Lingam disciplinary hearing to continue on Jan 21

The VK Lingam hearing before a Bar Council disciplinary committee on the video clip saga, which began on Monday, saw a prominent lawyer testifying before the three-member panel.

The hearing, which ended yesterday, will resume on Jan 21 with another six witnesses expected to testify.

The matter was confirmed to Malaysiakini by Bar Council secretary George Varughese (left), who was present at yesterday’s proceedings.

“Only one witness has testified since Monday and as it is a closed-door proceeding, all I can say is that the person is a prominent lawyer," he said.

“It will only resume on Jan 21. Another five to six witnesses are expected to testify."

Malaysiakini first reported about the hearing on Saturday.

During a Royal Commission of Inquiry (RCI) on the same matter earlier, among the lawyers who had testified was Wangsa Maju MP Wee Choo Keong.

Senior lawyer Muhammad Shafee Abdullah, who wanted to testify, was however not called by the RCI.

The 2007 video-clip highlights the controversial lawyer, who was recorded to have talked to former chief justice Ahmad Fairuz Sheikh Abdul Halim, allegedly brokering the appointment of judges. The Bar Council had filed the complaint in the same year.

Varughese said the disciplinary committee, which was set-up by the independent Advocates and Solicitors Disciplinary Board (ASDB), could only manage to sit now to hear the case.

“Lingam had raised various objections to two earlier disciplinary committee panel members to recuse themselves. This is the third disciplinary committee set up to hear the complaint,” he said.

“The delay is thus neither on the Bar Council’s part nor the ASDB’s.”

Nevertheless, the committee has now started instituting proceedings against Lingam, despite the government's decision not to take action against the controversial lawyer, after Minister in the
Prime Minister’s Department Mohd Nazri Abdul Aziz had said that Lingam had not broken any law.

'Lingam can defend himself'

The disciplinary proceedings and board action are seen by observers as a move to restore the reputation of the legal profession, which has taken a beating following the Lingam affair.

Lawyers found guilty by the board could face action that includes suspension for misconduct for a period not exceeding five years, a fine, a reprimand or censure, or being struck off the rolls under Section 94 of the Legal Professions Act.

Varughese said Lingam as a respondent in this case can present his argument to the committee to defend himself.

The video clip created a furore in Malaysia and led to the setting up of a five-member RCI which found the video to be authentic and recommended that action be taken against six individuals, including Lingam.

The other five named were former premier Dr Mahathir Mohamad, two former chief justices - Ahmad Fairuz Sheikh Abdul Halim and Eusoff Chin, tycoon Vincent Tan and present Umno secretary-general Tengku Adnan Tengku Mansor.

All but Mahathir had tried to challenge the findings of the RCI, but the High Court ruled that it could not be challenged as it was made by an independent commission.

Following this, Lingam, along with Ahmad Fairuz and Eusoff, appealled and were successful when the Court of Appeal ordered the case be reverted back to the High Court for hearing of its merits.

However, the Court of Appeal decision is being appealed by the Attorney-General’s Chambers, and the case is still pending before the Federal Court.