Karpal ask Nazri to ask AG to give him written permission to prosecute Lingam
DAP advisor Karpal Singh is willing to volunteer his services to prosecute the controversial figure in the 'Lingam' video clip, Datuk V. K. Lingam, if Attorney-General (AG) Tan Sri Abdul Gani Patail grants him the authority to act.
"I call upon Minister in the Prime Minister's Department Datuk Seri Mohamed Nazri Aziz to advise the AG to issue the 'fiat' to me for the purpose of prosecuting Lingam," he told a news conference at the parliament lobby here Wednesday.
(Fiat is a short order or warrant of a judge or magistrate directing some act to be done)
Yesterday, Mohamed Nazri said the Prime Minister's Department was looking for volunteers to prosecute the controversial lawyer for allegedly brokering the appointment of judges in a video clip.
He had said he would speak to the AG if someone was willing to prosecute Lingam, saying that Karpal Singh could also do so.
Karpal said: "I accept the challenge. I am prepared to prosecute V. K. Lingam for the offence under Section 4 of the Sedition Act. What he said (in the video) creates seditious tendency.
"In other words, it comes under Section 3(1c) of the Sedition Act which defines seditious tendency as tendency to bring into contempt or hatred of justice in the country, which carries the maximum penalty of RM5,000 or three years' imprisonment or both."
He said that in England, it was common for the Queen's Counsel or private law practitioners to prosecute, if the government allowed them to do so.
Karpal said, under Section 5 of the same act, "no person shall be prosecuted for an offence under section 4 without the written consent of the Public Prosecutor".
"If the AG agrees...I can't see reason why Nazri should not, in the light of the minister's statement in the parliament lobby yesterday, issue his written consent," he reasoned.
Karpal take up Nazri Challenge to persecute Lingam.
He urged the Attorney-General to authorise him to act for the Government over the issue involving a 2007 videotape showing senior lawyer Lingam apparently making deals over the appointment of judges, adding that he would do so at no charge.
On Tuesday, Minister in the Prime Minister’s Department Datuk Seri Nazri Aziz said his office was looking for volunteers to prosecute Lingam.
“Find anyone who can provide me a section in law to charge Lingam and we will do it. I will speak to the Attorney-General if someone is willing to prosecute him. Karpal Singh can also prosecute Lingam,” Nazri had said.
Nazri noted that this would not be the first time the Government had allowed someone outside the Attorney-General’s Chambers to act for it, citing as an example lawyer Tan Hock Chuan who is handling the inquest into the death of political aide Teoh Beng Hock.
Karpal said he would charge Lingam under Section 4 of the Sedition Act, which carried a maximum penalty of RM5,000 or three years’ imprisonment or both.
“Datuk Seri Nazri Aziz has issued a challenge to the legal profession to take up the V.K. Lingam case. He singled me out and I accept the challenge,” Karpal told reporters at the Parliament lobby on Wednesday.
Karpal called on Nazri to advise the Attorney-General to issue a “fiat” or written consent, as required under Section 5 of the Sedition Act, to prosecute on behalf of the state.
”Of course I am not going to charge the state. This will be pro bono (free), for public interest,” he said.
Besides the fiat, Karpal said he required a file relating to the investigation into the video clip affair.
He would first apply for a warrant of arrest for Lingam, and then produce him in court for the purpose of recording a plea.
”Of course, I would advise him to plead guilty. To the plea of guilty, there is a paramount consideration when it comes to sentencing.
“He has the option to claim trial which I think he will and I am prepared to take him on. I am taking him on in public interest because he has brought shame to the country and to the legal profession in particular,” he said.
Nazri was quoted last week as saying that Lingam had not broken the law for allegedly lobbying for the appointment of judges and that there was no provision in the law to say that those caught doing so had committed an illegal act.
The Government set up a Royal Commission of Inquiry to investigate Lingam and others implicated in the video, including former Chief Justice Tun Eusoff Chin, Tun Ahmad Fairuz Sheikh Abdul Halim and tycoon Tan Sri Vincent Tan.
The Royal Commission found that wrongdoings had been committed and listed the laws that were breached, recommending further action against the individuals involved.
“The time has come for positive action to be taken. The V.K. Lingam saga has been dragging on for quite some time now,” Karpal said.
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Lawyer VK Lingam on the phone with Ahmad Fairuz. Among the names mentioned in the conversation are Tengku Adnan, Tun Mahathir, Vincent Tan...
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