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Press Statement 
by Karpal Singh  
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(Kuala Lumpur, Thursday) : There is a serious contradiction in what Deputy Prime Minister, Datuk Seri Najib Razak, says with regard to calling of witnesses by the Special Independent Panel investigating the authenticity of the video clip allegedly detailing a conversation about judicial appointments. Deputy Prime Minister, Datuk Seri Najib Razak, says the panel is not supposed to call any witnesses. However, Datuk Mahadev Shankar has called for witnesses to come forward to assist the panel. There is, no doubt, that the panel on its own admission has no power to administer oaths; no power to compel witnesses to come forward; and no power to commit anybody for contempt. If that is so, what is the purpose of the panel? The panel is pregnant with impotence. It will be a waste of public funds to put the panel into motion. Datuk Mahadev Shankar says that the evidence which is required for witnesses must be reliable, relevant and admissible. I cannot understand how someone can give evidence without taking an oath. Further, Datuk Mahadev Shankar says, ‘we will use the Evidence Act 1950 (Act 56) as a guideline’. The use of the Evidence Act presupposes one must give evidence on oath; otherwise, the Evidence Act does not apply. To say that admissible evidence is required by the panel would mean the maker of the video clip must be called. Obviously, the maker of the video clip is the whistle blower who does not want to have his identity revealed. Does this mean the video clip which has been widely circulated will be ruled inadmissible by the panel? 

It is necessary that the panel be given powers akin to the powers of a Royal Commission of Inquiry. In fact, the panel should be converted into a Royal Commission of Inquiry to effectively carry out its terms of reference, namely, to decide upon the authenticity of the video clip. The panel should not wring its hands in exasperation saying it is powerless.  The panel needs powder and shot to effectively carry out its functions.

(4/10/2007)