Perak Mentri Besar Datuk Dr Zambry Abdul Kadir and his six “suspended” state executive council members are seeking a second opinion from a Queen’s Counsel (QC) in London on the constitutional impasse in the state.
A source close to Barisan Nasional said that a senior lawyer was leaving for London tonight to meet the QC.
One of the assemblymen and other lawyers are also expected to go.
“The team comprises old and young lawyers and there is one who was involved in the two chief ministers’ case in Sabah in 1986.
“They want a second opinion on the purported suspension of the Perak MB and the six exco members as well as the suit filed (by Datuk Seri Mohammad Nizar Jamaluddin on Feb 13) that Dr Zambry is purportedly not the MB,” said the source.
The constitutional crisis in Perak began early this month after two PKR and one DAP assemblymen left their parties, leading Nizar to seek Sultan Azlan Shah’s consent to dissolve the state assembly.
On Feb 5, the Ruler declared that the Pakatan Rakyat government had lost its majority and appointed Barisan’s Dr Zambry as Mentri Besar.
Nizar and his team have refused to quit and the crisis is now a constitutional quagmire after State Legislative Assembly Speaker V. Sivakumar on Feb 18 suspended Dr Zambry and his executive council from the assembly for 12 and 18 months, respectively.
Asked whether the lawyers had been instructed by Barisan, the source said they were acting on behalf of Dr Zambry and the six exco members and took instructions from them as the aggrieved party.
On whether they would apply for a QC to represent them in court, the source said:
“No. In addition to seeking a second opinion, they also want an opinion on the position in other Commonwealth jurisdictions, apart from the Sabah and Sarawak cases here.”
Asked whether the legal eagles were getting a QC’s opinion because several legal experts have described the legal impasse as “uncharted constitutional territory”, despite the Sabah and Sarawak case precedents, he replied:
“They think the Federal Consti-tution has been stretched to extreme limits. See how the Speaker unilaterally acted in convening the Rights and Privileges Committee when the Dewan was not in session and suspending the MB and his exco members.”
Sunday, February 22, 2009
Friday, February 20, 2009
Take action
Opposition Leader Datuk Seri Anwar Ibrahim has lodged a police report demanding that the Malaysian Anti-Corruption Commission (MACC) take immediate action on an earlier report he had lodged against Attorney-General Tan Sri Abdul Gani Patail and Inspector-General of Police Tan Sri Musa Hassan.
In the report lodged in July last year, Anwar claimed that in 1998, the A-G and Musa had fabricated evidence against him after he was assaulted by the then IGP Tan Sri Rahim Noor in a police lock-up.
“It has been over eight months now and there is no sign of any action being taken by the MACC.
“We were told in Parliament last December by Minister in the Prime Minister’s Department Datuk Seri Mohamed Nazri Abdul Aziz that the investigation papers were with the A-G who is (allegedly) implicated in an offence of fabricating evidence,” he said adding that Nazri then said he would reply to his claims in due course.
Anwar said this after lodging a police report at the Damansara Utama police station here.
In yesterday’s report, he claimed that the A-G and Musa’s role in the conspiracy resulted in then Brickfields OCPD ACP Koh Hong Sun allegedly lodging a false police report in Sept 1998.
Both Gani and Musa denied Anwar’s charges against them. Musa has filed a defamation suit against Anwar.
In the report lodged in July last year, Anwar claimed that in 1998, the A-G and Musa had fabricated evidence against him after he was assaulted by the then IGP Tan Sri Rahim Noor in a police lock-up.
“It has been over eight months now and there is no sign of any action being taken by the MACC.
“We were told in Parliament last December by Minister in the Prime Minister’s Department Datuk Seri Mohamed Nazri Abdul Aziz that the investigation papers were with the A-G who is (allegedly) implicated in an offence of fabricating evidence,” he said adding that Nazri then said he would reply to his claims in due course.
Anwar said this after lodging a police report at the Damansara Utama police station here.
In yesterday’s report, he claimed that the A-G and Musa’s role in the conspiracy resulted in then Brickfields OCPD ACP Koh Hong Sun allegedly lodging a false police report in Sept 1998.
Both Gani and Musa denied Anwar’s charges against them. Musa has filed a defamation suit against Anwar.
MACC asking to evidence
Give us the evidence, the Malaysian Anti-Corruption Commission (MACC) has told Opposition Leader Datuk Seri Anwar Ibrahim.
Anwar had claimed in Parliament on Thursday that Kedah Mentri Besar Datuk Seri Mahdzir Khalid had been captured on video offering PKR’s Kulim assemblyman Lim Soo Nee money to cross over to Barisan Nasional.
MACC chief Datuk Seri Ahmad Said Hamdan said yesterday that Anwar should forward the evidence to the commission to prove his claim that the proceedings were recorded by the then Anti-Corruption Agency.
“Don’t be scared that the evidence will be destroyed. We are professional in carrying out our tasks,’’ he said after the ground-breaking ceremony for a 21-storey apartment quarters for the state MACC staff near here yesterday.
He denied Anwar’s claims that the investigating officer in the case had been transferred to another state.
“He is using the same tactic as in the V.K. Lingam case, saying he has video recordings and revealing it little by little,” Ahmad Said said.
“If Anwar or anyone else has evidence, give it to us and we will conduct investigations. If there is a case, we will put it forward for the court to decide.”
Anwar said on Thursday that the ACA had recorded a meeting in December between Lim and Mahdzir with several others where Lim was offered RM5mil to switch camps.
Ahmad Said said the report lodged by Lim was still under investigation, and Anwar’s statement could have adverse effects on the case.
Anwar had claimed in Parliament on Thursday that Kedah Mentri Besar Datuk Seri Mahdzir Khalid had been captured on video offering PKR’s Kulim assemblyman Lim Soo Nee money to cross over to Barisan Nasional.
MACC chief Datuk Seri Ahmad Said Hamdan said yesterday that Anwar should forward the evidence to the commission to prove his claim that the proceedings were recorded by the then Anti-Corruption Agency.
“Don’t be scared that the evidence will be destroyed. We are professional in carrying out our tasks,’’ he said after the ground-breaking ceremony for a 21-storey apartment quarters for the state MACC staff near here yesterday.
He denied Anwar’s claims that the investigating officer in the case had been transferred to another state.
“He is using the same tactic as in the V.K. Lingam case, saying he has video recordings and revealing it little by little,” Ahmad Said said.
“If Anwar or anyone else has evidence, give it to us and we will conduct investigations. If there is a case, we will put it forward for the court to decide.”
Anwar said on Thursday that the ACA had recorded a meeting in December between Lim and Mahdzir with several others where Lim was offered RM5mil to switch camps.
Ahmad Said said the report lodged by Lim was still under investigation, and Anwar’s statement could have adverse effects on the case.
Inneeds to put House in order
The decision to suspend Perak Mentri Besar Datuk Dr Zambry Abd Kadir and his six executive council members from assembly sittings was made to put the House in order.
State Assembly Speaker V. Sivakumar said he had “no choice” but to make the order as the seven were found to have clearly broken the rules of the state constitution.
He said Article 16(6) of the state constitution stated that the mentri besar of the day could seek an audience with the Sultan of Perak to dissolve the assembly if he ceased to command the confidence of the majority.
“The Clause clearly refers to the mentri besar at the time which was Datuk Seri Mohammad Nizar Jamaluddin. No one else but the mentri besar has the right to seek an audience with the Sultan,” he said.
Sivakumar noted that under the state constitution there was no provision stating that any party suddenly claiming to have the majority could or must see the Sultan of Perak to ask to form the next government.
He said that as the head of the legislative assembly it fell upon him to resolve the constitutional crisis after receiving a complaint from Canning assemblyman Wong Kah Woh.
“After meeting the seven assemblymen, it was clear that they had committed wrong under the state constitution. Therefore, I had no other choice. I had to follow the rules,” he said.
Sivakumar stressed that it was never his intention to commit treason against Sultan Azlan Shah.
“I am also not questioning whether the Sultan has the power to not dissolve the assembly,” he said.
On Wednesday, the Perak State Assembly Special Privileges Committee, chaired by Sivakumar, suspended Dr Zambry for 18 months and his state executive council members for 12 months for showing contempt to the House.
Prime Minister Datuk Seri Abudllah Ahmad Badawi said on Thursday that what Sivakumar did was wrong. He regarded the act as not respecting, and rejecting, Sultan Azlan Shah’s decision to appoint Dr Zambry and the executive council members.
DAP chairman Karpal Singh said Sivakumar did not break the law with the suspension order.
Nizar described Abdullah’s directive to Dr Zambry to defy the ban as unlawful, saying that such a directive would encourage the people to go against the law.
Pakatan Rakyat has also urged Dr Zambry to dissolve the assembly to end the constitutional crisis.
State Assembly Speaker V. Sivakumar said he had “no choice” but to make the order as the seven were found to have clearly broken the rules of the state constitution.
He said Article 16(6) of the state constitution stated that the mentri besar of the day could seek an audience with the Sultan of Perak to dissolve the assembly if he ceased to command the confidence of the majority.
“The Clause clearly refers to the mentri besar at the time which was Datuk Seri Mohammad Nizar Jamaluddin. No one else but the mentri besar has the right to seek an audience with the Sultan,” he said.
Sivakumar noted that under the state constitution there was no provision stating that any party suddenly claiming to have the majority could or must see the Sultan of Perak to ask to form the next government.
He said that as the head of the legislative assembly it fell upon him to resolve the constitutional crisis after receiving a complaint from Canning assemblyman Wong Kah Woh.
“After meeting the seven assemblymen, it was clear that they had committed wrong under the state constitution. Therefore, I had no other choice. I had to follow the rules,” he said.
Sivakumar stressed that it was never his intention to commit treason against Sultan Azlan Shah.
“I am also not questioning whether the Sultan has the power to not dissolve the assembly,” he said.
On Wednesday, the Perak State Assembly Special Privileges Committee, chaired by Sivakumar, suspended Dr Zambry for 18 months and his state executive council members for 12 months for showing contempt to the House.
Prime Minister Datuk Seri Abudllah Ahmad Badawi said on Thursday that what Sivakumar did was wrong. He regarded the act as not respecting, and rejecting, Sultan Azlan Shah’s decision to appoint Dr Zambry and the executive council members.
DAP chairman Karpal Singh said Sivakumar did not break the law with the suspension order.
Nizar described Abdullah’s directive to Dr Zambry to defy the ban as unlawful, saying that such a directive would encourage the people to go against the law.
Pakatan Rakyat has also urged Dr Zambry to dissolve the assembly to end the constitutional crisis.
Perak MB to attend sitting
Perak Mentri Besar Datuk Dr Zambry Abd Kadir and his six executive council members will attend the state’s next assembly sitting despite their suspension by Speaker V. Sivakumar.
Asked if they would turn up, Dr Zambry told reporters outside his office at the state secretariat here: “What’s wrong with it? Of course we will go.”
On Wednesday, Sivakumar who heads the Rights and Privileges Committee made the order against the seven for allegedly showing contempt to the House.
Sivakumar had said the seven had failed to offer any explanation on their action when they appeared before an inquiry by the committee that day.
Dr Zambry’s suspension is for 18 months, while the others have been suspended for 12 months each.
On whether he would lodge a police report against Sivakumar as advised by Prime Minister Datuk Seri Abdullah Ahmad Badawi, Dr Zambry said: “I said I will follow according to the rules of law.”
Asked if he planned to file a suit against Sivakumar, Dr Zambry said “wait and see.”
Meanwhile, DAP has criticised the new Barisan state government for delays in land title conversion.
Former state executive council member Nga Kor Ming said members of the public had been issued with notices that the conversion exercise had been “deferred”.
Nga said there was a sign outside the Manjung Land Office stating action to this effect.
However, State Health, Local Government, Consumer Affairs, Environment, Public Transportation and Non-Islamic Affairs Committee chairman Dr Mah Hang Soon said any delay on land title conversion should be blamed on the Pakatan Rakyat.
He said the Opposition was responsible for the present chaotic situation and for trying to paralyse the running of the new administration.
“So, who then should be blamed?” he said.
Asked if they would turn up, Dr Zambry told reporters outside his office at the state secretariat here: “What’s wrong with it? Of course we will go.”
On Wednesday, Sivakumar who heads the Rights and Privileges Committee made the order against the seven for allegedly showing contempt to the House.
Sivakumar had said the seven had failed to offer any explanation on their action when they appeared before an inquiry by the committee that day.
Dr Zambry’s suspension is for 18 months, while the others have been suspended for 12 months each.
On whether he would lodge a police report against Sivakumar as advised by Prime Minister Datuk Seri Abdullah Ahmad Badawi, Dr Zambry said: “I said I will follow according to the rules of law.”
Asked if he planned to file a suit against Sivakumar, Dr Zambry said “wait and see.”
Meanwhile, DAP has criticised the new Barisan state government for delays in land title conversion.
Former state executive council member Nga Kor Ming said members of the public had been issued with notices that the conversion exercise had been “deferred”.
Nga said there was a sign outside the Manjung Land Office stating action to this effect.
However, State Health, Local Government, Consumer Affairs, Environment, Public Transportation and Non-Islamic Affairs Committee chairman Dr Mah Hang Soon said any delay on land title conversion should be blamed on the Pakatan Rakyat.
He said the Opposition was responsible for the present chaotic situation and for trying to paralyse the running of the new administration.
“So, who then should be blamed?” he said.
Poilce report against Speaker Sivakumar
At least 10 police reports have been lodged against Perak Assembly Speaker V. Sivakumar over the suspension of Mentri Besar Datuk Dr Zambry Abd Kadir and his six executive council members from assembly sittings.
State police chief Deputy Comm Datuk Zulkifli Abdullah said that, as of yesterday morning, various political groups and individuals lodged eight reports in Perak, and at least two outside the state.
Following the reports, DCP Zulkifli said police would carry out investigations under Section 124/120B of the Penal Code.
The alleged offence, which involves compelling an elected representative to refrain from exercising his lawful powers, carries a maximum seven years jail with fine upon conviction.
State police chief Deputy Comm Datuk Zulkifli Abdullah said that, as of yesterday morning, various political groups and individuals lodged eight reports in Perak, and at least two outside the state.
Following the reports, DCP Zulkifli said police would carry out investigations under Section 124/120B of the Penal Code.
The alleged offence, which involves compelling an elected representative to refrain from exercising his lawful powers, carries a maximum seven years jail with fine upon conviction.
Petrol to coast more....
The price of premium grade petrol RON97 will be increased when the Government introduces RON95 to replace RON92 in July.
Domestic Trade and Consumer Affairs Minister Datuk Shahrir Samad said this would encourage more people to use RON95.
“The Government intends to subsidise more on RON95 to make it the same price with RON92,” he told a press conference yesterday.
The prices of RON95 and RON97 would be known in July.
Currently, Shahrir said, 80% of motorists used RON97 and the others RON92.
“In fact, RON92 is suitable for most vehicles but it is not as popular as RON97.
“Our way is to subsidise more of RON95 and reduce the subsidy for RON97 so that more consumers will opt for the former,” he said.
However, he said the Government did not plan to float the price of RON97.
“We will increase the price of RON97 reasonably when RON95 is introduced but if we use the floating system for RON97, its price will immediately increase by 50 sen,” he said.
On the consumer price index (CPI), Shahrir said it had decreased by 0.1% last month compared to December and showed an increment of 3.9% to 111.7 compared to 107.5 in the same period last year.
He said the index for food and non-alcoholic beverages increased by 9.8% last month, compared to the same period in 2008 while the index for non-food items went up by 1.1%.
He said the 3.9% increase in the CPI was brought about by increases in the indices of all the main groups, except transport, clothing and footwear and communication which decreased by 2.1%, 0.8% and 0.5% respectively.
Shahrir said the CPI was expected to go down further by the first quarter of the year.
“However, we have no control over restaurants and I don’t blame them because they still get good business when they increase their prices,” he said.
Domestic Trade and Consumer Affairs Minister Datuk Shahrir Samad said this would encourage more people to use RON95.
“The Government intends to subsidise more on RON95 to make it the same price with RON92,” he told a press conference yesterday.
The prices of RON95 and RON97 would be known in July.
Currently, Shahrir said, 80% of motorists used RON97 and the others RON92.
“In fact, RON92 is suitable for most vehicles but it is not as popular as RON97.
“Our way is to subsidise more of RON95 and reduce the subsidy for RON97 so that more consumers will opt for the former,” he said.
However, he said the Government did not plan to float the price of RON97.
“We will increase the price of RON97 reasonably when RON95 is introduced but if we use the floating system for RON97, its price will immediately increase by 50 sen,” he said.
On the consumer price index (CPI), Shahrir said it had decreased by 0.1% last month compared to December and showed an increment of 3.9% to 111.7 compared to 107.5 in the same period last year.
He said the index for food and non-alcoholic beverages increased by 9.8% last month, compared to the same period in 2008 while the index for non-food items went up by 1.1%.
He said the 3.9% increase in the CPI was brought about by increases in the indices of all the main groups, except transport, clothing and footwear and communication which decreased by 2.1%, 0.8% and 0.5% respectively.
Shahrir said the CPI was expected to go down further by the first quarter of the year.
“However, we have no control over restaurants and I don’t blame them because they still get good business when they increase their prices,” he said.
Subscribe to:
Posts (Atom)
