From the statement by the Culture, Arts and Heritage Minister Datuk Seri Rais Yatim that the government was open to the possibility of setting up a royal commission on the “Lingam” videoclip, it is evident that there is a significant momentum which will make any failure to establish such a Royal Commission of Inquiry a direct, personal and major crisis of confidence for the Prime Minister, Datuk Seri Abdullah Ahmad Badawi.
Early this month, when I told Parliament that I had seen and vouched for the existence of the second part of the 14-minute Lingam Tape, before Datuk Seri Anwar Ibrahim released another 10 seconds of the six-minute portion which had been withheld from the public so far, there was no surprise, astonishment or demand from the government or Haidar Panel that I reveal the details or the source.
This could only mean that by that time, all those involved in authority knew that the Lingam Tape was genuine and that any attempt to deny or ignore it would be at their grave personal peril in terms of public credibility and integrity.
There should be no more further delay in the establishment of a Royal Commission of Inquiry into the Lingam Tape specifically and generally the independence and integrity of the judiciary, and the three issues which the Prime Minister, Datuk Seri Abdullah Ahmad Badawi should be mindful are:
- Full and proper consultation with relevant personalities and organizations on the Royal Commission of Inquiry;
- Full and untrammeled powers for the Royal Commission of Inquiry to investigate into every aspect of the Lingam Tape revelations and the restoration of confidence in the independence and integrity of the judiciary; and
- 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.
On its composition, there are clearly certain controversial personalities who should not be appointed as Commissioners or the whole process will become a farce.
In this category I will include three former Chief Justices — Tun Ahmad Fairuz, Tun Eusuffe Chin and Tun Hamid Omar because of their controversial past which should be among the subjects of the inquiry.
Another former Chief Justice, however, Tun Dzaiddin will be eminently suitable to be a member of the Commission.
Special thought must be given for the Chairman of the Royal Commission to restore confidence in the judiciary.
The Raja Muda of Perak, Raja Dr. Nazrain Shah will be a very good choice as Chairman of the Royal Commission of Inquiry to restore confidence in the independence and integrity of the judiciary, although the ideal candidate would be Sultan Azlan Shah especially as he was Lord President during the golden era of the Malaysian judiciary a quarter of a century ago.
The Commissioners should come from a representative cross-section including former members of the judiciary, like former Court of Appeal judges Datuk Shaikh Daud and Datuk N. H. Chan and former High Court judge and leading Malaysian jurist Datuk Seri Visu Sinadurai.