Lingam, two former judges win appeal

PUTRAJAYA: The Court of Appeal today allowed an appeal by senior lawyer VK Lingam and two former chief justices Ahmad Fairuz Sheikh Abdul Halim and Mohd Eusoff Chin to review the Royal Commission of Inquiry's findings over the controversial Lingam video clip.
In a 2-1 majority decision, the court held that the High Court had used the wrong test in dismissing the trio's leave application for a judicial review against the commission's findings.

Justices Tengku Baharudin Shah Tengku Mahmud, who led a three-member panel, and Zaharah Ibrahim allowed the appeal while Mohd Hishamudin Mohd Yunus dissented.

The case is now remitted to the High Court to hear the merit of the case.

Lingam, Ahmad Fairuz and Mohd Eusoff are appealing against the High Court's refusal of their applications for leave for a judicial review to challenge the findings.

On Dec 12, 2008, the High Court ruled that the commission's findings were not reviewable on grounds that they were not a pronouncement of a decision and thereby did not affect the rights of the individuals or their obligations.

The five-member panel of commissioners, in their report, had found the video clip showing Lingam in a telephone conversation with Ahmad Fairuz over judicial appointment to be authentic.

The commission had also recommended that appropriate course of action be taken against six individuals namely Lingam, Ahmad Fairuz, Mohd Eusoff, tycoon Vincent Tan, Umno secretary-general Tengku Adnan Tengku Mansor and former prime minister Dr Mahathir Mohamad for misconduct.

It found that there was sufficient evidence to investigate the six men for offences under the Sedition Act, Official Secrets Act, Penal Code and the Legal Profession Act 1976.

Except for Mahathir, the other five had filed for leave for a judicial review in an attempt to quash the inquiry's findings.

However, Vincent and Tengku Adnan withdrew their appeal early this year.

The commissioners -- chairman Haidar Mohd Noor, former chief judge of Sabah and Sarawak Amar Steve Shim Lip Kiong, retired Court of Appeal judge Mahadev Shankar, former solicitor-general Zaitun Zawiyah Puteh and Professor Emeritus Khoo Kay Kim -- sat for 17 days to inquire into the 14-minute video clip and concluded its work on Feb 15, 2008.

Lingam represented himself while lawyer Mahinder Singh Dulku appeared for Ahmad Fairuz, Hazman Ahmad for Mohd Eusoff and senior federal counsel Azizah Nawawi for the commission.

- Bernama