Ahmad Fairuz: Lingam tape a 'slander'
A former chief justice, who has been implicated in an alleged judicial corruption scandal, said today that the video at the centre of the inquiry was a "fabrication" and a slander.
A former chief justice, who has been implicated in an alleged judicial corruption scandal, said today that the video at the centre of the inquiry was a "fabrication" and a slander.
A royal commission is investigating the secretly filmed video which showed high-profile lawyer VK Lingam purportedly speaking to Ahmad Fairuz Sheikh Abdul Halim, who at the time held the nation's number-three legal position.
In the tape, released by former deputy premier Anwar Ibrahim last year, Lingam says he will push him for the nation's number-two legal post with the help of a businessman and a politician.
Ahmad Fairuz went on to be appointed to the post and was then quickly elevated to the top position of chief justice. He completed his term and stood down last year.
"I think it is a slander," he told the five-member panel in a packed courtroom.
"Two things crossed my mind," Ahmad Fairuz said of his initial reaction on viewing the video, believed to have been filmed in December 2001.
"One, it was a fabrication and (two) that the person talking was trying to impress somebody," he said.
The 13th witness
Ahmad Fairuz, who was cross-examined for nearly 90 minutes by his counsel Salehudin Saidin and deputy public prosecutor Azmi Ariffin, denied ever discussing or seeking Lingam's help to confirm his appointments as Court of Appeals president and as chief justice.
He also denied meeting former prime minister Dr Mahathir Mohamad, business tycoon Vincent Tan, the then deputy minister Tengku Adnan Tengku Mansor for that purpose, as alleged by the secretly-filmed video clip.
Ahmad Fairuz, 66, testified that he only knew Lingam in his capacity as a lawyer and had met Tan and Tengku Adnan only at official functions. Ahmad Fairuz was the 13th witness to testify at the commission.
When questioned by Azmi, Ahmad Fairuz said that he had only seen the first 8-minutes of the video clip on the same day it was released in September 2007 after his secretary alerted him to it.
When asked if he knew the person featured in the video was Lingam, Ahmad Fairuz answered, "I could not positively identify the person. My relationship with VK Lingam was as a lawyer."
He added that the video which he watched on his secretary's computer was unclear as the video streaming was frequently interrupted.
Ahmad Fairuz also said that his secretary provided him with two Malaysiakini news reports on the issue: Video links CJ to 'judicial fixing' scandal and a transcript of the video .
Ahmad Fairuz said that he had dismissed the video clip as slander and fabrication.
Salehudin: When you saw these documents and the video clip, what was your reaction?
Ahmad Fairuz: I was of the opinion that it was fitnah (slander). Two things crossed my mind. Firstly, it may be fabrication. Secondly, the person speaking may have wanted to impress those present when the video was being recorded.
Letter to PM
He told the inquiry that he had written to the Prime Minister Abdullah Ahmad Badawi to "explain and state (his) views" on the allegations made in the explosive video clip and attached the Malaysiakini news report and transcript.
The same letter and attachments were also forwarded to the deputy Prime Minister Najib Abdul Razak and Minister in the Prime Minister's Department Mohd Nazri Aziz.
Salehudin: Can you tell the inquiry why you chose to write to the prime minister, deputy prime minister and the minister in the prime minister's department?
Ahmad Fairuz: The prime minister, deputy prime minister and the minister in the prime minister's department are representatives of the executive. I head the judiciary so I need to tell the executive about the allegations against me and inform them of my stand.
Salehudin: ( referring to the letter ) In paragraph two, you wrote ‘I have never had such conversation with "VK Lingam". You said Lingam in inverted commas. Why?
Ahmad Fairuz: I was not sure who it was at the time.
Salehudin: Then did you hear anything that suggested it was VK Lingam?
Ahmad Fairuz: In the (news report) it said that it was VK Lingam.
Salehudin: You explained ‘I have never had such conversation with "VK Lingam". Can you please explain?
Ahmad Fairuz: It is all tomahan (allegations) that VK Lingam spoke to me about these matters and I say it is all untrue.
However, Ahmad Fairuz said he did not see it fit to lodge a police report or take legal action because he did not want to be seen as admitting to the allegations.
Salehudin: Tun, after you wrote those letters, did you think to make a police report or lodge a defamation suit against anyone?
Ahmad Fairuz: I did not think to make a police report because the news report mentioned that the party (PKR) will also lodge a report with the Anti-Corruption Agency and a complaint with the Bar Council. And secondly, newspaper reports did not refer to my name but only as "senior judge."
If I made a police report, it would be construed as an admittance that I was that senior judge. I am not interested in taking action because I was not sure who made those allegations against me and the ACA was investigating. I needed to be sure who made those defamatory allegations (before taking action).
Salehudin: Did you contact VK Lingam to voice your dissatisfaction about the video clip and transcript?
Ahmad Fairuz: No.
Salehudin: Why?
Ahmad Fairuz: (If I did) then more allegations will arise. I don't want to be seen as trying to persuade him to deny it. I was chief justice then. I have no reason to telephone him.
Eusoff my boss
When questioned by Salehudin, Ahmad Fairuz denied claims that he was loyal to Eusoff Chin.
"I do not know why he (Lingam) said that. Eusoff Chin is my boss. I respect him as my boss," he said.
Ahmad Fairuz is expected to continue testifying tomorrow.
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