In a dramatic turn of events, Prime Minister Abdullah Ahmad Badawi today said that a royal commission of inquiry on the controversial VK Lingam video clip will soon be established.

Abdullah said the cabinet would iron out the details, such as the terms of reference and possible members of the commission, at its weekly meeting next Wednesday.

"At this time, we need to determine what the scope of the commission will be. We also need to decide on its terms of reference."

He added that the members of the royal commission would only be decided after the terms of reference have been finalised.

Abdullah said the three ministers tasked to study the legal aspects of the report submitted by an independent panel - established to verify the authenticity of the video clip - would be giving their views at the next cabinet meeting.

The prime minister was asked about the matter by reporters after a meeting with Uruguay president Dr Tabare Vazquez Rosas at a hotel in Kuala Lumpur this afternoon.

Abdullah revealed that the government had decided a royal commission was appropriate based on the findings of the three-member panel (left) it had appointed to investigate the affair.

"Didn't we say before that we would look at the panel report first? We've seen it and we feel it is necessary that we establish (the commission)," he said.

Previously, the government had been criticised for its apparent reluctance to conduct a proper probe on the video.

Two months after tape made public

The decision to set up a royal commission came almost two months after the explosive eight-minute tape was made public.

The video has caused an uproar in the legal fraternity and has cast doubts over the judiciary's independence.

The video, first released by PKR de facto leader Anwar Ibrahim on Sept 19, allegedly depicts prominent lawyer VK Lingam in a conversation brokering judicial appointments with then Chief Justice of Malaya Abdul Fairuz Sheikh Abdul Halim, who later rose to become chief justice - the nation's highest judicial post.

Ahmad Fairuz's tenure as chief justice expired last month and his service was not extended.

Lawyers held a rare protest in September after dismissing an initial probe as inadequate and the Bar Council hailed the latest decision as a victory.

"It's a good step and this is what we have been asking for," Bar Council vice-president Ragunath Kesavan told AFP.

He said he hoped the commission would be given a wide scope for their investigation so they could learn about the problems facing the judiciary and propose changes.

Be mindful of three issues

Meanwhile, Opposition Leader Lim Kit Siang has suggested that the royal commission be headed by scholar prince Dr Raja Nazrain Shah, the regent of Perak.

However, Lim added that the ideal candidate would be Raja Nazrain's father, Sultan Azlan Shah, who was lord president "during the golden era of the Malaysian judiciary a quarter of a century ago".

The veteran opposition politican said in a press statement today that Abdullah should be mindful of three issues in forming the royal commission:

  • Full and proper consultation with relevant personalities and organisations on the royal commission.

  • Full and untrammeled powers for the commission to investigate into every aspect of the Lingam tape revelations and the restoration of confidence in the independence and integrity of the judiciary.

  • The appointment of suitable and qualified commissioners.

"Abdullah will defeat the whole purpose of a royal commission of inquiry if its establishment is the subject of another debilitating and divisive public controversy, either because of its restricted terms of reference or composition," he said.

According to Lim, the commissioners should come from a representative cross-section of the society including former members of the judiciary, such as former chief justice Mohamed Dzaiddin Abdullah, former Court of Appeal judges Shaik Daud Ismail and NH Chan, and former High Court judge Visu Sinadurai.

Lim added that those who should not be on the list are three former chief justices Ahmad Fairuz, Eusuff Chin and Hamid Omar - "because of their controversial past which should be among the subjects of the inquiry".


SPECIAL REPORT: The Lingam tape