KUALA LUMPUR: The Lingam video clip is genuine. This is among the findings of the Royal Commission of Inquiry.

The Royal Commission is satisfied that Loh Gwo-Burne's video is authentic.

The commission was also satisfied that Loh Gwo-Burne, the maker of the clip, had not faltered in his testimony, which corroborated with the forensic analysis.

It also found that the speaker on the phone was indeed Datuk V.K. Lingam, despite his denials.

During the testimony, Lingam had said: "It looks like me and sounds like me" when asked about the image of the person on the phone in the clip.

It was also proven that he was speaking to former chief justice Tun Ahmad Fairuz in the presence of businessman Loh Mui Fah and his son Gwo-Burne, the reported added.
This was through Lingam's knowledge of Tun Ahmad Fairuz's future positions and his elevation, including the rejection of the late Tan Sri Malek Ahmad for appointment as chief judge of Malaya despite his seniority over Ahmad Fairuz.

In the video clip, Lingam also told Ahmad Fairuz through the phone: "But you just keep quiet, don't... say anything... don't tell aaa... even the press ask, you say leave it to God, that's all."

This was consistent with the statement made by Ahmad Fairuz, which appeared in an English daily on Nov 11, 2001.

In the third term of reference, the commission found that there was direct influence by Lingam, Tan Sri Vincent Tan and Datuk Seri Tengku Adnan Tengku Mansor in the elevation of judges.

In particular, it was the appointment of Ahmad Fairuz as the chief judge of Malaya and subsequently as Court of Appeal president.

"In the circumstances, we do not find the denial by (then prime minister) Tun Dr Mahathir Mohamad that he was not influenced by anyone to be entirely convincing," stated the report.

"There appeared to be deliberate efforts made on the part of Tan, Tengku Adnan and Lingam, collectively and/or individually to undermine (former chief justice) Tun Mohd Dzaiddin Abdullah's recommendation to the prime minister to appoint Malek Ahmad as CJM because they felt that he was, according to Lingam, 'anti-PM'."

Under the fourth term of reference, to determine whether misbehaviour had been committed, the commission found that "the collective and cumulative actions of the main character concerned, had the effect of seriously undermining and eroding the independence and integrity of the judiciary as a whole".

Under its fifth term of reference, to recommend the appropriate action, the commission stated there was sufficient cause to invoke certain laws, including the Sedition Act 1948, the Prevention of Corruption Act 1961, the Legal Profession Act 1976, the Official Secrets Act 1972 and the Penal Code against some of the principals involved.

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Controversial cases with links to Tun Ahmad Fairuz Sheikh Abdul Halim, Tun Mohd Eusoff Chin, Tan Sri Vincent Tan and Datuk V.K. Lingam

- In 1995, lawyer and now Wangsa Maju MP Wee Choo Keong was removed as Bukit Bintang MP after an election court decision presided by Ahmad Fairuz.

- Eight years ago, V.K. Lingam was Vincent Tan's counsel in the libel case against M.G.G. Pillai, in which Pillai lost. It was also the highest defamation award in history then, totalling RM7 million.

- Also in 1995, in the Ayer Molek rubber company case, the High Court ruled that the Federal Court panel that heard the case was illegal and unconstitutional. Lingam was involved in this case.