No Leave To Challenge Commission's Findings On Lingam Clip
Justice Datuk Abdul Kadir Musa accepted the preliminary objection raised by senior federal counsel Azizah Nawawi, for the commission, that the findings were not reviewable because they were not a decision in the context of Order 53 Rule 2(4) of the Rules of the High Court.
The five-member panel of commissioners, in their report, had found the video clip showing senior lawyer Datuk V.K.Lingam in a telephone conversation with former chief justice Tun Ahmad Fairuz Sheikh Abdul Halim over judicial appointment to be authentic.
The commission also recommended that appropriate course of action be taken against six individuals -- Lingam, tycoon Tan Sri Vincent Tan, Umno secretary-general Datuk Seri Tengku Adnan Tengku Mansor, former premier Tun Dr Mahathir Mohamad and two former chief justices Ahmad Fairuz and Tun Mohd Eusoff Chin -- for misconduct.
It found that there was sufficient evidence to investigate the six men for offences under the Sedition Act, Official Secrets Act, the Penal Code and the Legal Profession Act 1976.
Except for Dr Mahathir, the other five filed for leave for a judicial review in an attempt to quash the inquiry's finding.
The commissioners -- chairman Tan Sri Haidar Mohd Noor, former chief judge of Sabah and Sarawak Tan Sri Amar Steve Shim Lip Kiong, retired Court of Appeal judge Datuk Mahadev Shankar, former solicitor-general Puan Sri Zaitun Zawiyah Puteh and Professor Emeritus Tan Sri Dr Khoo Kay Kim -- sat for 17 days to inquire into the 14-minute video clip. (Bernama)