am constantly working on this.

    Ya ya, don’t worry x2. We work hard on this. And Datuk, and then if Tan Sri Vincent and Tengku Adnan want to see you, I will organize it in such a confidential place.

    Ok Datuk very best. God bless you and your family.

    Ok. Thank you thank you. Bye.

  51. Can I say this is more like thieve trying to catch the thieves?
    He try to make Malaysia Islamic state so that people will think that he is a ‘holy’ judge. Nobody will suspect any hanky-panky kind of work. Notice the phrase ‘I leave everything to God in the video’? God will not leave any stone unturned!!!!! God is the true Judge lah.

  52. Hmmm, I was thinking why Jemiaah Islamiah had been so quiet in Malaysia recently. With this Fairuz guy around to change old English common law to Syraiah Law, do they really need to do anything. Now Malaysia is an ISLAMIC country already right? Did Jemiaah Islamiah need to lift a finger to do that? Of course not. All they simply need to do is to call this Lingam character. Take him for a free holiday, give some pocket money to spend and he will do the rest- like calling his Adnan buddy to talk to PM. As usual the PM will agree to everything his gang of 4 on level 4 says.

    Really wonder how many judges and politicians are in his pocket at this stage. Thought these sort of things happen in the movie only but hell no. If Hollywood really can make Malaysian Judiciary into a movie it is certain to be a blockbluster. Don’t really know whether to classify it as horror movie or comedy.

  53. http://www.nst.com.my/Current_News/NST/Thursday/National/20070920084605/Article/index_html
    Former deputy prime minister Datuk Seri Anwar Ibrahim yesterday alleged that a senior lawyer, discussed with a top member of the judiciary, how to “fix the judgments” of several cases. He released an eight-minute video clip of the lawyer speaking to the senior judge on the phone, which purportedly took place in 2002.

    Anwar alleged that the lawyer, who was embroiled in several controversies before, had liaison with several Chief Justices of the Federal Court since 1994. “This, I believe, had reason to influence the outcome in a number of judicial proceedings,” Anwar said. Among the matters discussed in the video were the appointment of a top position in the judiciary and which judges should be appointed to hear certain cases. The two also discussed cases involving Anwar, a former DAP stalwart, a tycoon, a minister and several senior judicial officials.

  54. The dust of “fixing judgments” had not settled since the sacking of Salleh Abbas and will never be settled as the Executive are enjoying the fruits of TDM’s labor. They can turn the sails to whichever direction they want they ship to sail.

    That is why I said before and I will say again that it is a very difficult task to deprive them of the two third majority let alone toppling them in any elections. The old fox had done a good job of getting the legislative and the judiciary all under the executive and with the police and the army all under their thumbs, they are almost invincible.

    So the hope of a free and fair election will be a dream for many more generations to come. But we must not give up though we have hundreds of miles to walk. Achievements are all made by beginning with a small step and we are already on the small step by revealing such distasteful and corrupt activities of the judiciary and at the same time making representations to appeal to the Yang Di Pertuan Agung and RPK had set the ball rolling..

    We have to force them to overhaul the judiciary and then we can charge all those under ISA and keep them behind bars for good. They are a threat to society as they can release the bad and jailed the good.

  55. The wise thing for Fairuz to do now is to step down to escape the limelight and prevent further damages to UMNO’s in the coming election. Looks like there is something more than just a constitutional crisis brewing in Malaysia. Tic… tic… tic…

  56. Let’s observe a 1 minute silence for all the people whose cases were killed on the Bench.

    Let’s observe another minute of silence for all the people who’ve heard of the ‘un-dependence’ of the judiciary and wavered or never bothered to put their cases to the Bench, believing that it’s as good as sending those cases to the undertakers.

    Let’s observe a minute of silence for all the Malaysian demi-god PMs implicated as they may have need for undertakers too after this tsunami expose.

    Let’s observe a minute of silence for all the Judges, the CJs and CJs implicated. For they would have wished that this minute of silence would last forever.

  57. Nothing would be done. The judiciary in Malaysia is just a tool for the government. It swings around the government’s little finger and regurgitates whatever the government feeds it.

    Our justice died with the removal Tun Salleh Abbas in 1988. Long live our beloved Bolehland.

  59. nothing will happen la

    Everybody in BN willjust say ” Tape? what tape? Never heard of it. If there’s a report the relevant authorities will look into it.”

    So guess where are the authorities? Judiciary? Police? The impotent ACA? AAB?

    All the bases are covered

  61. pwcheng Says:

    September 21st, 2007 at 01: 18.42

    “.. that it is a very difficult task to deprive them of the two third majority let alone toppling them in any elections. The old fox had done a good job of getting the legislative and the judiciary all under the executive and with the police and the army all under their thumbs, they are almost invincible.”

    Remember year back to 1984, having 3rd grade in SPM exam’n can getting study loan to study oversea…I thought this is end of the world of merit syst. in Mal’sia…

    Over the time, the BN became the majority and then… it nurtures a group of ” rich & famous ” corrupted politician and members of their camp.

    As time goes on, the ” cake to share” can longer cater for so many “mouths “…. and the time has come…

    The result…. PKR..cry for reform… AAB… cry for fairness…And just go on….for survivor and to fight for a share…

    The evolution …or might be revolution will take place…. due to natural force…

    Good change so far… more injustice case of the past ” pop up”…

  62. This is a story of ambition.

    It is common to nurture ambition for success – in terms of power in one’s position within an organisation, for wealth and influence and social recognition. And everyman, exaggerating his own talents and merits, feels a sense of entitlement to realise his ambition but he realistically also knows that whatever his merits he will never raise himself especially in a society such as ours – not predicated on merits but personal relationships of the ‘I scratch your back and I yours’ kind – unless like a creeper he twines himself around the oak of power and decision making or the assistance of some other earlier creeper that has already wound himself around the oak…..

    And the Prime Minister’s position, especially during Mahathir’s time, is the fountain and repository of all patronage powers : his decision or influence will determine who gets to be big chief of the judiciary, uniformed services whether police or army, of regulatory authorities, banking institutions, GLCs and conglomerates, not to mention political appointments whether ministers or menteri besars etc.

    So everyone tries to whisper in the ears of the PM who dispenses patronage : as what VK Lingam purportedly said in the video clip, “being the old man, he is 76 years old, he gets whispers everywhere, and then you don’t whisper, he get taken away by the other side”. Even VK will surely know the advantage of being an intermediary power broker, able to help and procure favours in exchange for the same to be called for (“payback time”) in the future.

    It is way the world operates, more than ever here, and this has been going on not only in relation to judicial appointments but just about every other appointments of any value that are scarce, powerful and much desired for over which countless other eligibles vie and compete for and requiring the assistance of power of broker – ie “access” – to the PM to obtain!

    All attempts to further one’s own ambitions are natural as they ought to be understandable or even permissible subject to one overarching qualification – that the climb upwards, though depriving others of an equal opportunity to compete on fair basis – should not, bottomline, be on the back of the miseries or credulities of the majority of others, the multitudes or the rakyat!

    Here we are speaking of appointments in an institution like the judiciary that is the arbiter of all disputes and the dispenser of all justice or injustice in a society.

    Without fair referees by way of judges with knowledge of the law and of integrity and not just ambition how can those whose liberty is imperiled get reprieve; how can those who have suffered their reputation maligned or property damaged or sequestered by others wrongfully obtain fair redress from the other side (especially when the other side is “close” and has influence of the judges)? How can Altantuya Shaariibuu or her relatives get justice against the true assailants if there are suspicions that the judges would relent to the pressure to exonerate the guilty who are powerful? How could individual citizenry’s rights be protected against the encroachment of government if an impartial judiciary, uncompromised by power, does not seek to stand in between as bulwark?

    Therein lies the importance of having an institution of judiciary that is fearless, independent and impartial. It must not only be so but also seen to be so. It loses its value unless the reality corresponds to perception. Confidence of the public in it as a fair arbiter of impeccable integrity is a prerequisite. We should not muck around or tinker with such an institution.

    Don’t just blame the CJ or the intermediately legal broker (if contents of clip are authenticated) – TDM as paramount leader should bear responsibility for the tone he set during his tenure as PM for the kind of the “I scratch your back and you mine” culture that has evolved.

    And all because of that man’s ambition. As PM, personal loyalty to him from all quarters especially the judiciary was imperative. The institutions be damned.

    That good judges of integrity like Lord President Tun Salleh Abas, Abdoolcader Eusoffe, George Seah, etc had been replaced since then by small men who had nothing to show but just ambition, sycophancy and blind loyalty to him is bad for the country : it is such men who will not care a hoot about principles except their position and anything to buttress it by further getting other people of big ambition but small minds and twisted principles to surround him – all to our collective detriment! It is such megalomaniac style that sets the country on a downward spiral.

    (I have earlier said that it is alright to further one’s ambitions by whatever means provided that it should not be allowed at the point where harm to citizenry and the nation begins).

    Being in ICU, the man has plenty of time to ponder reflect and ruminate what kind of legacy he has bequeathed to this country and perhaps count his blessing that he has not yet been made to fully account.

    What the nation has to do is to have an institution like an independent judicial commission from people of noted integrity to recommend judicial appointments : it cannot left to one or two persons and their unbridled ambitions!

  63. Smile, they are on candid camera
    http://www.asiasentinel.com/index.php?option=com_content&task=view&id=714&Itemid=31

    Malaysia’s embattled judiciary, already facing a long series of allegations over its independence and under attack by the country’s Conference of Rulers who are blocking the appointment of a new chief judge, has taken another body blow with the release of an eight-minute video clip showing a politically well-connected senior lawyer purportedly in telephone conversation with the then-Chief Judge of Malaya, discussing the appointment of politically pliable senior judges.

    In the conversation, made public Wednesday by Opposition Leader Anwar Ibrahim of Parti Keadilan, lawyer V K Lingham makes it clear that Mahathir Mohamad, then the prime minister, was closely involved in the appointment of senior judges…

  64. The man should be sacked based on the video alone.

    A larger issue really is what Dr. M did to the judiacry, so called crises of 1987. Its time to take away the appointment of judges away from the executive and make them leap over the Parliament committee.

  65. “RealWorld, go do your cheerleading on the UMNO sites, not here.” – Godfather

    Dude, all I am saying is that we should not jump the gun and pass judgement so fast. That tape needs to be authenticated first. Lets not apply the rule of the jungle here.

    As for you suggesting to me to go to UMNO sites and not here, what happened to that freedom of speech you lot have been preaching about??? Are you saying that should the Opposition comes into power, you lot are gonna banned those who opposed you??

    I know you see yourself as a dog, Rottweiler for the Opposition but at least bark intelligently.

  67. I think they will let this hot issue cool down for a while … then out of sudden they will divert into another petty issue like Namewee or burning of the Jalur Gemilang…. he he he.

    Or perhaps they’ll charge the person who reported this case (AB) for defamation against the Judiciary system of the country and creating unrest / uneasiness or they’ll charge him under the pretext of doctoring the video tape…then case close…life goes on as usual after that.

  69. Such an important issue yet none of the mainstream newspapers carry anything on it. This can only mean:
    1. Mainstream papers are not worth as much as toilet paper.
    2. There is much truth in it
    3. The machinations of BN are working furiously overtime to contain and eliminate the ‘enemies’ who are jeopardising their cushy cushy ‘you rub my back, I rubber yours’ arrangements.
    Rakyat Malaysia, pl open your eyes a bit wider and see the injustice done by your local warlords.
    Well done DSAI and LKS!

  71. RealWorld:

    We all know you are an UMNO poodle, yet by the grace of Kit, you have been allowed to comment on this blog all this while. We all know the agenda that you espouse on everything from corruption to abuse of power to cheating and lying, so spare us your standard comments.

    What we simply want to know is this: Do you think that Ahmad Fairuz should be suspended and a royal commission of inquiry instituted to investigate this matter ? We are not asking for the suspension of the entire judiciary, just the CJ. Answer the question precisely, don’t beat about the bush, and don’t do name-calling.

  72. “…don’t beat about the bush, and don’t do name-calling.” – Godfather

    Dude, by your statement; “We all know you are an UMNO poodle” , you have already shot yourself in the foot. You say one thing but do another. Cakap tak serupa bikin.

    What have I done here that should have me removed?? I have never issued racists statements, made any blind accusations, made fun of anyone religious beliefs.

    In this thread, all I am saying is that lets not jump the gun. Tape needs to be authenticated first. Are you saying that the law of the jungle be applied??

    And lastly, you have said that you are a Rottweiler, I am saying at least be an intelligent guard dog. Thats all.

  73. AMNO not the only one to benefit from Corrupt Justiced, I am sure the rest of the thieving gangs like Make Chinese Angry and Semi Valued also benefit from this…………….

    dig dig dig, dig more and dig deep, dig graves for these thieves.

  74. I’ve never said that you should be banned from commenting on this blog. There were others who did, but I disagreed. I wanted to see how you squirm and deflect issues, just as your UMNO masters have been trying to do lately e.g. the Port Klang scandal, the e-Kesihatan fiasco, etc.

    Coming back to this thread, I have never proposed the use of the law of the jungle, even though UMNO deserves the animalistic comments given by readers of this blog and other blogs. What I am supporting is Kit’s call for the formation of a royal commission of inquiry, and for the CJ to be suspended pending the findings of this commission. This is the honourable way. This is in effect the only way to have a proper authentication of the videoclip that is readily acceptable by the rakyat.

    You say that authentication is needed. We don’t disagree. It has to be done right, by a royal commission, and the findings made public. It also needs a timeframe as matters relating to your UMNO masters have a habit of going into a black hole.

  77. We have been aware that all is not well with our judiciary for a long time now – but what we are not aware is the extent of the rot.

    V.K. Lingam’s role as power broker has been common knowlege among members of the legal fraternity. What is not known is the extent of it.

    Here for the first time he is admitting on tape that he has a hand in some of the very senior judicial appointments made by the PM and in the latter’s advice to the Agong. This is not a crime. The crime is when judges before whom V.K. Lingam appears for the litigant or litigants try to reciprocate his ‘kind gesture’ by using any discretion available to him in a non-justiciable manner or enter into a reasoning which is flawed and arriving at a judgment that would not pass the scrutinty of a higher court. Some of such cases may lead to appeals and may be reversed in which event thousands of taxpayers’ money would be wasted. Some may not be appealed because the litigant lacks the resources to continue. Some may reach the highest court of appeal only to have judgments confirmed.

    A perversion of the course of justice in the end? Possibly.

  78. As for V.K. Lingam though the tape is not proof of any crime being committed, as a lawyer he is held to a high moral standard and has breached the Code of Ethics serious enough to be disbarred.

    In the event of an official investigation into his role, and when crimes are later discovered, when he is shown to be part of a criminal conspiracy then he would be facing jail time like the rest of us who commit crimes.

  79. The rot is everywhere – the Judiciary, the Police, the ACA, the AG’s Chambers. Protected by a cozy relationship with the legislative, these clowns and crooks think that they will never be caught or brought to justice – which is probably a correct assumption.

    In commerce, if you need to borrow money and have a corrupt banker, a willing lawyer and a willing accountant on your side, you can borrow billions and never have to pay it back.

    In a nutshell, this is what Bolehland has evolved into – an ever-widening den of thieves.

  80. “You say that authentication is needed. We don’t disagree. It has to be done right, by a royal commission, and the findings made public..” Godfather

    So far V.K. Lingam has not denied that it was him you see on the tape or that it was his voice. It would affect his credibility to deny what is obvious – which is why he has not done so. Everybody who knows him, knows that it is him and it his voice.

  82. If I were Lingam, I’d go hide in a secure place, then call Badawi and ask “how much is my silence worth?” After all, he now has the Judiciary by the b@lls which, by extension, has UMNO by the b@lls.

    UMNO can say all it wants about the authenticity of the tape, about the possibility of a monologue by Lingam, about Lingam acting for the benefit of the camera-person, etc etc, but if Lingam were to make a public statement that it was him in a conversation with Fairuz in 2002, what is UMNO going to do ?

    Say that Lingam has gone mad and needs to be institutionalised ?

  83. “The rot is everywhere – the Judiciary, the Police, the ACA, the AG’s Chambers.” – Godfather

    If what you say is true, then come the next GE the rakyat will vote us all out wholesale. Let the rakyat be the judge, shall we?

  84. “I wanted to see how you squirm and deflect issues, just as your UMNO masters have been trying to do lately e.g. the Port Klang scandal, the e-Kesihatan fiasco, etc.” – Godfather

    Well dude, if you cut down on your usual rants and tirade of petty insults, you may just be able to see better.

    Talking about deflecting issues, you know, till now you have yet to tell me how can PKR DAP PAS with a marriage of convenience gonna govern the nation, should they take the next GE?? What about PAS Islamic State? Why contest in elections under various banners?? Instead of slithering away, why dont you show some b@lls and provide the answers?

    What about that Msian Malaysia promise? Where are the malays/indians in DAP?

    And you know for an example, I was in Bkt Bintang last Saturday. I see illegal vcds and numerous ‘hanky panky’ business there, thriving too. So, what has DAP done there? What has your Fong KL done all these while there as a MP? Will the rest of Msia turned into one big red light district once DAP come into power?

    You are calling for the suspension of the CJ pending the findings. And how is that honourable? Have you not heard of innocent until proven guilty? If we do things the way you proposed then, for an example should a police report be made against you, do we put you in prison first while the police investigate that report???

  86. “If I were Lingam, I’d go hide in a secure place, then call Badawi and ask “how much is my silence worth?” – Godfather

    Blackmailing from an undisclosed location?

    Both V.K. Lingam and the CJ are probably now conferring at an undisclosed location as what to say to the media. What good is blackmail when apparently they have been the subject of blackmail. The tape itself is worth millions of USDLS deposited in an offshore USDLS bank account.

    So what happened or should I say what didn’t happen?

  87. “After all, he now has the Judiciary by the b@lls which, by extension, has UMNO by the b@lls.” Godfather

    But don’t forget the Bar Council and many many senior lawyers also have V.K. Lingam by his balls!! They are not going to let go anytime soon.

  90. RealWorld:

    You are either an idiot or an arrogant UMNOputra for

    1. equating common criminal suspects with the CJ; and
    2. thinking that the MP of a constituency is responsible for law enforcement.

    We know your gripe – the opposition can’t do any better, the opposition may also be corrupt, the opposition can’t provide unity – so please go comment elsewhere if this is all you can do.

  92. The judiciary in this country is forever filled with scandals. Look at the past records. How many times scandals had happened in the judiciary, and no sound conclusion to each and every scandals in the past. Who else trusts the judiaciary nowadays? Only the PM and his cronies!

  93. “You are either an idiot or an arrogant UMNOputra” – Godfather

    Again, the typical tirade of petty insults. Cant you at least try to be a little creative? Come up with something new?

    And I take it that you dont have the b@lls to explain that marriage of convenience or that so called Msian Malaysia thingy.

    Dude, seriously if you are not happy why dont you just leave. Am sure Australia, New Zealand will find you amusing the very least.

  95. Tsk, tsk, tsk, an UMNOputra asking me to leave.

    That’s the truth of the situation, isn’t it ? Asking us to leave so that there is no opposition. So that UMNO can continue to steal until there is nothing left to steal. Blame the ills on others but not UMNO. Bukit Bintang is full of DVD peddlars and prostitutes. Blame it on the DAP MP. If there is a murder in a BN constituency, do we blame it on the BN MP ? Have we ever said that the MP for Wangsa Maju should be held accountable for poor Nuzrin’s murder even though she was kidnapped at the night market ? Don’t have double standards. If we truly had a free and unfettered media, you BN thieves would have been booted out long ago.

    Then it would be the UMNOputras like you looking for safe havens like Perth, London, Melbourne, Medan, Surabaya to enjoy their ill-gotten wealth. But we will find you after the day of reckoning.

    BODOH! BODOH! BODOH! And these are from one of UMNO’s so-called legal brains

  96. “Dude, seriously if you are not happy why dont you just leave. Am sure Australia, New Zealand will find you amusing the very least.” RealWorld

    What if I don’t leave ? What if I decide to stay and be a thorn in UMNO’s side ? What if I make it my mission to expose all the misdeeds and wrongdoings of UMNO ? What if I expose you guys for what you really are – a bunch of thieves that never follow your religious teachings ?

    Are you going to throw the ISA at me ? The OSA ? With the police and the AG’s Chambers under UMNO’s control, I’m sure you guys can think of something.

  97. “What if I don’t leave ? What if I decide to stay and be a thorn in UMNO’s side ?” – Godfather

    Thorn in UMNO’s side? :) At best, I mean at the very best (and I am pushing a little here), you be the court jester in DAP.

    Suspend the CJ while the tape be authenticated? Dude, Msia is indeed not for you. We dont have the law of the jungle here.

    Unable to explain that marriage of convenience and that wishy washy Msian Malaysia , eh? Well, I will not hold you to it , after all what can we expect from a court jester.

    Thorn in UMNO ….. hehehe really comical :)

  100. We are going to fix the barn door. By voting out the thieves, cheats and liars. And make their blind supporters see the light.

    Cemerlang, Gemilang, Temberang – the true UMNO slogan.

    Kita ada HAD, kita akan ada HARI.

  101. Disgusting.
    Sometime ago, our gobermen mentioned malaysia as a shopping haven. I cannot understand how we could compete with singapore hk and bangkok. Now I can. You see, here we can buy titles (dato etc), degree certificate, sick leave certificate, licences (all sorts like driver’s licence etc), judiciary position (I think I fancy being a CJ myself – anyone any jalan?). Now this is true shopping haven. We are redefining the meaning of that expression. The positive side is at least we are leading the world in the redefinition. YES WORLD LEADER IN “SHOPPING HAVEN”.

  103. my hope DAP will have every constituency 1 MP…. you will for sure have our support….. we need RULE OF LAW couple with intelegent leadership…… Education policies has been the greatest victim of our UMNO’s strugle to help the Malays…. the question is did they? the Singapore Malays are alway more intelegent because in 1964 election in Singapore SUMNO failed to capture Malay vote…. because they knew the who was a better leader….. the time has come history is going to repeat itself….. lets wait and see…

  104. INTRODUCTION
    Just when the dust had begun to settle on his previous and unfortunate misadventure, a naked attempt to throw Malaysia into chaos and seize government in the ensuring confusion, Anwar Ibrahim appears once more to have gravely miscalculated his moves, demonstrating a mercenary ‘the devil may care’ attitude in his unquenchable lust for power.

    If there is one thing that will forever characterize Anwar’s contribution to Malaysian history it is this. He will be remembered as the man who never failed to waste or squander an opportunity through his own vanity and his unwavering belief in his own infallibility and invincibility. Hitler too suffered from that same complex.

    The sheer audacity of Anwar’s putsch this time is only dwarfed by enormity of the arrogance of the man’s ignorance. Using an outdated apocryphal document he calls Video Korupsi Tun Datuk Fairuz dan VK Lingham, (“Video”) Anwar seeks to revive his faded jaded personal and his political reputation and leadership ambitions with a sensational policy free campaign.

    THE VIDEO (Video Korupsi Tun Datuk Fairuz dan VK Lingham)”

    What the Video is proof of is nothing more than a documentary footage of an Indian male, even if that Indian male is VK Lingham, engaged in a monologue over a telephone.

    To Anwar it purports to be a record of proof of an act of corruption in recording what he asserts is a private conversation between the Chief Justice of Malaysia and a lawyer (identified in the video as VK Lingham) conclusively therefore also proof of corruption against the judge and Lingham.

    There is no dialogue. We hear no one else. The Video is evidence of and proves nothing more than just that. Perhaps just a little more. That the Anwar camp has no regard for the privacy of individuals, nor regard for the law is evident in his actions nor is there any indication that Anwar understand the law or how it works.

    What surprises many around the world and yet seems oblivious to a sector of the Malaysian community, the Malaysian legal fraternity and their Human Rights Advocates (at least that’s what they prefer to be portrayed as) if that’s not stretching credibility too far, is the failure of these two groups to comment on, or to challenge this glaring defect in this egregious document, the Video in support Anwar’s claims of proof of corruption against the judiciary in Malaysia.

    *CORRUPTION AND JUDICIAL MISBEHAVIOUR

    *Like the word corruption, judicial misconduct and judicial misbehaviour has no universally defined meaning. Instead each of these terms can be applied selectively in any given set of circumstances.

    At its weakest, it is used to define a morally or socially unacceptable or questionable form of conduct to make it sound so reprehensible as to deserve legal sanction.

    It should be noted that regardless of the jurisdiction, a majority of jurists and politicians in common law countries would not be in favour of any statutory definition of what constitutes removable misbehaviour , misconduct, incapacity or what divides removable misbehaviour from non-removable misbehaviour in the case of judicial misconduct.

    However worthy such an endeavour might be in principle, it would seem to be a near impossible and impractical exercise due to the difficulties in identifying and defining the offence in this area.

    For example, there is widely held opinion amongst internationally renowned jurists and academics that the term misbehaviour or misconduct as far as judicial officers are concerned should be used in a way that meets the ordinary definition of those terms and should not to be restricted to misconduct in office or to conduct of a criminal nature.

    A considerable degree of leeway is thereby offered for debate and interpretation as to what constitutes misconduct and as to whether, in any particular case, it constitutes a “hanging offence”.

    It will be recalled that the Commissioners in the Lionel Murphy affair, (Lush, Blackburn and Wells) were to some degree in unison about notions such as

    • conduct judged by contemporary standards which casts doubt on a judge’s suitability to continue in office;
    • conduct which, being morally wrong, demonstrates the unfitness of the judge to continue; and
    • behaviour which represents a serious a departure from the standards of proper behaviour by the judge that it must be found to have destroyed public confidence in the judge.

    Perhaps the last of these categories as propounded by Lush, Blackburn and Wells is what Anwar was alluding to. But the manner in which he presented his case and his credentials as the future leader of Malaysia behind the veneer the tapes leads to more questions being asked about Anwar’s credibility, his capability and his character (his character is an issue when he attacks the character of his opponents).

    World renowned legal commentator and professor of law, Tony Blackshields of Macquarie university Australia, notes that in the Federal context, (applicable in the Anwar tapes question (my opinion)), “Misbehaviour is essentially a political rather than a legal notion”.

    It was further argued or submitted in the Lionel Murphy matter that the distinction between criminal and non-criminal behaviour is not necessarily going to be very helpful.

    For example, while a conviction for a lower or medium level drink driving offence or a minor assault may not be regarded as sufficient for the removal of a judicial officer, non-criminal behaviour such as persistent failure to produce timely judgments or repeated serious rudeness to litigants and/or lawyers could be.* ( *adapted from the Sallman Paper 2005)

    Anwar did not allude to any of these notions or suggestions but instead went on a whim to cling on to an outdated piece of questionable but sensational document suggesting a desperate action by a desperate man.

    On the face of repeated complaints where proof is readily available from the record and the bar, for persistent failure to produce timely judgments or repeated serious rudeness to litigants and/or lawyers for which there is ample proof, Anwar would have been better submitting these as examples of misconduct rather than a feeble sensational video to make his case then fall on his sword.

    PROOF VERSUS PUDDING –
    PROCEDURAL FAIRNESS AND INADMISSIBLE EVIDENCE-

    If this is Anwar’s and Elizabeth Wong’s idea of proof of corruption (as opposed to inadmissible and uncorroborated evidence) and proof of the truth to their assertions, then that video unfortunately purporting to show Anwar’s good wife engaging in an intimate encounter with a white male in a hotel room, (an Australian or American journalist according to the commentary) a video which once did the rounds of the internet when Anwar was imprisoned, is by these same standards he now applies to Fairuz and Lingham, evidence of his wife’s infidelity and his party’s immorality if not by implication then at least expressly so. She was once their president.

    That video of Anwar’s wife (which it purports to be) which no one should condone for what damage it does to unsuspecting individuals in the exercise of their private rights, cannot be proved to contain anything factual or of public benefit without the benefit of an open trial and testing of that evidence. Such is an example of the dangers of cheap entertainment and an immoral stunt to defame being submitted as proof.

    Anyone who supports such a stunt without the benefit of a proper investigation, procedural fairness and conclusive proofs of the assertions made is equally at the very least morally culpable.

    THE MALAYSIAN LEGAL PROFESSION

    Clearly Malaysian lawyers have a credibility problem if they do not unequivocally condemn Anwar’s pernicious theatrics. In remaining silent observers and indolent spectators on the sidelines in the face of such an unprecedented assault on the judiciary, the dignity of the office of the Chief Justice and the courts, they are guilty of a gross dereliction of their duty as officers of the courts.
    Politics and political biases should not interfere with such a duty.

    It is a duty they must discharge impartially as is expected of them. Lawyers by their training are expected to be forensic and detached, not partial and biased. The law cannot operate fairly in an environment where fairness, truth and merit are casualties whilst mediocrity and bias are the criteria for justice to prevail. This is an assault on the competence and integrity of the entire legal system which includes lawyers as its largest constituent component.

    Lawyers ought to know that it is for the courts (and that includes them as officers of the courts) to dispense justice rather than for an individual like Anwar to dispense with justice with their tacit support in pursuit of a purely personal and political objective.

    What’s also perhaps more disturbing in this affair is the lack of discussion or argument about those critical legal issues of evidence, probity, political and moral integrity that will eventually impact on all of us if Anwar gets his way with government which the Malaysian bar appears to have conveniently ignored with their silence.

    AN EXTREME OF THE EXAMPLE OF PROFESSIONAL INCOMPETENCE

    Consider the following proposition in the light of the position the Malaysian bar has adopted in this affair.

    The ultimate statutory sanction against a human being in Malaysia is the death penalty. It applies to persons who are found in unlawful and unlicensed possession of firearms as well and more notably it applies to persons in possession of drugs of dependence such as marijuana, cocaine or heroin.

    In the absence of the expected outrage on pressing legal issues raised by the Video, an outrage which has yet to manifest itself from the Malaysian bar, one can only wonder as to how many Malaysians who dangled on the end of a hangman’s noose paid that ultimate price for the incompetence or ignorance a Malaysian legal practitioner acting in their defense.

    This Video purporting to show VK Lingham engaging in a conversation with Chief Justice Fairuz is designed to bring the reputation and credibility of the bench and the courts of Malaysia into disrepute. Lawyers must remember that the bench is made up of persons from their esteemed ranks.

    Anwar’s actions in this particular instance constitutes the offence of contempt of court. A politically bankrupt exercise designed to smear individuals he does not like with his contumely against an elected government of the day through a cowardly act of the most sinister sort, has neither legal nor moral basis.

    Interference by breaching the privacy of an individual through use of untested perhaps even manufactured evidence which Anwar relies on in support of his vain belief that he is the only worthy contender for the office of Prime Minister of Malaysia, is reflective of the extent to which a delusional narcissistic Anwar will go in pursuit of his ambitions at the expense of others.

    Anwar demonstrates an embarrassing inability to distinguish fact from fiction, evidence from proof or a clear understanding of the law. Anwar demonstrates a level of culpability, recklessness and reinforces the fact he is clearly a man with little regard for the law or the constitution.

    A totalitarian blackmailer is more likely the character he proves himself to be in this unfortunate episode, having further gone on the record to make the claims that the judiciary is corrupt based on a suspect video and his discredited word.

    Some media like Malaysia Kini and the legal profession on the other hand willingly and irresponsibly assist Anwar to muster a misguided public in manufacturing consent.

    WHY HIS ACTIONS ARE INEXCUSABLE

    As a politician with a considerable degree and wealth of experience in the intimate workings of government and a long career of having dealt with the law and government at the highest levels, his smear and defamation of the bench is inexcusable, unforgivable, deliberate and without proper cause.

    If this were the rantings of an uneducated rural Malay, an Indian plantation labourer or a common Chinese Malaysian whom many believe have an in built anti Malay bent anyway, then the making and publishing of such defamatory material, labeling it so confidently as evidence of corruption could be tolerated and to some extent excused.

    However when presented so confidently as proof by someone of Anwar’s perceived caliber, his mischief is criminal, deliberate, seditious, treasonous, reckless and criminal.

    Here is an individual who so readily points the accusing finger of corruption, malice and inequity towards his colleagues, his partners in crime with whom he once shared a common goal, acting as a repository of the trust of Malaysians,.

    A WOLF IN SHEEP’S CLOTHING?

    The obvious question on everyone’s lips is, how come Anwar remained so deafening silent when the ISA and all other forms of ‘undemocratic behaviour’ during his time in government was inflicted on so many? What makes Anwar so believable now? especially with his reckless and unlawful defamation of the office of the Chief Justice of Malaysia without reason cause or proof apart from his personal desire for revenge?.

    Anwar’s attempts to convince us his ‘road to Damascus conversion’ occurred sometime during the currency crises in 1997 and that he is now a changed man for the better is less than convincing in light of this unfortunate episode in his political life. The 16th of September has now come and gone. It is history like he is fast becoming himself.

    Where is the evidence if not the proof of Anwar’s sudden change? or is Anwar suggesting that the moment he left parliament for the last time everything went pear shaped and corrupt and therefore suddenly worthy of his contempt for the nation which gives him license to defame his opponents with impunity? Or is he perhaps suggesting something else to us, such as perhaps, he was himself complicit in that culture of corruption he suggests existed whilst he was in office, but that the real offence committed by the government of the day was that he was not placed in charge of the till?

    A MAN UNDER SEIGE

    Except for his coterie of rabid fanatics, ignorant legal advisors and sycophantic admirers, it is hoped he will be made an example of for what he has now done by his reckless childish behaviour in thwarting any real opportunity by those committed to exposing real corruption and undemocratic behaviour wherever it occurs.
    Sadly Anwar has lost any semblance of credibility that may have existed within him as a residue of his last disastrous adventure, with this farcical, deliberate tarnishing of the reputations of either Fairuz or Lingham.

    Indelibly stamped across his feeble attempts to grab power again through anarchy is the clear absence of statesmanship. Brinkmanship maybe, but where is the cause or principle?
    If the judiciary is corrupt, then let due process prevail. The general suspicion is that too many within the legal profession themselves find this ‘expose’ too close for comfort which is why their silence is deafening.

    The more pressing problem is the question of whether members of the legal fraternity in Malaysia have the requisite skills or levels of competence to prosecute or bring a successful action against those they ‘suspect’ of corruption without revealing a tainted hand.

    Anwar has tarnished the image of Malaysia’s courts and its judicial institutions to an extent it can only be remedied by locking him up after an open trial and throwing away the key, bad back or otherwise.

    He deserves to be reminded that the quality of evidence he accused the Mahathir government of relying on at his trial, labeling it unfair, tainted, manufactured and inadmissible is now the very same quality of evidence he relies on to defame his targets. Anwar cried for procedural fairness during his trial. His recent actions demonstrate an acute lack of understanding of that concept.

    In his own words and by implication of what he conveyed at his recent press conference, Fairuz is in his cross hairs for revenge because Fairuz he claims was part of a ‘conspiracy’ to destroy him. That’s not good enough a reason to hold the nation and its political and legal institutions to ransom. Or is it fair game in pursuit of a larger political objective? Clearly the nation and its people are dispensable commodities where Anwar’s political ambitions are concerned.

    AN EXPRESSION OF FATE OR A FATEFUL FATAL EXPRESSION

    No conspiracy was needed to destroy Anwar except a conspiracy of truth, fact and the law. Considering Anwar’s demonstrated abject , unmitigated ignorance of politics and law and his contempt of the law, the judiciary or the liberties of individual citizens whether these be VK Lingham or Fairuz , Anwar needs no enemies to fail. He shoots himself well in the foot and is self destructive enough for others to let him engineer his own demise again. If Anwar does not take his foot out of his mouth soon he may well commit political suicide as well.

    Anwar reinforces the proofs and the truth behind his conviction for sodomy to the extent that, the standards of proof established at his trial was far higher than the standards of proof he is able to establish to prove the culpability of Fairuz and Lingham in the commission of such a grave offence as judicial corruption.
    For a politician having experienced both of the extreme examples of what the law may dish out to the unwary when abused, he still seems terribly ignorant, careless and quite clearly indifferent to the seriousness of his charges against his victims and appears clearly not to have learned his lesson.

    DOCUMENTARY EVIDENCE AND HEARSAY

    In legal proceedings it is generally accepted that there must be a subject matter for determination, and some immediate right, duty or liability to be ascertained by a court.

    In order to establish that there is a prima facie case (ignoring for the moment the magnitude of the offence complained of) due process and reference to established legal practice should be the first course of action.

    Anwar may like us to believe that he is being chivalrous by his behaviour. His actions though appear to belie a somewhat sinister, cavalier attitude and design for what is by his own admissions a campaign of retribution en route to his ultimate destination, the office of prime minister.

    Anwar appears to be totally naieve about the dangers of relying on video recordings (second hand hearsay ) ( a case of sex lies and videos or is it life imitating art?) purporting to show what is clearly uncorroborated ‘evidence’ of proofs that the events complained of occurred. This most unfortunate outburst by him will be the root cause of his downfall again.

    In such a vain attempt at grabing power through sensation and unsubstantiated, uncorroborated claims of corruption, it may be useful for Anwar to examine the reasons why courts in common law jurisdictions do not allow for the admission of these types of evidentiary material to be used against an accused save in exceptional circumstances and even then only where permitted by law.

    The law of evidence and the common law provides adequate studies of the dangers of second and third hand hearsay evidence against an accused especially if in uncorroborated documentary form.

    THE BABE FACTOR

    People may recall the popular animated film Babe. Babe is an Oscar winning film depicting a pig, ducks and other barn animals speaking effortlessly in English with flawless lip sync, seamless edits and the unmitigated use of computer graphics.

    The film cleverly uses animals in animation to reinforce a cryptic moral message so convincing to its audiences. It also provides the most compelling contemporary evidence of why the use of such material as the Video can be dangerous when presented as unimpeachable evidence of proof of his assertions.

    With the advent of computer film technology now available in “off the shelf” software to anyone desirous of creative or damaging mischief, anyone with half a brain can concoct what Anwar relies on for his very conclusive statements about the Judge and Lingham. That is not to suggest that Anwar concocted this Video. The point is that it is possible for someone with the necessary tools to create such a Video. The US continually uses it to discredit its enemies like Osama Bin Laden.

    THE LESSON

    If a pig could speak and a horse argue (which by the way many young Americans interviewed after the film said, they believed possible, citing the example of a parrot speaking human languages even if only by repetition) then surely Anwar’s base intelligence should have told him that applying the same medium to his mischief carrying his evidence as proof, it is also equally possible to produce the same result he now relies on in this tape he presents as proof of corruption.

    This is precisely the reason why competent courts do not and are under a duty not to admit such evidence without proper cogent corroborative supporting proofs.

    THE DANGER THAT IS ANWAR

    For Anwar to stoop so low is final reinforcement of the dangers of ever having him in parliament let alone as a future Prime Minister of Malaysia. He cannot be trusted to distinguish fact from fiction, he has very poor choice of legal advisors and has now been dragged into a final act of self destruction through political suicide driven by desperation of his own incompetence and ambition. (foot in mouth disease).

    If he were ill advised into this perfidious act against his nation, he has a duty to at least to dismiss his entire legal team and his political advisors immediately he discovers the futility of pursuing this stunt with its dire criminal implications for him. It has far reaching consequences for his personal and professional reputation and whatever may be left of his political integrity.

    Anwar demonstrates a characteristic beneath contempt for what he has done or attempted to do to Lingham and to Fairuz regardless of what one may perceive of both these individuals privately. He demonstrates a terribly immature and unstable personality devoid of the statesmanship qualities one would expect of a would be political leader.

    It is widely hoped that he will contain his vanity, uncontrollable anger and desire for revenge in order to re establish his credentials and redeem himself once again to convince that he is what Malaysia needs (like a hole in the head at this time).

    In parting, someone should perhaps introduce Anwar to this verse:

    “The heights to which great men have leapt were not achieved in sudden flight. But they whilst their companions slept were toiling upward in the night”

    Harvard and George Washington University may also for their part wish to take time out for some introspection. Their hasty willingness to bolster their jaded reputations with the hype associated with awarding unmeritorious honorary professorships and doctorates to people like Anwar and others for purely politically expedient reasons will only enhance their reputations. Bad reputations that is.

    Gopal Raj Kumar
    Australia

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