Karpal: How I would prosecute Lingam

Veteran lawyer Karpal Singh has outlined the steps he would take if he obtains authorisation to prosecute fellow-lawyer VK Lingam for allegedly brokering the appointment of judges.

"The minister in the Prime Minister's Department and de facto minister of law has dared the legal profession to take up the Lingam's case...," Karpal said in the Parliament lobby today.

"He (Mohd Nazri Abdul Aziz) singled me out in fact and I accept the challenge."

"In fact I am prepared to prosecute Lingam for an offence under Section 4 of the Sedition Act. Quite clearly what is on the video clip, which has been shown nationally, and whatever he uttered amounts to a seditious tendency.

Section 3(1)(c) of the Act defines 'seditious tendency' as a tendency to bring the administration of justice into contempt or hatred.

"Even assuming Lingam is acting or trying to impress a client (in the footage), it still amounts to sedition."

Karpal (right), also the DAP national chairperson and Bukit Gelugor MP, said it is a common practice in England for Queen's Counsels to engage private practitioners to prosecute on their behalf.

"Likewise in this country, there is provision in law for the attorney-general (AG) to issue a certificate which is a fiat to prosecute someone," he said, urging that this be done soon to enable action.

"For prosecution under Section 5 of the Sedition Act, there is requirement and predisposition for consent to prosecute to be issued by the AG."

Karpal said he would then apply in court to arrest Lingam and to have him produced in court for the purpose of taking a plea from him.

"Of course I will advise him to plead guilty because a plea of guilt is a paramount consideration when it comes to sentencing (but) of course he has the option to claim trial, which I think he will."

Karpal said that, if found guilty Lingam would face a maximum fine of RM5,000 or up to three years in jail, or both.

'Government can direct AG'

Whatever the outcome, Karpal said he is prepared to take on Lingam in the public interest as the latter's actions have "brought shame to the country (in general) and to the legal profession in particular".

"The time has come for action to be taken... the Lingam saga has been going on for... more than a year (and) recommendations by the Royal Commission of Inquiry are being ignored by the government," said Karpal, who offered his service free of charge.

Asked if he expects the AG to give consent, he said: "There is no question of persuading the AG - the AG is adviser to the government, he is not above the government.

"The government can direct the adviser and this can be easily done. Of course it will better if the prosecutor himself prosecutes, but he has opted not to (do so)."
Last year, the royal panel had, based on evidence it recorded, recommended investigations against Lingam (left), former chief justices Eusoff Chin and Ahmad Fairuz, business tycoon Vincent Tan, and then deputy minister in the Prime Minister's Department Tengku Adnan Tengku Mansor, who was in charge of legal affairs.

In a recent written parliamentary reply to Lim Guan Eng (DAP-Bagan), however, the government said it had closed the file on the matter.

Nazri told the House that the probe did not reveal any criminal offence and that, while Lingam's action may have been morally wrong, there is no specific law against it.