Former Chief Judge of Malaya Tan Sri Haidar Mohd Noor, who chaired the three-man independent panel of inquiry into the infamous videoclip purportedly showing a leading lawyer brokering the appointment of judges, has been appointed chairman of the Royal Commission of Inquiry into the clip.The Yang di-Pertuan Agong has also consented to the appointment of retired Court of Appeal Judge Datuk Mahadev Shankar, who also served on the earlier panel.
The other members of the commission are former Chief Judge of Sabah and Sarawak Tan Sri Steve Shim Lip Kiong, former Solicitor-General Puan Sri Zaitun Zawiyah Puteh and Suhakam commissioner and Professor Emeritus Datuk Dr Khoo Kay Kim.
Serving as secretary is Datuk Abdullah Sani, the director-general of the Legal Affairs Division in the Prime Minister’s Department.
The commission has three months to complete its work.
The PM’s office said in a statement yesterday that the Cabinet had agreed on Dec 5 to present to the King for his consent, the names of the commission members, the terms of reference and the duration of the enquiry.
The King consented to the establishment of the commission with effect from yesterday.
The commission’s terms of reference are:
* To enquire and ascertain the authenticity of the videoclip;
* To enquire and identify the speaker, the person he was speaking to and the persons mentioned in the conversation;
* To enquire and ascertain the truth of the content of the conversation;
* To determine whether any act of misbehaviour has been committed by persons identified or mentioned in the clip; and
* To recommend appropriate action against those found to have committed any misbehaviour.
Noting that the commission was established under the Commissions of Enquiry Act, Haidar said that it could subpoena witnesses and take evidence under oath.
Dr Khoo said in an interview from Terengganu that the establishment of the commission showed the Government was serious about addressing the matter.
“I will do my best to see that everything is done correctly so the public will not be dissatisfied,” said the only non-lawyer on the panel.
“I have not seen anything; my knowledge on this is confined to newspaper reports,” he said when asked whether he had read the independent panel’s report since the commission’s first term of reference was also to inquire into the authenticity of the videoclip.
“We are lay people and we will need expert opinion to help us with the technology aspect of the inquiry,” said Dr Khoo.
On Nov 16, Prime Minister Datuk Seri Abdullah Ahmad Badawi announced that a Royal Commission would be established to inquire into the videoclip that was made public in September.
He said the decision to form the commission was based on the reports of the independent panel – comprising Haidar, Shankar and social activist Tan Sri Lee Lam Thye – which was set up to determine the authenticity of the videoclip.
