KUALA LUMPUR: Tun Ahmad Fairuz Sheikh Abdul Halim had neither called nor given his telephone number to lawyer Datuk V.K. Lingam, tycoon Tan Sri Vincent Tan nor Tourism Minister Datuk Seri Tengku Adnan Tengku Mansor.
The former Chief Justice also told the Royal Commission of Inquiry he could not positively identify the person in the video clip as Lingam as he claimed that he did not know the lawyer that well.
Below are the excerpts of Ahmad Fairuz's 80-minute testimony as the 14th witness of the inquiry.
Leading officer DPP Datuk Azmi Ariffin: Throughout the time before and after you held the post of Chief Judge of Malaya, did you know a lawyer by the name of Datuk V.K. Lingam?
Ahmad Fairuz: Yes, I knew him.
Azmi: How would you describe your relationship with him?
Ahmad Fairuz: I only knew him as a lawyer.
Azmi: Do you know Tan Sri Vincent Tan?
Ahmad Fairuz: Yes, I do.
Azmi: How would you describe your relationship with him?
Ahmad Fairuz: I only meet him at official functions at the state and national levels.
Azmi: Do you know Datuk Seri Tengku Adnan Tengku Mansor?
Ahmad Fairuz: Yes.
Azmi: How would you describe your relationship with Datuk Seri Tengku Adnan?
Ahmad Fairuz: I only see him at official government events.
Azmi: Regarding this inquiry, which has a video clip as the subject matter, do you know of a clip allegedly showing a lawyer brokering the appointment of judges?
Ahmad Fairuz: My former secretary drew my attention to this video clip on her computer. It was shown to me but it was not clear and it kept “breaking”.
Azmi: After seeing it, do you have an idea who the person in the video clip is?
Ahmad Fairuz: I can't identify the person positively because my relationship with Datuk V.K. Lingam is only that of a lawyer (and a judge). So I can't identify him positively.
Azmi: Do you know the subject of the conversation in the video clip?
Ahmad Fairuz: Because the video clip kept breaking, I couldn't make out the content of the phone conversation.
Azmi: If I play the video clip, would you be able to remember?
Ahmad Fairuz: Yes.
The 14-minute video clip was then played.
Azmi: Can you identify the Indian man speaking on the phone who then speaks to a Chinese man after that?
Ahmad Fairuz: I can't positively identify him because I've only met him once or twice in court and at the Prime Minister's residence when I visited the Prime Minister's wife.
Azmi: Does the person's face and voice resemble Datuk V.K. Lingam?
Ahmad Fairuz: There are resemblances.
Azmi: According to a previous witness, this video was recorded on Dec 20, 2001. Did you call Datuk V.K. Lingam on Dec 20, 2001 to confirm your position as President of the Court of Appeal?
Ahmad Fairuz: No.
Azmi: Have you ever had a meeting with Datuk V.K. Lingam, Tan Sri Vincent Tan and Datuk Seri Tengku Adnan to secure your appointment as the President of the Court of Appeal and subsequently, as Chief Justice?
Ahmad Fairuz: Never.
Azmi: Have you ever sought the help of Datuk Seri Tengku Adnan and Tan Sri Vincent Tan through Datuk V.K. Lingam to confirm your position as the President of the Court of Appeal?
Ahmad Fairuz: Never.
Azmi: Had there ever been a plan or a pact between you, Datuk V.K. Lingam, Tan Sri Vincent Tan and Datuk Seri Tengku Adnan to ensure your appointment as President of the Court of Appeal and Chief Justice at any time?
Ahmad Fairuz: Never.
Azmi: (Referring to the portion of the transcript where the Indian man said he was speaking to the Chief Judge of Malaya “Datuk Ahmad Fairuz”) On Dec 20, 2001, you were the Chief Judge of Malaya?
Ahmad Fairuz: Yes.
Azmi: When the Indian man said “Ahmad Fairuz”, he was referring to you?
Ahmad Fairuz: At that time, Datuk Ahmad Fairuz was the Chief Judge of Malaya.
Azmi: When the Indian man said you were the next Chief Justice, were you subsequently appointed as the Chief Justice?
Ahmad Fairuz: Yes.
Azmi: (On the phrase “He is Eusoff Chin's man” from the transcript) In the context of this conversation, was the Indian man referring to “Datuk Ahmad Fairuz” when he said “he”?
Ahmad Fairuz: In this context, yes.
Azmi: (On the portion of the transcript where the Indian man said Dzaiddin's recommendation of Tan Sri Abdul Malek Ahmad as Chief Judge of Malaya was rejected because the latter was “anti-PM”) Do you know if Tun Dzaiddin ever made such a proposal?
Ahmad Fairuz: I didn't know.
Azmi: Was the statement made by the Indian man true in that you were appointed as the Chief Judge of Malaya after Tan Sri Abdul Malek was rejected because he was “anti-PM”?
Ahmad Fairuz: I don't know.
Azmi: (On the portion in the transcript where the Indian man said “Datuk Ahmad Fairuz” rang him to thank him following his appointment as Chief Judge of Malaya)
Have you ever called Datuk V.K. Lingam to thank him for his efforts in securing your position as stated in this context?
Ahmad Fairuz: Never.
After the leading officer finished his questions, the former Chief Justice's counsel Salehuddin Saidin started his examination.
Salehuddin: The first time you were shown the clip, did you see anything else?
Ahmad Fairuz: In the afternoon, my secretary gave me two documents from Malaysiakini – one was an article with the heading “Video Links Chief Justice To Judge-Fixing Scandal” and the other a “Transcript of V.K. Lingam's Conversation with Ahmad Fairuz.”
Salehuddin: When you saw all these, what was your reaction?
Ahmad Fairuz: I immediately thought that this was slander (fitnah). Two things crossed my mind – it might be fabrication or the person speaking in the video might be trying to impress some people when the video was recorded.
Salehuddin: Did you take any action after getting the articles?
Ahmad Fairuz: I read both of them over and over again.
The next day, I drafted a letter to the Prime Minister, Deputy Prime Minister and the Minister in the Prime Minister's Department (Datuk Seri Nazri Aziz) to explain my opinion and position on the video.
Salehuddin: What was your relationship like with Tun Eusoff Chin?
Ahmad Fairuz: He was my chief, I was a judge.
Salehuddin: (Referring to the portion of the transcript about a memo on the appointment of judges) Have you ever prepared a memo with the person said to be Datuk V.K. Lingam?
Ahmad Fairuz: Never.
Salehuddin: Do you know Wee Choo Keong?
Ahmad Fairuz: He is a lawyer and I've heard his case before in 1995, that's all. I've also seen him at official functions.
Salehuddin: When you were a High Court judge, you heard the election petition involving Wee in 1995?
Ahmad Fairuz: Yes.
Salehuddin: Who appointed you as the election judge?
Ahmad Fairuz: As far as I know, the Chief Judge of Malaya appointed election judges.
Salehuddin: Who was the Chief Judge of Malaya then?
Ahmad Fairuz: Tan Sri Anuar (Zainal Abidin) if I recall correctly.
Salehuddin: So Tan Sri Anuar appointed you to hear the petition?
Ahmad Fairuz: If I'm not mistaken, yes.
Salehuddin: (Referring to the transcript) Were you the man talking to the Indian man in the video at that time?
Ahmad Fairuz: No.
Salehuddin: So him claiming it was “Ahmad Fairuz” is not true?
Ahmad Fairuz: It's not true.
Salehuddin: Since you denied all the facts from the transcript, do you have any idea why this Indian man said to be Datuk V.K. Lingam implicated you as the person he was speaking to?
Ahmad Fairuz: I don't know. I don't know why he did such a thing.
The former Chief Justice also told the Royal Commission of Inquiry he could not positively identify the person in the video clip as Lingam as he claimed that he did not know the lawyer that well.
Below are the excerpts of Ahmad Fairuz's 80-minute testimony as the 14th witness of the inquiry.
Leading officer DPP Datuk Azmi Ariffin: Throughout the time before and after you held the post of Chief Judge of Malaya, did you know a lawyer by the name of Datuk V.K. Lingam?
Ahmad Fairuz: Yes, I knew him.
Azmi: How would you describe your relationship with him?
Ahmad Fairuz: I only knew him as a lawyer.
Azmi: Do you know Tan Sri Vincent Tan?
Ahmad Fairuz: Yes, I do.
Azmi: How would you describe your relationship with him?
Ahmad Fairuz: I only meet him at official functions at the state and national levels.
Azmi: Do you know Datuk Seri Tengku Adnan Tengku Mansor?
Ahmad Fairuz: Yes.
Azmi: How would you describe your relationship with Datuk Seri Tengku Adnan?
Ahmad Fairuz: I only see him at official government events.
Azmi: Regarding this inquiry, which has a video clip as the subject matter, do you know of a clip allegedly showing a lawyer brokering the appointment of judges?
Ahmad Fairuz: My former secretary drew my attention to this video clip on her computer. It was shown to me but it was not clear and it kept “breaking”.
Azmi: After seeing it, do you have an idea who the person in the video clip is?
Ahmad Fairuz: I can't identify the person positively because my relationship with Datuk V.K. Lingam is only that of a lawyer (and a judge). So I can't identify him positively.
Azmi: Do you know the subject of the conversation in the video clip?
Ahmad Fairuz: Because the video clip kept breaking, I couldn't make out the content of the phone conversation.
Azmi: If I play the video clip, would you be able to remember?
Ahmad Fairuz: Yes.
The 14-minute video clip was then played.
Azmi: Can you identify the Indian man speaking on the phone who then speaks to a Chinese man after that?
Ahmad Fairuz: I can't positively identify him because I've only met him once or twice in court and at the Prime Minister's residence when I visited the Prime Minister's wife.
Azmi: Does the person's face and voice resemble Datuk V.K. Lingam?
Ahmad Fairuz: There are resemblances.
Azmi: According to a previous witness, this video was recorded on Dec 20, 2001. Did you call Datuk V.K. Lingam on Dec 20, 2001 to confirm your position as President of the Court of Appeal?
Ahmad Fairuz: No.
Azmi: Have you ever had a meeting with Datuk V.K. Lingam, Tan Sri Vincent Tan and Datuk Seri Tengku Adnan to secure your appointment as the President of the Court of Appeal and subsequently, as Chief Justice?
Ahmad Fairuz: Never.
Azmi: Have you ever sought the help of Datuk Seri Tengku Adnan and Tan Sri Vincent Tan through Datuk V.K. Lingam to confirm your position as the President of the Court of Appeal?
Ahmad Fairuz: Never.
Azmi: Had there ever been a plan or a pact between you, Datuk V.K. Lingam, Tan Sri Vincent Tan and Datuk Seri Tengku Adnan to ensure your appointment as President of the Court of Appeal and Chief Justice at any time?
Ahmad Fairuz: Never.
Azmi: (Referring to the portion of the transcript where the Indian man said he was speaking to the Chief Judge of Malaya “Datuk Ahmad Fairuz”) On Dec 20, 2001, you were the Chief Judge of Malaya?
Ahmad Fairuz: Yes.
Azmi: When the Indian man said “Ahmad Fairuz”, he was referring to you?
Ahmad Fairuz: At that time, Datuk Ahmad Fairuz was the Chief Judge of Malaya.
Azmi: When the Indian man said you were the next Chief Justice, were you subsequently appointed as the Chief Justice?
Ahmad Fairuz: Yes.
Azmi: (On the phrase “He is Eusoff Chin's man” from the transcript) In the context of this conversation, was the Indian man referring to “Datuk Ahmad Fairuz” when he said “he”?
Ahmad Fairuz: In this context, yes.
Azmi: (On the portion of the transcript where the Indian man said Dzaiddin's recommendation of Tan Sri Abdul Malek Ahmad as Chief Judge of Malaya was rejected because the latter was “anti-PM”) Do you know if Tun Dzaiddin ever made such a proposal?
Ahmad Fairuz: I didn't know.
Azmi: Was the statement made by the Indian man true in that you were appointed as the Chief Judge of Malaya after Tan Sri Abdul Malek was rejected because he was “anti-PM”?
Ahmad Fairuz: I don't know.
Azmi: (On the portion in the transcript where the Indian man said “Datuk Ahmad Fairuz” rang him to thank him following his appointment as Chief Judge of Malaya)
Have you ever called Datuk V.K. Lingam to thank him for his efforts in securing your position as stated in this context?
Ahmad Fairuz: Never.
After the leading officer finished his questions, the former Chief Justice's counsel Salehuddin Saidin started his examination.
Salehuddin: The first time you were shown the clip, did you see anything else?
Ahmad Fairuz: In the afternoon, my secretary gave me two documents from Malaysiakini – one was an article with the heading “Video Links Chief Justice To Judge-Fixing Scandal” and the other a “Transcript of V.K. Lingam's Conversation with Ahmad Fairuz.”
Salehuddin: When you saw all these, what was your reaction?
Ahmad Fairuz: I immediately thought that this was slander (fitnah). Two things crossed my mind – it might be fabrication or the person speaking in the video might be trying to impress some people when the video was recorded.
Salehuddin: Did you take any action after getting the articles?
Ahmad Fairuz: I read both of them over and over again.
The next day, I drafted a letter to the Prime Minister, Deputy Prime Minister and the Minister in the Prime Minister's Department (Datuk Seri Nazri Aziz) to explain my opinion and position on the video.
Salehuddin: What was your relationship like with Tun Eusoff Chin?
Ahmad Fairuz: He was my chief, I was a judge.
Salehuddin: (Referring to the portion of the transcript about a memo on the appointment of judges) Have you ever prepared a memo with the person said to be Datuk V.K. Lingam?
Ahmad Fairuz: Never.
Salehuddin: Do you know Wee Choo Keong?
Ahmad Fairuz: He is a lawyer and I've heard his case before in 1995, that's all. I've also seen him at official functions.
Salehuddin: When you were a High Court judge, you heard the election petition involving Wee in 1995?
Ahmad Fairuz: Yes.
Salehuddin: Who appointed you as the election judge?
Ahmad Fairuz: As far as I know, the Chief Judge of Malaya appointed election judges.
Salehuddin: Who was the Chief Judge of Malaya then?
Ahmad Fairuz: Tan Sri Anuar (Zainal Abidin) if I recall correctly.
Salehuddin: So Tan Sri Anuar appointed you to hear the petition?
Ahmad Fairuz: If I'm not mistaken, yes.
Salehuddin: (Referring to the transcript) Were you the man talking to the Indian man in the video at that time?
Ahmad Fairuz: No.
Salehuddin: So him claiming it was “Ahmad Fairuz” is not true?
Ahmad Fairuz: It's not true.
Salehuddin: Since you denied all the facts from the transcript, do you have any idea why this Indian man said to be Datuk V.K. Lingam implicated you as the person he was speaking to?
Ahmad Fairuz: I don't know. I don't know why he did such a thing.
