KUALA LUMPUR: Datuk V.K. Lingam was privy to classified information on the appointment of judges, the Royal Commission of Inquiry report concluded.

"Lingam had information on matters protected under the Official Secrets Act 1972," it said.

The commission made this finding after it verified his conversation in the video clip with documents from the Prime Minister's Office.

They focused on the following letters:

- Oct 2, 2001: Then chief justice Tun Mohamed Dzaiddin Abdullah submitted five names to the prime minister, Datuk Seri (now Tun) Dr Mahathir Mohamad, on the appointment of High Court judges.
- Dec 5, 2001: The prime minister agreed to the appointments of Datuk Heliliah Yusof, Datuk Ramly Ali and Datuk Ahmad Maarop, but rejected Dr Andrew Chew Peng Hui and Zainuddin Ismail.

- Jan 11, 2002: Dzaiddin requested that the prime minister reconsider his recommendation to appoint Chew and Zainuddin.

- Jan 31, 2002: The prime minister rejected the recommendation without giving reasons.

The commission said it was reasonable to suggest that Lingam in his conversation with former chief justice Tun Ahmad Fairuz Sheikh Abdul Halim (on Dec 20, 2001), captured in the video clip, was referring to the Dec 5, 2001 letter sent by Dr Mahathir to Dzaiddin.

"This was a strange development since correspondence of this nature was strictly confidential and could have been known to the author and the recipient and not generally made available to ministers and deputy ministers."

It noted that at the material time, Datuk Seri Tengku Adnan Tengku Mansor was the deputy minister in the Prime Minister's Department in charge of legal affairs.

"His name was mentioned by Lingam as a source. It is perfectly conceivable that what Lingam had stated represented the correct version of events," the report said.

At the inquiry, Lingam gave evidence that he knew nothing about the appointments of judges, but maintained that he had heard rumours and gossip among lawyers.

"Yet, strangely enough, he was unable to come up with the name of a single lawyer to corroborate his evidence on this issue," the report said.

Tengku Adnan had also denied the allegations.

"We are unable to comprehend the rationality of this stand when examined in the context of the long relationship with Lingam and his position as deputy minister, which would have provided him the opportunity of having access or knowledge of what transpired between the PM and CJ (Dzaiddin)."

The report also said that Lingam had knowledge that Dzaiddin was going to recommend six judges to the Court of Appeal, but had yet to send a letter to the prime minister.

In his evidence, Dr Mahathir indicated that the elevation process of judges would take between three and four months.

If so, the report noted, it would mean Dzaiddin's recommendation would have been sent out at the beginning of 2002.

"Thus, the fact that 'the letter hasn't come to PM', as stated by Lingam in the transcript on Dec 20, 2001, suggested that he was involved in the appointment or elevation of judges."

Again, Lingam had said that the information came from lawyers.

"Given the fact that he was unable to recollect the name of any lawyer concerned, his answer must necessarily stand on shaky ground," the report said.