Wednesday, March 11, 2009

Court says Sivakumar cannot act for himself

Rejecting representation by the Perak state legal adviser, Assembly Speaker V. Sivakumar turned up at the High Court here hoping to represent himself in a suit filed against him.
However, Judicial Commissioner Ridwan Ibrahim ruled in chambers Wednesday that Sivakumar could not act for himself in the suit by the three independents seeking a declaration that they were still legitimate assemblymen of their constituencies.
For the third time this month, the court referred to Section 24(3) of the Government Proceedings Act 1956 that the Speaker, as a state officer, shall be represented by the state legal adviser.
Sivakumar had argued for the right to speak for himself after the same court had on March 3 ruled that the Speaker's private lawyers had no locus standi to act for him.
The judicial commissioner also fixed Monday to hear two related applications before the court could proceed with the independents' suit.
The first application has Sivakumar seeking to strike out the suit by independents Jamaluddin Mohd Radzi, Mohd Osman Mohd Jailu and Hee Yit Foong whom he contends had resigned officially.
The second application involves former Pakatan exco members A. Sivanesan, Tai Sing Ng and Chen Fook Chye and three voters from Behrang, Changkat Jering and Jelapang asking to be included as interveners and interested parties in the suit by the three independents.
During submissions in chambers, Judicial Commissioner Ridwan also allowed lawyers Nga Hock Cheh and Leong Cheok Keng to hold watching briefs for the DAP during the proceedings.
Outside the courtroom, Sivakumar's lawyer Chan Kok Keong told reporters that they would appeal against the court's ruling that the Speaker act for himself.
At a separate press conference, Umno legal adviser Datuk Mohd Hafarizam Harun said the Speaker must now seek the advice of the state legal adviser now that the judge had made the ruling.
"Obey the law, go speak to the state legal adviser and give proper instruction, then we will deal with it like any other court case," he added.
Earlier, Sivakumar who was waiting for his case to be called, was spotted approaching assistant state legal adviser Zulkarnain Hassan who had entered the courtroom at about 9.50am.
Instead, Zulkarnain avoided speaking with Sivakumar and was later seen sitting with lawyers acting for the three independents.
A frustrated Sivakumar claimed that he tried to speak with Zulkarnain after friends identified him as the one who was supposed to represent him.
"But when he (Zulkarnain) came in, he refused to talk to me. I wanted to ask him so many things.
"I don't even know his name or who he is. I don't know who is (to be) my lawyer. It's a very funny thing," Sivakumar said to reporters.
The Court had fixed March 16 to hear two related applications -- the first by Sivakumar asking the suit to be struck out, and the other for three former state executive council members and three voters to intervene in the case.
On Feb 27, the three independent assemblymen -- Mohd Osman Mohd Jailu (Changkat Jering), Jamaluddin Mohd Radzi (Behrang) and Hee Yit Foong (Jelapang) -- filed a suit seeking a declaration that they were still elected representatives.

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