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malaysiakini.com: Empower royal panel with ‘widest terms of reference’: the ‘rot’ in Malaysian judiciary (where Shell is suing Dr John Huong)

Malaysia Law

Fauwaz Abdul Aziz
Nov 18, 07 7:53pm
 
The royal commission of inquiry into the controversial VK Lingam video clip should be given the widest terms of reference to address the rot in the judiciary, said Malaysian Democratic Party secretary-general Wee Choo Keong.

Seeking to pre-empt the possibility that the commission will be given only limited scope, Wee said the inquiry should probe into events as far back as 1988.

He was referring to the year then premier Dr Mahathir Mohamad had the lord president, Salleh Abas (left), tried and sacked by a special tribunal for, among others, questioning constitutional amendments that had severely eroded the powers of the judiciary.

Two of five Supreme Court judges – George Seah and the late Wan Sulaiman Pawanteh – were sacked along with Salleh for having ruled that the tribunal was convened unconstitutionally.

Many have described the dismissal as the judiciary’s darkest hours.

“We must recognise and accept that the problems in the judiciary began after the dismissal of Tun Salleh Abas – the sixth lord president – and the other two Supreme Court judges…” said Wee, who is a trained lawyer.

Wee was speaking at a press conference at MDP’s Petaling Jaya office held today to disclose a police report filed by Thirunama Karasu Kandar Veluppillai – the brother of senior lawyer VK Lingam – alleging a litany of judicial corruption by Lingam and top judges.

Wee also questioned why the police appeared to have done little despite Thirunama’s allegations were made six months before the ‘Lingam tape’ emerged in public.

In the eight-minute video clip exposed by ex-deputy premier Anwar Ibrahim on Sept 19, Lingam is shown in a phone conversation – purportedly with recently retired Chief Justice Ahmad Fairuz Sheikh Abdul Halim – fixing the appointments of ‘friendly’ judges.

Two months after the scandal first broke, Prime Minister Abdullah Ahmad Badawi announced on Friday the setting up of a royal commission of inquiry to investigate the ‘Lingam tape’.

Abdullah said that the decision to establish the commission was based on the findings of the three-member panel – headed by former chief judge of Malaya Haidar Mohd Noor – appointed to determine the tape’s authenticity.

The terms of reference and possible members of the commission, however, would only be determined at the weekly cabinet’s meeting on Wednesday, said Abdullah.

Lauding the move to establish the commission, Wee urged the government to take heed of calls to restore the judiciary’s independence.

Give commission full powers

To do this, said Wee, the government must give the royal commission full powers to address all the issues and implications raised by the Lingam tape.

This includes the decision by Ahmad Fairuz to disqualify Wee as the winning candidate in the 1995 contest for the Bukit Bintang parliamentary seat in Kuala Lumpur.

Ahmad Fairuz, who was sitting as an election court judge following the 1995 general election, upheld an election petition contesting Wee’s victory under a DAP ticket.

Instead of calling for a by-election, Ahmad Fairuz in a controversial decision ruled that Wee’s opponent, Barisan Nasional candidate Dr Lee Chong Meng from MCA, be declared the winner.

Wee’s name was mentioned by Lingam in the clip – said to be recorded in 2002 – when Lingam was shown telling Ahmad Fairuz, “You have suffered… so much you have done, for the election, Wee Choo Keong, everything.”

Wee said Ahmad Fairuz’s decision was an affront to the basic democratic principle that a member of parliament must be elected by the people and not an election judge.

It was also contrary to the legal principle that under such circumstances, a by-election should have been ordered.

Wee said he himself was a “victim” of the judicial rot.

“Civil society demands a thorough investigation by the royal commission empowered with the widest possible terms of reference to investigate the root cause of the state of the judiciary with specific reference to the dismissal (of) Salleh… the subsequent promotions of judges, the said video clip, and the serious allegations in the police report by none other than the brother of Datuk VK Kanagalinam,” said Wee.
 
http://www.malaysiakini.com/news/74939

Related article: malaysiakini.co: More allegations of judicial graft emerge

Fauwaz Abdul Aziz

Nov 18, 07 7:12pm

VK Lingam’s estranged brother has made two police reports providing further allegations of judicial corruption and reveal inside information of the senior lawyer’s cozy relationship with top judges, some of whom have since retired.

• Midnight meetings with CJ
• Brother’s delivery boy

http://www.malaysiakini.com/news/74938

My notes
Please see below the attached Police Report 1 (16th March 2007) and Police Report 2 (19th March 2007) where you find
• Midnight meetings with CJ
• Brother’s delivery boy
• His life and that of family threatened
• Forced to make Statutory Declarations and to fake illness

These three themes are highlighted in yellow.  Please note that the Capital Letters in the original postings had been changed to small letters for ease of reading except the pronounce remained in capital text.  All others remain the same.
 
20070316  He Aint Heavy by Thirunama Karasu (First Police Report)
http://rockybru2.blogspot.com/2007/11/he-aint-heavy.html

PUBLISHED
Sunday, November 18, 2007
He Ain’t Heavy …
Rocky’s notes: The following is the content of Police Report [report no 2115/07] lodged on 16 March 2007 by Thirunama Karasu a/l Kandar Velupillai against Dato V. Kanagalingam. Mr Karasu claimed to be Dato VK Lingam’s brother. This report was the first of two reports lodged by Mr Karasu.
Pengadu menyatakan:-

Yesterday on 15.03.2007 at about 7.00 pm I saw a car MYVI green colour parked near my house at No xxx Jln ssxx/x Kelana Jaya Petaling Jaya. When I came out the car drove away speeding. I had no time to take down the vehicle’s No. Plate. Then on 07.03.2007 someone called up my house (03-xxxxxxxx), I answered but no one spoke and the person kept silence and hang up the phone. I believe someone is keeping an eye on me and now I have been followed. I believe there are my brother’s people and now I fear for my life and the safety of my family. This things are happening to me now because I wanted to lodge a police report at Bukit Aman on 06.03.2007 on all corruption cases of my brother Datuk V. Kanagalingam and all those who are involved. I also would like to lodge this report against my brother a lawyer who has his own firm V.K.Lingam & Co, who has treatened to harm me in 1996, 1997 and 1998. That all my report.

to comment or go back to Rocky’s Bru, click HERE.
Posted by Rocky’s Bru at 2:01 PM
 
20070319  He is my Brother by Thirunama Karasu ( Second Police Report)
http://rockybru2.blogspot.com/2007/11/hes-my-brother.html

PUBLISHED
Sunday, November 18, 2007
He’s My Brother ….
Rocky’s notes: The following is the content of Police Report [report no Kelana Jaya A/002187/07] lodged on 19 March 2007 by Thirunama Karasu a/l Kandar Velupillai against Dato V. Kanagalingam. Mr Karasu claimed to be Dato VK Lingam’s brother. This report was lodged with the Brickfields police station.

Pengadu menyatakan:

Further to my report dated 16 March 2007 kelana jaya Report Nomber 2115/07, I now wish to add further because the I.O Tuan Saiful in this case from Kelana Jaya refuse to take my statements in details and therefore I had to lodge this further report to set out details. I fear my life and the safety of my family because I wanted to lodge a police report at Bukit Aman on 6 March 2007 on all corruption cases of my brother Datuk V. Kanalingam and those involved in these corruption cases with my brother are as follows.

1)  I was used by my brother V. Kanagalingam to corrupt the former Chief Judge Tun Eusoff Chin, the former Attorney General Tan Sri Mohtar Abdullah, the former IGP Tan Sri Rahim Noor, the present Court of Appeal Judges Datuk Mohtar Sidin, the present court of Appeal Judge Dato Low Hop Bing and a former Judge Dato K.L Rekraj.

2)  In 1995 I witness my brother Dato V. Kanagalingam corrupting a former Industrialist Court Chairman Mr Satchi where I saw my brother handing over a cheque in the sum of RM 50,000.00.

3)  In 1995 I witness a dinner hosted by my brother Dato V. Kanagalingam at his house No 1 Jalan ss 7/24 Kelana Jaya 47301 PJ for the former Chief Judge Tun Eusoff Chin’s wife and children were present. Also present in this dinner were the former Court of Appeal President Tan Sri Lamin Yunus and his wife, my other brother Dato V. Sivapranjothi a lawyer, my brother V. Panjaratnam a engineer, Dato V. Kanagalingam’s bodyguard Encik Ramli and Budiman, and a malay security guard. my borther’s wife Datin Ghanajothy and children Sivasakti, Sivajothi were also present in this dinner. I was told by my brother Datuk V.Kanagalingam to come for this dinner because to clean up the house and garden, arrange the table and chairs prior to the dinner.

4)  In 1996 I delivered a new leather briefcase, a wallet, a lady’s leather hand beg, some documents were in the briefcase. I personally delivered this things to Tun Eusoff Chin in person in his house. I was told by my brother Dato V. Kanagalingam to deliver this things.

5)  I was told by my brother Dato V. Kanagalingam to go to Tun Eusoff Chin’s house with my other brother V. Panjaratnam to deliver 3 bowls of soup which was prepared by V. Panjaratnam’s wife Rebecca for Tun Eusoff Chin wife who was sick at that time. I and my brother V. Panjaratnam went there in a Proton Wira bearing No BDV 1862 belonging to Panjaratnam.

6)  I have also sent my brother Dato V. Kanagalingam using my car a Nissan Sunny 130Y bearing No Plate WBS 9443 to Tun Eusoff Chin’s house. I have also went with my brother Dato V. Kanagalingam a number of times using his car a BMW 988 a Merc 320 WED 5 a Honda car belonging to Datin Ghanajothy, a Volvo CAF 45, a old white Merz (8101) another BMW (WDN) a Proton Wira BDV 1862 belonging to V. Panjaratnam. the former driver Mr Chandran have also sent Dato V. Kanalingam to Eusoff Chin’s house. Whenever I sent my brother Dato V. Kanagalingam to Eusoff Chin’s house, he Dato V. K will be carring a very big bundle of files and when i go back to pick him up he will be carrying back a single file. I usually sent my brother Dato V. Kanagalingam at about 11.30 pm and pick him up at about 12.30 pm to 1.00 am.

7)  In 1996 cash was given to me by my brother Dato V. Kanagalingam to purchase handphone from Mutiara Telecommunications Sdn Bhd Lot 1 Level 1 Shahzan Prudential Tower at No 30 Jalan Sultan Simail KL for Tun Eusoff Chin. this phone was delivered to Tun Eusoff Chon’s house by a family friend Mr Francis Kok Chee Khoon.

8)  I have also in 1996 given a cash cehque by my other brother Dato V. Sivapranjothi a lawyer to purchase a handphone for former Judge K.L Rekraj. I delievered this handphone in person to Dato K.L Rekraj at his house. He Dato K.L Rekraj asked me for extra batteries. This phone was registered under Dato K.L Rekraj wife.

9)  A family friend Mr Francis Kok Chee Khoon have also take my brothers Dato V. Kanagalingam and Dato V. Sivapranjotho to Tun Eusoff Chin’s house.

10)   In 1996 I was told by my brother Dato V. Kanagalingam to sent a old heavy briefcase (a dark brown) to the present Court of Appeal Judge Dato Low Hop Bing. He Dato V. Kanagalingam told me taht Dato Low Hop Bing accidentally left the briefcase in the car bearing Number Plate CAF45 a Volvo. Mr Francis Kok Chee Khoon was present when I collected the briefcase in front of Dato V. Kanagalingam’s house.

11)  In 1996 I and Mr Francis Kok Chee Khoon was told by my brother Dato V. Kanagalingam to deliver 2 Nos handphone to the present Court of Appeal Judge Dato Mohtar Sidin at Jalan Gurney Kuala Lumpur. I and Mr Francis Kok Chee Khoon went there in a Volvo CAF45. I have also gone to Dato Mohthar Sidin’s house with my brother Dato V. Kanagalingam. I have also gone to Dato Mohtar Sidin’s house in Jalan Gurney using my motorbike bearing No Plate WAX 6191 a Yamaha to sent documents and also deliver a handphone.

12)  In 1996 cash was given to me by my brother Dato V. Kanagalingam to settle a handphone bill in the name of former IGP Tan Sri Rahim Noor. Sometimes the handphone bills of former IGP Tan Sri Rahim Noor is settle by my sister Chinmaya Devi who is employed with V.K Lingam & Co and sometimes by Mr Francis Kok Chee Khoon and also by a former colonel.

13)  In 1996 May I was at my brothers office at Shahzan tower with my brother Dato V. Kanagalingam and my sister Chinmaya Devi. All a sudden my uncle Mr. Perincuramasamy came rushing to inform my bother Dato V. Kanagalingam that the ACA is coming to my brother’s office to investigate corruption on Perwaja Steel.

Before the ACA can come to my brother office Dato V. Kanagalingam told me, Chinmaya Devi (my sister) and Francis Chee Koon to withdraw large sum of money from Oriental Bank Jalan Sultan Ismail under the account of Dato V. Kanagalingam. Dato V. Kanagalingam olso told me to take 5 Nos bank draft each amounting 60,000.00 Pounds.  I also was told by my brother Dato V. Kanagalingam to open a account under my name in Public Bank and bank in RM 275,000.00 which I di. Mr Francis Kok Chee Khoon also withdraw a largesum of moneywhich he put in the black big bag and later bank in into his account. my sister Chinmaya Devi also withdraw a large sum of money and followed Mr Francis Kok Chee Khoon. I did not know what my sister Chinmayadevi did with the money.

Later the five bank drafts of 60,000.00 Pounds each was bank in to the account of the following person in London. This people followed Dato V. Kanagalingam to London before going to USA Mayo clinic in Rochester Minnesota.

1) Mr K Suppiah 60,000.00 pounds was bank into his account in London

2) Datin Ghanajothi 60,000.00 pounds were bank into her account in London

3) Mr Rajendra Vellupillai 60,000.00 pounds was bank into his account in London

4) Thirunama Karasu Vellupillai 60,000.00 was put into my account in London

5) Dato V. Kanagalingam 60,000.00 pounds was put into his account in London

6) V. Kanakalashimi RM 100,000.00 given cash at No 28 Section 21/1 Sea Park PJ at her house.

14)  In 1998 my brother Dato V. Kanagalingam came to my house and took me in his Volvo (940) to Chinese restaurant in Sea Park Section 21/1. My sister V. Kanakalashmi also came to the restaurant. In this restaurant my brother Dato K. Kanagalingam threatened me not to tell the ACA about his dealing with the Judges, the former IGP Tan Sri Rahim Noor and also those involved. He told me that I make sure something will happen to me and that I have mentioned the Judges and former IGP. the police will arrest me and my children will be kidnapped by the judges. He threatened because I have given a full statement to a lawyer now known as Dato Safee Abdullah of Safee & Co in 1997 at his house together with Mr Sulaiman Abdullah a lawyer present. Further more in 1997 December I was forced to sign a Statutory Declaration which was prepared by my brother Dato V. Sivapranjothi and Dato V. Kanagalingam at a hotel Value Inn Kelang Selangor. Others who forced me sigh the Statutory Declaration were Mr Satci, sister V. Kanagalashmi, sister Chinmayadevi and brotherv. Panjaratnam.

In 1998 March my brother sent 3 lawyers Mr C. Vijayakumar, Dato Sithambaram, Dato Kumarendran who forced me into making a false statement and made me sign the statement on 81 pages. They then told me to get admitted for two years in Hospital Bahagia Ipoh. I refused. They then told me to put up a act that I am very depressed and mentally unstable and get admitted to University Hospital. They put fear into me during the 1998 ACA investigation. I told them that in 1998 the first statement and the third statement which I gave to the ACA in 1998 is true and the second statement is false.
 

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