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From Malaysiakini

Video-clip man worries about his safety
K Kabilan & Steven Gan | Jan 12, 08 11:41pm

Businessman Loh Mui Fah, 58, today claimed that he was worried for his personal safety over his role in the Lingam tape scandal.

In an exclusive interview with Malaysiakini today, Loh admitted that his son, Jwo Burne, had recorded lawyer VK Lingam’s telephone conversation with former chief justice Ahmad Fairuz Sheikh Abdul Halim on the night of Dec 20, 2001.

Loh added he and his son had went to Lingam’s house for dinner and to consult him on some legal matters.

Explaining further the harassments he had faced since the grainy 14-minute video clip was made public by opposition party PKR last year, Loh said that officers from the Anti-Corruption Agency had been tailing him day and night.

ACA officers had once intercepted him while he was on his way to Singapore, and also visited his office and home simultaneously where they threatened to ‘take away’ Loh’s youngest son.

“I have also received threatening telephone calls... asking me to watch out and that they will finish me,” said the businessman, who was also coy on his business venture apart from saying that it involved IT and forestry.

Loh said that he had written to Prime Minister Abdullah Ahmad Badawi on Nov 5, saying that he was willing to assist in the investigations into the Lingam tape should there be an assurance that “his safety would be guaranteed”. [see letter below]

“But nothing happened. I have had no reply from the prime minister,” he lamented.

Loh added that he had also emailed the three-member panel formed by the government to look into the authenticity of the Lingam tape, offering to assist in their probe. Again, he added, he had not heard from them.

Tailed day and night

Last month, the ACA ‘harassment’ and threatening phone calls became so unbearable and that Loh said he lodged at least one police report.

“The intrusion into my private life was bad,” he told Malaysiakini when met at his lawyer’s plush apartment in the heart of the city.

“They hunted me day and night. They came in cars, waited for me with engines running, waiting until midnight. The security guards at my apartment can vouch for this,” he said.

“Once the ACA visited my house and my office at the same time. When they found that I wasn’t there, they harassed my youngest son and threatened to take him away,” he said.

Loh said that once while he was travelling by car to Singapore, he was intercepted in Malacca by two ACA officers.

“They wanted me to immediately return with them to their headquarters in Putrajaya to take a statement from me. I told them I will not follow them and got them to let me talk to their superior,” he said.

“I told them I can cooperate but it must be properly done, and that I am given proper notice,” he added.

According to Loh, he did not know how the ACA knew that he was involved in the matter.

“Maybe Lingam had told them that I and my son were at his house on that day,” he speculated.

Plan to catch him unprepared

Loh suggested that the agency was perhaps badgering him to give a statement as they wanted to catch him unprepared instead of having him come with a prepared statement.

The businessman said that he feared for his life. “That is why I am going public now,” he said.

“I wrote to the PM seeking protection but I didn’t receive any assurance from him. Do I fear for my life? I won’t take anything for granted,” he said.

“Going public is the best option that I have.”

Loh also said that he was willing to appear before the royal commission which will kick off its inquiry on Monday to probe the Lingam tape.

“I will go before them in the interest of the public, but it is up to them to find their own answer,” he added.

The royal commission, formed after the panel tasked to probe the clip’s authenticity ended up empty-handed, is to further investigate the matter.

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Q&A: My son took the Lingam tape
Steven Gan & K Kabilan | Jan 12, 08 11:42pm

Businessman Loh Mui Fah today spoke to Malaysiakini on his and his son’s role in the controversial Lingam tape.

Malaysiakini: How did you become involved in the Lingam tape?

Loh Mui Fah: You can see that the video was taken a number of years back. The speculation was quite right, it was in 2002 (that the video clip was recorded) but in fact it was at the end of December 2001. During the time, we have had engagement with (lawyer) VK Lingam on legal matters.

So he was your lawyer?

Yes, he was my lawyer. I know VK Lingam for quite a number of years. You can consider it quite normal that I was invited to have dinner in his house.

(Your relationship with Lingam) went back how many years?

Probably around the mid-90s.

He has been your lawyer from the mid-90s?

I wouldn’t say he was my lawyer but he had given me legal advice. And one of the reasons that I was invited (to Lingam’s house for dinner), I think you can consider that he knew me for quite some time. Probably one of the more important reason is that despite that he was representing us legally, we feel that he was not doing enough as our lawyer in our cases. All the time, (there was) not sufficient time given attending to our cases.

Sorry to say that he was probably too busy, probably (there were other) more important things to do. We felt that, probably he felt it as well, that there wasn’t sufficient time given to us attending to our issues. So he said ‘why not come to my house in the evening, nobody would disturb (us) so that I can at least give you more time and discuss your matters’.

What kind of businesses are you involved in?

I am involved in IT (information technology) and the forestry sector, and overseas projects. I’ve been in the business circle for quite a while and if a BN leader were to ask me, I will say I’m more familiar with the BN leaders than any of the opposition leaders.

So you see yourself closer to BN leaders?

At least, I know some of them very well.

So you were invited to this dinner by VK Lingam?

Yes, so we went along.

When you said ‘we’ went along, who does that include? your father? your son?

No, my son was following me.

Tell us exactly what happened that night when you arrived at his house for dinner?

We were offered drinks, not alcohol. Some other people were supposed to join us but it turned out to be only him. Of course, in the process VK Lingam’s sister came along. Our intention of discussing our matters were interrupted by his sister (who is also a lawyer) coming in, talking about their own legal issues. So if they were talking, I was only listening.

After that, the sister left. We had dinner. After dinner, we sat down, supposed to have a relaxed evening to discuss our issues. Then all the calls came, incoming calls.

And he was using the same phone?

No, he was using different phones. He had many phones.

These were all handphones?

Different handphones. He hardly used a fixed line phone. I think he has so many prepaid phones.

And this particular controversial phone call (which was recorded) - what happened?

I think there were more (phone calls). Just like his sister consulting him on certain legal issues. We spent the whole night in his house.

This was from what time to what time?

I would say not later than 7pm until not earlier than 11pm.

Regarding the phone call?

I think probably the one who took the video was not aware (that Lingam was talking to then Chief Judge of Malaya Ahmad Fairuz Sheikh Halim). You see, during the end part, I asked him (who was the person he was talking to). At that very (moment), there was no knowledge who it was (on the other end of the line). That’s why after the call, I asked (him) the question (who it was). If I did not ask the question, probably this thing would not be answered. I do know why I asked the question.

Your question was who was that person?

Yes, who was that person. I think the rest could be seen by yourself.

Was your son took the video?

Yes, it was my son.

He knew that he was taking the video or was it by accident?

I think this would be best answered by him...

But you were there as well...

Everybody (at the dinner) was aware that he (Loh’s son) was taking photographs of us.

Tell us how the video was taken?

On this part, I do not know. During this time, I was not even aware that the video was on recording us. Honestly, I wasn’t aware. If I were aware, I’d behaved a little better. I wouldn’t even asked the question.

When did you become aware of the video?

I was aware of it after it was released. I can tell I was not pleased to see this thing surfacing publicly. I was not the one who gave, neither have I consented the video to be released. In fact, I wasn’t even aware that was such video clip.

How did your son managed to record that clip?

The best person would be my son to answer the question. Of course, after all these things, when I enquire - it was quite a powerful camera at that time as I discovered now. The camera was very advanced. It had 5 megapixels. Five megapixels in 2001 was tremendous even by today’s standards.

So it was a photo camera with video capacity?

It must be.

Where is your son now?

He is China-based.

When did you see (the video clip)?

It must be a few weeks later (after it was made public)

And what was your reaction?

I was quite unhappy that I was involved in a controversial issue. I’m being put into a very difficult situation.

You have written to the (government-appointed) panel of inquiry?

Yeah.

By email?

There was an address they gave. They gave the public (and asked them to) contact this address, then I contacted that address. I have double ascertained the whole issue by writing to the prime minister.

I could also see during the time there were debates - oh, witnesses please come forward. All the security would be assured. It is only natural that I want to be assured that I am given the due protection, whatever security the government thinks fit.

And you wrote to the prime minister asking for that (protection). What response did you get from the prime minister?

[Long pause] Just like now I’m responding to you.

No response.

[Nodded]

There was one occasion where you said you were stopped by the ACA officers.

It was an intrusion of my privacy. We were quite cautious how all the time we had been following, trailing by people. Very uncomfortable.

Of course, having said that, we received threatening phone calls. I wouldn’t want to speculate because they (the callers) never identified (themselves).

What did they say?

They were talking about asking me to watch out for my life. ‘We can finish you.’ By ‘finish’, means what? I received those kinds of calls. Again as I told the police, I received these things. They said, ‘how do you prove (that the calls were made)? where do you find these people?’ I should be putting this back to the police.

How many police reports did you lodge?

I must have lodged at least a report.