Lingam Tape: All eyes on whether RCI's findings will be negated

Wong Choon Mei, Malaysia Chronicle

UPDATED, VIDEO All eyes will be on the Court of Appeal when it announces its decision on Tuesday whether to allow former Lord President Eusoff Chin, former Chief Justice Ahmad Fairuz Sheikh Abdul Halim and senior lawyer V K Lingam to challenge the findings of a 2007 Royal Commission of Inquiry that implicated them in a judge-fixing scandal.

A three-member Court of Appeal panel comprising Tengku Baharudin Shah Tengku Mahmud, Mohd Hishamuddin Mohd Yunus and Zaharah Ibrahim heard the arguments of all three men on Monday, saying they would announce their decision tomorrow.

There are now fears that the applicants, who are all very influential men, may be allowed to free themselves from the RCI's findings and be ultimately absolved of any wrongdoing. Of late, Malaysia's legal system has come under heavy fire for a perceived lack of integrity and transparency especially in key cases where top politicians of the day and those close to them have interests in.

"It is not impossible for such things to happen. It would only compound the perception that the Malaysian judiciary is not reliable and be another black mark for the nation," Batu MP Tian Chua told Malaysia Chronicle.

"Frankly, how to challenge, will the Appeals Court declare the RCI findings ridiculous? This is the problem with having a weak and corrupt government. Instead of taking action against people that a Royal Commission has found guilty, it is allowing them the luxury to run wild and smear the legal system even further."

No action yet against the 6 very influential men

Indeed, the scandal known as the Lingam Tape saga is one of the most momentous cases in Malaysia’s legal history. It involves former premier Mahathir Mohamad and created so much public disdain for the BN government’s endemic corruption it led to the rise of Opposition Leader Anwar Ibrahim’s Pakatan Rakyat.

An RCI was called to appease public fury after a video clip purportedly showing Lingam on the phone in the midst of brokering the judicial appointments hit cyberspace.

The RCI actually recommended the government take action against 6 people after scrutinizing the evidence brought before them. The men were Mahathir, tycoon Vincent Tan, Umno secretary-general Tengku Adnan Mansor, Lingam himself, Eusoff Chin and Ahmad Fairuz.

The Royal Commission also found sufficient evidence to investigate all 6 men for offenses under the Sedition Act, Official Secrets Act, the Penal Code and the Legal Profession Act 1976. But after much delay and despite huge public outcry, the government only opened 4 Investigation Papers. Even then, 3 of the 4 files have been closed due to what the government alleges is a lack of evidence, while the remaining case is in limbo.

Will Dr M, Vincent Tan, Tengku Adnan follow

On Monday, Lingam pitched to the courts once again that he was innocent and deserved a chance to clear his name through the court-system rather than be forced to accept the findings of the Royal Commission of Inquiry.

“I merely want to clear my name. 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,” Lingam, who represented himself, told the court as he submitted an 80-page application.

Counsel for Eusoff and Ahmad Fairuz similar application. Counsel for Ahmad Fairuz also told the court that the RCI findings were unfair as the public had already pre-judged his client even before the inquiry began.

“The whole country had no doubt although the video clip was not clear. Undoubtedly, bias was committed on behalf of commission as they had pre-judged the issue,” said Ahmad's counsel Mahinder Singh.

Lingam also pointed out that former judge Mahadev Shankar should have recused himself from the RCI’s 5-member panel after Eusoff told the inquiry that Mahadev’s medical expenses had been paid by Lingam on one occasion.

On Dec 12, 2008, then High Court ruled that the RCI's findings could not be challenged. Justice Abdul Kadir Musa refused to grant leave for Lingam, Eusoff, Ahmad Fairuz, Tan and Adnan to challenge the commission's findings.

Meanwhile, Mahathir, Vincent Tan and Tengku Adnan have not given any indication if they will follow Lingam and the others in seeking permission to challenge the RCI findings. But chances are they will if Lingam, Eusoff and Ahmad Fairuz succeed tomorrow.