'Correct...correct....correct' VK Lingam: I have a right to be heard

Lawyer VK Lingam has told the Court of Appeal that the 2007 inquiry into the 'Lingam-tape' incident had denied him the right to reply several allegations, and thus the panel's findings should be subject to judicial review.

“I merely want to clear my name,” said Lingam, as part of his 80-page submission today. He was representing himself.

Lingam is seeking the review with two former Chief Justices Eusoff Chin and Ahmad Fairuz Sheikh Abdul Halim.

The trio, along with tycoon Vincent Tan and now Umno secretary-general Tengku Adnan Mansor, had beendenied leave by the High Court (Special Powers and Appellate Division) on Dec 12, 2008, to appeal the findings of a royal commission of inquiry into the incident.

Lingam told the Court of Appeal that some allegations against him during the inquiry had been made only after he had testified and thus he could not answer them.

"Leave in a judicial review requires a lower threshold than prima facie. Hence, leave should be granted for the case to be heard on its merits at the High Court," he submitted.

He also said that commission member and former judge Mahadev Shankar(left) should have recused himself after it was revealed that his medical expenses had been paid by Lingam on one occasion.

This was revealed by Eusoff during the course of the inquiry.

In addition, Lingam said the commission had expanded the scope of inquiry beyond the terms of reference and had gone “on its own frolic”, resulting in bias being committed against him.

Fairuz: I was pre-judged

Ahmad Fairuz's counsel Mahinder Singh Dulku submitted that the public had pre-judged his client even before the start of the inquiry.

“The whole country had no doubt, despite the video clip (being) not clear... Undoubtedly, bias was committed on behalf of commission as they had pre-judged the issue,” said Mahinder in submission.

During the inquiry, Ahmad Fairuz had told the five-member commission that the allegation of impropriety against him was “a slander”.

Counsel for Eusoff, Hazman Ahmad, adopted the submissions made by Lingam and Mahinder.

[More to follow]