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The photograph shows the Chief Justice of Malaysia, Tun Eusoffe Chin, and his wife, with a prominent local, lawyer Datuk VK Lingam, and wife. The photo appears to have been taken somewhere in New Zealand, where both couples appeared to be on holiday. Also included is a picture of Lingam with Attorney General Mohtar Abdullah and Vincent Tan taken in Italy with classical building in background.
The photograph has been the cause of much debate within legal circles in Malaysia, as to the independence of the judiciary . The debate has arisen as a result of Lingam's involvement in a number of high profile cases of defamation where Chin was the presiding judge.
Lingam shot to prominence when in the landmark case of Vincent Tan v MGG Pillai & others,in 1994, he persuaded the courts headed by Chin, to award damages without any proof of loss to the claimant. He also convinced the courts that the claimant could nominate the amount sought in damages, even if the claim was one for general and not specific damages.Subsequently,he won for Vincent a total of RM 10 million in damages, a record far in excess of the RM 250,000 paid to former Singapore PM Lee Kuan Yew, in his case against the Star. That decision gave rise to a spate of actions in defamation, brought by Lingam, where the plaintiffs had merely to assert loss and claim multi-million dollar settlements.
Chin seemed to be encouraging these actions when he publicly said that the courts would not limit the amount that could be claimed. “The higher the status of the person defamed, the higher the amount he may seek in damages”, he said, in a newspaper report in 1996.
MGG Pillai & others did appeal the judgement against them to the Federal Court. The three man bench , headed by Chin, have yet to make a decision. However, at the hearing Chin was asked to step down for reason of his relationship with Lingam who was again acting for Tan. He refused, giving rise to further questions among the legal fraternity as to his independence.
The questions of Chin's lack of independence had already been circulating, as a result of Lingam's seeming success as a barrister; he has never lost a case. In a number of these cases, Chin sat in judgement.
Being chief justice, Chin has undoubted influence over his brother judges. Not suprising then that his familliarity with Lingam has given rise to questions as to whether Lingam receives preffered treatment in the courts to the detriment of parties opposing him.
On the horizon is the suite of cases for defamation where Lingam himself , together with his clients, including Tan, are suing the partners of Kuala Lumpur law firm Skrine & Co, Euromoney Publications, and a couple of journalists,and the UN Human Rights Rappatouer in Malaysia, collectively for a sum of RM 700 million.
The action is being brought for statements published in Euromoney's International Commercial Litigation magazine,on the independence of Malaysia's judiciary, in its November 1995 issue. Lingam apparently sees it as his duty to defend the honour of his judges.
From http://www.malaysia.net/special/
Seachange Note: Lingam has also been accused of writing the judgement for a High Court judge in one case.