How confidential letters is confidential?

How the highly confidential letters between former premier Dr Mahathir Mohamad and ex-Chief Justice Mohamed Dzaiddin Abdullah were known by the man in video clip? How confidential letters is confidential? The leak of the confidential letters relating to the judicial appointments at the Lingam tape inquiry is under the national spotlight.

The Royal Commission of Inquiry into the V.K. Lingam video clip was left wondering as to how the man in the clip knew “official secrets” privy only to the Prime Minister, Chief Justice and Chief Secretary to the Government.

A series of letters between former premier Dr Mahathir Mohamad and ex-Chief Justice Mohamed Dzaiddin Abdullah between October 2001 and January 2002 gave an insight as to how judges were appointed.

These highly confidential letters, which were declassified and released to the royal commission of inquiry into the Lingam tape, showed a glimpse of how Mahathir can decide who to appoint as a judge and who to discard.

In one such letter, Mahathir did not explain why he dropped two candidates for the High Court positions in 2001 despite the names being forwarded twice to him.

Former chief secretary to the government Samsudin Osman, who testified before the inquiry yesterday and was privy to the letters, had confirmed the letters and their contents.

The inquiry was told yesterday that in one letter dated Oct 2, 2001, Mohamed Dzaiddin had recommended five names to Mahathir to be appointed to the High Court.

The five were the then solicitor-general Heliliah Yusof, judicial commissioners Ramly Ali and Ahmad Maarop, and senior lawyers Andrew Chew and Zainudin Ismail.

However in a reply to Mohamed Dzaiddin on Dec 5, 2001, Mahathir had only agreed to the recommendations of Heliliah, Ramly and Ahmad. Mahathir’s recommendation consisted of Zakaria Sam, Su Geok Yam, Sulaiman Daud, Syed Ahmad Helmy Syed Ahmad and VT Singam.

Subsequently on Jan 11, 2002, the ex-CJ responded to Mahathir’s request by saying he agreed with the appointments of Sulaiman and Singam, after having discussed with the chief judges of Malaya and Sabah and Sarawak.

Mohamed Dzaiddin also thanked Mahathir for the latter’s consent on the appointments of Heliliah, Ramly and Ahmad but once again put forward the names of Chew and Zainudin.

“Since we have 12 vacancies of High Court judges, I humbly and respectfully appeal to Dato Seri (Mahathir) to reconsider my recommendation on Dec 5, 2001 for Chew and Zainudin to be appointed as High Court judges.

The ex-CJ explained to Mahathir that Zainudin’s legal experience included the latter’s 10 years of service at the legal and judicial services.

As for Chew, Mohamed Dzaiddin said the former has practised for 30 years and was very learned in laws.

“I am confident that their appointments will be an asset to the judiciary,” Mohamed Dzaiddin said in the two-page letter, adding that he attached the details of the duo’s biography to the letter.

He ended by saying that he wished Mahathir’s family always in healthy condition with the blessing from God.

Nevertheless, Mahathir again turned down the recommendation of the duo.

“The recommendation to appoint Chew and Zainudin as High Court judges was not agreed,” the ex-premier stated briefly in the letter without any further explanation. The list of candidates forwarded by Mohamed Dzaiddin to Mahathir is important as Lingam was caught talking about it to former Chief Justice Ahmad Fairuz Sheikh Abdul Halim - then chief judge of Malaya - in his telephone conversation, said to be recorded in December 2001.