Tuesday January 22, 2008
Lawyer: Don’t bring NZ holiday into the picture
KUALA LUMPUR: Evidence regarding a New Zealand holiday involving former chief justice Tun Eusoff Chin and Datuk V.K. Lingam is irrelevant, said R. Thayalan, counsel for Lingam.
Thayalan told the Royal Commission of Inquiry that evidence relating to the trip in December 1994 was irrelevant to the inquiry and did not fall within the commission’s terms of reference.
Thayalan said the commission was set up to look into matters regarding a video clip on the appointment of judges and the commission should not go beyond its terms of reference.
He added that if the commission allowed the questioning of the trip, then it would also have to look into any misbehaviour of all those named in the video, including former Yang di-Pertuan Agong (Tuanku Syed Sirajuddin Syed Putra Jamalullail).
“The argument advanced is that the evidence relating to the New Zealand trip and the photographs taken are to show the ‘closeness’ of Lingam with Eusoff.
“We respectfully submit that the issue of ‘closeness’ will not in any way help this commission of inquiry establish the authenticity of the video clip, or identify the speaker and the person speaking in the video clip, or ascertain the truth of the contents of the telephone conversation with regard to the appointment of judges,” Thayalan said while reading from a 13-page submission.
He said the case of the trip was heard in the Federal Court and the Anti-Corruption Agency (ACA) had also investigated the trip in 1998 and closed the case.
He then accused the Bar Council of having its own agenda for raising an issue that had been closed by the ACA.
He also objected to (Lingam's brother) V. Thirunama Karasu’s evidence relating to events that allegedly took place in 1995 and 1996, as he said it was irrelevant to the appointment of judges.
Eusoff was also grilled by the Malaysian Bar on Friday about the same New Zealand trip before the proceedings were halted by the commission to allow him to engage a counsel.
On the same day, the Bar also tendered a photograph of the former chief justice, Lingam and their spouses taken during the holiday.
Yesterday, Robert Lazar, representing the Bar, rebutted that the closeness of the two had to be established in order to identify the speaker in the video.
“The identity of the speaker becomes an issue. The witness (Lingam) is not prepared to say that it’s him.
“If we establish the closeness, would it not go on to establish the identity of the speaker in the video clip?” he said.
The commission adjourned to today to allow Lazar and any other parties to continue their submissions.
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