Mahathir among those fixing judicial appointments, inquiry finds

0 Comments | Asian Political News, May 19, 2008

KUALA LUMPUR, May 16 Kyodo

An inquiry report released Friday found several prominent personalities, including former Malaysian Prime Minister Mahathir Mohamad, were involved in an ''insidious movement'' to fix the appointment of judges.

The 191-page report by a royal commission investigating a scandalous video that opposition and rights groups say is proof of political interference in the selection of judges, confirmed the authenticity of the video that was shot in December 2001, during Mahathir's administration.

''We are of the view that there was, conceivably, an insidious movement by Datuk V.K. Lingam with the covert assistance of his close friends, Tan Sri Vincent Tan and Datuk Seri Tengku Adnan, to involve themselves actively in the appointment of judges, in particular, the appointment of Tun Ahmad Fairuz as the Chief Judge Malaya and subsequently as President Court of Appeal. In the process, Tun Dr. Mahathir Mohamad was also entangled,'' the report said.

Lingam is a prominent lawyer who has handled several cases for Mahathir.

Tan is a business tycoon and Adnan was formerly a Cabinet minister.

Fairuz, who went on to become the chief justice, retired last November, at the height of the video scandal.

The video was made public September last year by Mahathir's deputy-turned-opposition leader Anwar Ibrahim. It shows Lingam bragging on his mobile phone that he could help the person on the other end, whom the inquiry confirmed as Ahmad Fairuz, get a promotion.

The conversation also alluded to judges fixing high-profile cases to curry favor with the political establishment.

The findings are yet another blow to a judiciary already suffering from a negative image for its lack of efficiency and tendency to political manipulation.

After much pressure from the opposition and Bar Council, the government finally agreed to set up a royal commission to investigate the video.

The five-member commission, mostly former judges, completed their inquiry Feb. 15.

Mahathir, who was one of 21 witnesses called to testify, denied knowing Lingam then.

He claimed he only recently knew the lawyer he engaged to fight a defamation suit filed by Anwar.

He also denied being influenced by people mentioned in the video to help promote Fairuz.

Lingam, Tan and Adnan also denied any wrongdoing.

The commissioners, however, believe otherwise and in their report recommended that actions be taken against those involved, including charges of sedition, corruption, breaching the Legal Profession Act and the Official Secrets Act among others.

Law Minister Zaid Ibrahim told reporters the Cabinet in their weekly meeting Friday had instructed the attorney general to ''institute immediate investigation on all allegations level against'' Mahathir, Lingam, Tan, Adnan, Fairuz and Eusoffe Chin, another former Chief Justice whose name was also mentioned by Lingam in the video.

Chin stirred up controversy over his cozy relationship with Lingam after photographs of them vacationing together overseas began circulating on the Internet several years ago.

''It is sufficient for us to state that here the collective and cumulative actions of the main characters concerned had the effect of seriously undermining and eroding the independence and integrity of the judiciary as a whole,'' the royal commission said in their report.

Prime Minister Abdullah Ahmad Badawi, who took over from Mahathir in 2003, has recently begun to seriously overhaul the judiciary, especially the process of selecting judges that the royal commission said is currently ''open to interference and manipulation by the Executive and other intrinsic forces, including private citizens.''

Last month, he announced the setting up of an independent judicial appointments commission to ''identify and recommend candidates'' to the prime minister.

At present, judges are appointed by the king based upon recommendation of the prime minister after consulting the chief justice.

But as the video has proven, even the chief justice's advice was sometimes ignored, according to the royal commission.

Zaid said the government is committed to judicial reform.

''We are serious about restoring rules of law, gaining confidence back in the judiciary, making sure the selection of judges is transparent so to minimize the shortcomings and weaknesses of the past,'' he said.