Judge appointments: Tycoon denies influencing Mahathir

Business tycoon Vincent Tan today told the royal commission today that he was in no position to influence former premier Dr Mahathir Mohamad on the appointment of judges.

He also said that it was a "real joke" to suggest that Mahathir consulted him on the appointment of judges as indicated in a controversial 14-minute video clip dubbed the Lingam tape.

"I wish I am so powerful... If I am so influential, I would have gotten many government projects but I didn’t," said the 55-year-old chairperson and founder of Berjaya Group.

To a question from Malaysian Bar’s counsel Yeo Yang Poh, Tan also rebutted Mahathir’s testimony earlier that the latter could have obtained views from him among others in choosing the candidates for judges appointment and elevation.

"I thank Tun Mahathir for his confidence in me but I want to say this here - no, I don’t remember him discussing or ever asking me about judges at all. No, definitely not about judges.

"He (Mahathir) said ‘maybe’. He might have forgotten (what happened)," Tan told the five-member commission probing the scandalous video-clip in his close to 90-minute testimony.

'You think I'm so stupid?'

Tan, who was called as the 17th witness, was combative in answering the questions put to him throughout the testimony.

Several times, he questioned the relevance of the questions put to him and even described them as "stupid".

He described the allegations against him as "ridiculous" when grilled on his alleged role - such as securing judges appointment and honorary titles for judges - as claimed in the clip.

"All this is not true and it’s ridiculous. You think I am so stupid (to the extent) that he (Lingam) can use me?" he said to deputy public prosecutor Azmi Ariffin.

In the video clip, Lingam was heard telling his listener that he, Tan and then deputy minister Tengku Adnan Mansor would be recommending to Mahathir who should be promoted to the higher ranks of the judiciary.

The context of the phone conversation indicated that the person at the other end of the line was the then chief judge of Malaya Ahmad Fairuz Sheikh Abdul Halim. However yesterday, Ahmad Fairuz, who retired as chief justice last November, denied this.

Questioned on his relationship with Mahathir, Tan admitted he enjoyed a "friendly" relationship with Mahathir after coming to know the ex-premier in the early 80s.

"He is an excellent, good and visionary man. He was very helpful (in) the little success I have today, he has given me guidance along the way. I am very grateful to him," he said.

"I don’t want to go around claiming that he is my good friend but I am very pleased he said I am his old friend," Tan added.

The tycoon also conceded knowing Tengku Adnan and Lingam, but described their relationship as a business associate and a lawyer consulting the Berjaya Group respectively.

Asked by Azmi whether he could recognise the person in the clip, he had those present in laughter by borrowing Lingam’s line and said the man "looks like and sounds like" Lingam.

However, after the 14-minute clip was showed to him at the inquiry, Tan said: "It looks more probably like him but I am not 100 percent sure."

Trying to impress

To questions from Malaysian Bar’s Yeo, Tan said he could not understand why Lingam mentioned his name several times in the clip except that Lingam was trying to impress somebody.

Yeo: Did he discuss about judges with you?

Tan: No, he doesn’t. But he did impress me with his researches and how hard he fought for our case in court. When he does our case, he told us he locked himself up in a hotel room for three days, he showed us bulks of documents. I believe he is diligent and I leave it to him (to handle the court case). I let other people in my company to deal with him.

Yeo: Are you satisfied with his service?

Tan: Yes, I am satisfied but I am quite disappointed (with Lingam) after viewing the clip.

Yeo: Why are you disappointed?

Tan: He was talking rubbish and bragging so much. He simply throws my names and scold me when we pay him so much legal fees (laughter in the courtroom). I don’t understand why he mentioned my name (unless) he wants to impress someone so much.

Yeo: But you continue this (lawyer-client) relationship with him after the clip?

Tan: We have to re-evaluate. He was making himself a fool in this (clip). We have to re-evaluate the relationship (but) I don’t want him to feel that we abandon him at this difficult situation for him. We try to be objective and compassionate in this.

Yeo: Why would Lingam just pick your name out of many people?

Tan: Maybe he feels that I am close to the (then) prime minister and it will be a credible to impress others. He maybe also believed the conversation will only be between him and the person he was talking to.

No need for defamation suit

He agreed that the remarks uttered in the clip had tarnished his reputation but said he sees no point in lodging a police report or filing a defamation suit.

"I have been in business for a long time, people throw names all the time, what is there to lodge a police report?" he said, adding that he did not issue a public denial immediately because he was waiting for a proper forum like the royal commission to address the issue.

On filing a defamation suit, Tan recounted his ‘bad’ experience in doing so over the years against a number of journalists especially the late MGG Pillai, of whom he claimed was "adamant" in making allegations against him (Tan).

He said he won about RM10 million from these defamation suits over the years but did not get a single sen in the end.

"So I said forget about it- lah , no need for defamation suit unless you are very sure the party that you sue can pay. I didn’t get a single sen from the RM10 million but I ended up paying RM1.5 million for legal fees.

"This is a terrible business deal," he said to chuckles from the courtroom.

On Tengku Adnan, Tan merely said since the former entered politics, he did not see him often and they only discussed about business.

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