Opposition Leader Lim Kit Siang has called for Ahmad Fairuz Sheikh Abdul Halim to be suspended following an explosive video showing a lawyer in a phone conversation with the chief justice on fixing the appointment of senior judges.

In a letter to Prime Minister Abdullah Ahmad Badawi today, Lim called for a tribunal to investigate the judicial misconduct highlighted by the grainy eight-minute video.

Yesterday, PKR de facto leader Anwar Ibrahim made public a video that showed senior lawyer VK Lingam telling Ahmad Fairuz that he would push his name forward for a top appointment.

The tape was made in 2002 when Ahmad Fairuz was then the Chief Judge of Malaya.

Lim said Ahmad Fairuz should be suspended under Article 125 of the Constitution, which allows the removal of a Federal Court judge in the case of an ethical breach.

The law also allows the king to appoint a tribunal, and on recommendation of the tribunal, to remove the judge from office.

"As the allegations of judicial misconduct are of very grave character affecting the perversion of justice, I also asked the prime minister [in the letter] to invoke Article 125," said Lim in a statement today.

Restore public confidence

"I said in my letter to Abdullah that with the appointment of an acting Chief Justice, concerted efforts must be made to restore public confidence in the independence, impartiality, professionalism and integrity of the judiciary," Lim said.

According to constitutional laws, such a judicial tribunal would consist of no less than five persons who hold or have held the office as judge of the Federal Court, the Court of Appeal or a High Court.

The king can also appoint senior judges from other parts of the British Commonwealth to the tribunal.

In addition to this, Lim called for the establishment of a judicial appointments and promotions commission to ensure transparency in the promotion of judges.

He also demanded a royal commission of inquiry to propose institutional reform for a more independent judiciary.

Backing the call is Lim's colleague, DAP legislator M Kulasegaran who said "it is time to clean up and start all over again."

"We cannot sweep this major scandal under the carpet and still claim we have a viable judiciary," said Kulasegaran in a statement today.

"This cancer in our judiciary must be investigated and cleaned up. This is the only way the people can once again begin to have confidence and trust in our judges and the justice system," said the Ipoh Timur MP.

"It is clear from the eight-minute video tape that our judiciary has been compromised for many years and completely made subservient to powerful individuals," he added.

Resign, Ahmad Fairuz told

Meanwhile, human rights watchgroup Suaram described the revelation of judge fixing in the video as "abuse of power in the highest order."

Suaram called for Ahmad Fairuz to resign with immediate effect.

"With apparent consent from the executive, [the fixing of judges] ranks as the most scandalous and shameful episode in the history of Malaysian judiciary," it said in a statement today.

Suaram said the independence of the judiciary has never recovered since the sacking of former Lord President Salleh Abas (photo) in 1988 during the administration of the then premier Dr Mahathir Mohamad.

"Today affirms learned opinions of jurists, local and international, that in cases of the interest of the government is at stake, the executive is in firm control.

"Our country cannot afford to have this matter to be swept under the carpet. We have been lackadaisical on many disturbing issues," said Suaram.

Yesterday, the 12,000-strong Bar Council has described the video as "shocking and disturbing". The council has called an emergency meeting tomorrow to discuss the matter.


Background to the Lingam tape

The grainy eight-minute video footage was taken in 2002 at senior lawyer VK Lingam's Kelana Jaya house. At that time, Mohamed Dzaiddin Abdullah was chief justice. Appointed in 2000, he was seen as a fresh break from his two previous predecessors - Mohd Eusoff Chin (1994-2000) and Abdul Hamid Omar (1988-1994).

Dzaiddin was to retire in 2003, and the video showed Lingam expressing concerned that the outgoing CJ was moving his 'men' into top judiciary posts. The conversation revolved around the urgent need to get Ahmad Fairuz Sheikh Abdul Halim, then chief judge of Malaya - the judiciary's No 3 - appointed as Court of Appeal president (No 2) and then chief justice (No 1). There was also the plan to get former attorney-general Mokhtar Abdullah, who was then a Federal Court judge, to replace Ahmad Fairuz as No 3.

To do that, Lingam had roped in tycoon Vincent Tan, a close crony of then prime minister Dr Mahathir Mohamad, and Tengku Adnan Tengku Mansor, a key minister in PM's Department. They were to talk to Mahathir on the appointment of judges.

Postscript

Ahmad Fairuz was appointed Court of Appeal president in December 2002 - months after the telephone conversation. Dzaiddin stepped down as CJ in 2003 and he was replaced by Ahmad Fairuz. Mokhtar, however, could not take the No 3 post as he was in coma after suffering from a fall in August 2002. He died in 2003. Ahmad Fairuz' term as CJ will end in October 2007.