Chief Justice Ahmad Fairuz Sheikh Abdul Halim has denied as being the person at the end of a telephone conversation with prominent lawyer VK Lingam to broker the appointment of judges.

This was revealed by Minister in the Prime Minister's Department Mohd Nazri Abdul Aziz last night, who said that Ahmad Fairuz had contacted him to issue the denial.

Nazri however did not state when Ahmad Fairuz called him to make the denial.

"The judge called me to deny that he was the one talking to the lawyer," Bernama quoted the de facto law minister as saying in Kuala Kangsar last night.

Ahmad Fairuz had previously told Malaysiakini that he had no comment on the matter.

Nazri also said that it was important now to establish the authenticity of the controversial video clip .

"(Based on the video clip) we only see one person talking... we don't know who was on the other end. He (the judge allegedly speaking to the lawyer) has denied," he said.

Police have started investigations to ascertain the authenticity of the video clip which was taken in 2002 before taking further action on the matter.

Nazri also questioned the motive of the people who exposed the clip as they have released it to the media first before handing it to the police and the Anti-Corruption Agency (ACA) to investigate.

"If they want to uphold justice or want to clean up the judiciary, the police and ACA can investigate. Why go to the media... the intention is questionable - for political (mileage) or for a clean judiciary," he said.

Bar wants inquiry

Nazri said legal action can be taken against people resorting to actions that could erode public confidence in the judiciary.

The eight-minute video featured Lingam discussing the appointment Ahmad Fairuz as the Court of Appeal president and later being elevated as the Chief Justice and the appointment of several other judges.

Although only Lingam could be seen talking in the video clip, the context of the conversation however indicated that the other person at the end of the conversation was Ahmad Fairuz.

Yesterday, the Bar Council, in an emergency meeting convened to discuss the video clip issue, called for a royal commission of inquiry to investigate the matter.

Prime Minister Abdullah Ahmad Badawi had said on Friday that he viewed the issue seriously and had asked the police to investigate it as soon as possible.

He said the video clip bore a story that could harm the good name of the judicial system.

"We cannot take this lightly and the matter must be addressed promptly," said Abdullah, who is also the internal security minister.

Related report: Kit Siang: It's Fairuz at the other end

Background to the Lingam tape

The grainy eight-minute video footage was taken in 2002 at senior lawyer VK Lingam's Kelana Jaya house. At that time, Mohamed Dzaiddin Abdullah was chief justice. Appointed in 2000, he was seen as a fresh break from his two previous predecessors - Mohd Eusoff Chin (1994-2000) and Abdul Hamid Omar (1988-1994).

Dzaiddin was to retire in 2003, and the video showed Lingam expressing concerned that the outgoing CJ was moving his 'men' into top judiciary posts. The conversation revolved around the urgent need to get Ahmad Fairuz Sheikh Abdul Halim, then chief judge of Malaya - the judiciary's No 3 - appointed as Court of Appeal president (No 2) and then chief justice (No 1). There was also the plan to get former attorney-general Mokhtar Abdullah, who was then a Federal Court judge, to replace Ahmad Fairuz as No 3.

To do that, Lingam had roped in tycoon Vincent Tan, a close crony of then prime minister Dr Mahathir Mohamad, and Tengku Adnan Tengku Mansor, a key minister in PM's Department. They were to talk to Mahathir on the appointment of judges.

Postscript

Ahmad Fairuz was appointed Court of Appeal president in December 2002 - months after the telephone conversation. Dzaiddin stepped down as CJ in 2003 and he was replaced by Ahmad Fairuz. Mokhtar, however, could not take the No 3 post as he was in coma after suffering from a fall in August 2002. He died in 2003. Ahmad Fairuz' term as CJ will end in October 2007.

Watch the 8-minute video here

Transcript of Lingam's conversation with Ahmad Fairuz