May date for challenge of 'Lingam-tape' findings
Senior lawyer VK Lingam and two former chief justices will begin challenging the findings of a royal panel’s findings on the ‘Lingam-tape’ issue, on May 16 next year.
Senior lawyer VK Lingam and two former chief justices will begin challenging the findings of a royal panel’s findings on the ‘Lingam-tape’ issue, on May 16 next year.
The date was fixed when the matter came up for case management today in the Kuala Lumpur High Court (Appellate and Special Powers division).
Deputy registrar Halilah Suboh, fixed the date and also other dates for the applicants to submit affidavits and the affidavit-in-reply.
Lingam represented himself, while lawyer Hazman Ahmad appeared for former Chief Justice Eusoff Chin today. The Royal Commission of Inquiry and the AG’s Chambers were represented Nadia Hanim Mohd Tajuddin.
However, the hearing may well depend on the success of an appeal filed by Attorney-General’s (AG) Chambers to the Federal Court.
On Aug 24, Lingam
, Eusoff and Ahmad Fairuz Sheikh Abdul Halim had
received
permission
from the Court of Appeal to challenge the commission's findings delivered in 2008.
Justice Tengku Baharudin Shah Tengku Mahmud and Justice Zaharah, allowed the appeal while Justice Mohd Hishamudin Mohd Yunus dissented.
On Sept 23,the AG had filed an application seeking leave at the Federal Court to appeal the Court of Appeal's decision.
Lingam told reporters today that the apex court has fixed Oct 5 for case management of this appeal.
Several lawyers including Karpal Singh have criticised the Court of Appeal's decision, on the basis that it is unprecedented to challenge a royal panel's findings.
‘Brokering of judicial appointments’
The royal panel had recommended that the authorities act against six persons following evidence that they were involved in brokering the appointment of senior judges.
They were Lingam, Eusoff, Ahmad Fairuz, former Minister in the Prime Minister's Department Tengku Adnan Tengku Mansor, tycoon Vincent Tan and former premier Dr Mahathir Mohamad.
All but Mahathir challenged the findings.
On Dec 12, 2008, then High Court (Special Powers and Appellate division) judge Abdul Kadir Musa ruled that the findings could not be challenged and refused leave for the merits of the application to be heard.
The five individuals then filed an appeal at the appellate court. However, Tengku Adnan and Tan have since withdrawn their appeal.


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