Lingam tapes: Case closed

2009/10/22

KUALA LUMPUR: Legal action will not be taken against prominent lawyer Datuk V.K. Lingam for lack of evidence and testimony in the findings of the Royal
Commission of Inquiry into the Lingam tapes.

Prime Minister Datuk Seri Najib Razak told Parliament the findings of the probe were not substantial enough to initiate legal proceedings. In a written reply to Lim Guan Eng (DAP-Bagan) in the Dewan Rakyat yesterday, he said there
were several factors tied to the issue that had thwarted efforts to move ahead with the case.

He said no evidence was found to prove abuse of power in judicial appointments as presented in the then Anti-Corruption Agency’s investigation report on
the issue.

“Hence, the Attorney-General’s Chambers ruled that there would be no further action (in the matter. Najib said investigations commissioned under the Official
Secrets Act 1972 could not identify any wrongdoing by anyone in the handling of documents related to appointments of High Court judges. Investigations into former chief justice Tun Mohd Eusoff Chin’s New Zealand holiday were also hampered as a key witness could not be found, he added.

On alleged false claims for a hotel stay by former chief justice Tun Ahmad Fairuz Sheikh Abdul Halim, Najib said there was insufficient evidence to back up

the allegation.

“The Malaysian Anti-Corruption Commission’s Legal and Prosecution division director decided not to pursue the investigation. The investigation
papers were not referred to the attorney-general.”

Najib explained that no action could be taken against Lingam based on the findings of four separate investigations scrutinised by the commission.
The investigations were carried out under:
section 15 of the Anti-Corruption Act 1997 (before it was abolished) on alleged abuse of power in judicial appointments;

the Official Secrets Act 1972 on wrongdoings in the handling of documents related to High Court judicial appointments;

paragraph 4(a) of the Anti-Corruption Act 1961 (before it was abolished) on Eusoff’s New Zealand vacation; and,

paragraph 11(c) of the Anti-Corruption Act 1997 (before it was abolished) on alleged false claims for a hotel stay by Ahmad Fairuz.

The inquiry, which began on Jan 14, was set up to look into a 14-minute video clip which the commission said showed Lingam in conversation with Ahmad
Fairuz over judicial appointments. The commission found, among other things, that:

• The video clip was authentic;
• Lingam was in conversation with Ahmad Fairuz over judicial appointments;

• There was direct influence by Lingam in the elevation of judges, in particular in the appointment of Ahmad Fairuz as president of the Court of Appeal, with the possible aim of his further appointment as chief justice; and;
• Lingam had asked 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.

The commission identified six people to be investigated under the Prevention of Corruption Act 1961, the Sedition Act 1961, the Legal Profession Act 1976, the Official Secrets Act 1972 and the Penal Code.

They are former prime minister Tun Dr Mahathir Mohamad, Lingam, Tan, Umno secretarygeneral Tengku Adnan, Eusoff Chin and Ahmad Fairuz.