Haidar refuses to disqualify himself

The chairperson of the inquiry into the Lingam tape Haidar Mohd Noor today refused to recuse himself from the proceedings despite a revelation that he was a relative to a key witness.

At the outset of today’s proceeding, PKR’s de facto leader Anwar Ibrahim applied for Haidar to be disqualified as he revealed Haidar was a ‘close relative’ to former chief justice Ahmad Fairuz Sheikh Abdul Halim.

Haidar’s sister was married to Ahmad Fairuz’s elder brother, who has since died. She has been remarried.

In turning down the application for him to recuse, Haidar said he “hardly had any contact” with Ahmad Fairuz.

“In my honest view, I was of the opinion that the relationship ended 30 years ago. I hardly had any contact with Ahmad Fairuz and his family other than when I was working together with him on the bench.

“In such circumstances, I don’t see any valid ground to recuse myself and the application is dismissed,” Haidar said after hearing submission from Anwar’s newly-appointed lawyer Karpal Singh.

Why didn’t you disclose?

In his application earlier, Karpal criticised Haidar for not disclosing his family ties with Ahmad Fairuz, labeling the non-disclosure as “unethical”.

Karpal: This could have been disclosed by the chairperson at the outset of the inquiry. It’s unethical for a judge not to disclose his relationship with an important witness. If you could confirm the facts...

Haidar: Yes, the facts are correct but their relationship ended 30 years ago.

Karpal: That makes no difference... the fact that there is a relationship.

Haidar: That relationship terminated 30 years ago. Where are the authorities (to support the application)?

As Karpal read out a few cases to support his argument, he pressed on to question Haidar.

Karpal: I wish to know why you didn’t disclose at the beginning. The public has the right to know. I am sure Mr Chairperson knows these case laws well...

Haidar: I am not aware of all the case laws.

Karpal: Why you didn’t disclose?

Haidar: I will hear your submission first.

Karpal: It was unethical...

Haidar: Let me look at it (the authorities).

Karpal, who is also the opposition DAP chairperson, then went on to cite few other case laws to support his argument that Haidar and Fairuz’s relationship was “sufficient to show real danger of a likelihood of bias”.

He also rebutted Haidar who said the relationship ended 30 years ago.

“You share a common niece, how can you say that it’s been terminated, how could it be? It can’t be,” said Karpal.

Matter raised before

Malaysian Bar counsel Robert Lazar said the legal profession body’s position was that Haidar should have disclosed the relationship, especially after lawyers representing NGOs Suaram and Hakam raised the matter in chambers with the commissioners.

On that occasion, such claims of conflict of interest against Haidar were dismissed in chambers.

“We wish to emphasise that it would have been far more prudent if this was disclosed at the outset of the proceedings,” said Lazar, although he added that the Bar was not sure on how close the duo were as a result of that relationship through marriage.

Ahmad Fairuz’s lawyer Kamarul Hisham Kamaruddin (photo) said the legality of the proceedings would not be compromised because of the relationship.

This is the second time Haidar has refused to disqualify himself from the proceedings.

On the first day of the commission’s sitting, Anwar had similarly applied for Haidar to disqualify himself on grounds of potential conflicts of interest.

Anwar had said that Haidar was a trustee at the Perdana Leadership Foundation which is headed by ex-premier Dr Mahathir Mohamad, who was also a witness at the inquiry.

Another witness, Mahathir’s close ally business tycoon Vincent Tan - whose name was mentioned several times in the video clip - is also a trustee in the same foundation.

Another point raised was Haidar’s involvement as judge in the Raphael Pura defamation case where corruption claims in judiciary were ruled to be irrelevant.