Lawyers representing V. Sivakumar had to withdraw after the High Court here ruled that private lawyers could not represent the State Legislative Assembly Speaker in a suit filed by the Perak mentri besar.
Judicial Commissioner Ridwan Ibrahim ruled in chambers that private lawyers had no locus standi and could not represent the Speaker.
Ridwan said that under the Government Proceedings Act, the Speaker can only be represented by the state legal advisor, or lawyers appointed by the latter, because he is part of the state government.
Sivakumar’s lead counsel, constitutional expert Tommy Thomas, said they would await further instructions from the Speaker. He said they were refused speaking rights under Ridwan’s ruling.
Perak Mentri Besar Datuk Dr Zambry Abdul Kadir filed the suit to seek a court declaration that Sivakumar’s suspension of Dr Zambry and his six executive councillors from the state assembly was unconstitutional and ultra vires the state constitution.
He is also seeking court declarations that he and his exco members had the right to attend sittings and that the House was not to be bound by any rules by, or instructions from, the Speaker.
Later, Umno legal adviser Datuk Mohd Hafarizam Harun, who is acting for Dr Zambry, said they had raised an objection over the fact that the five lawyers representing Sivakumar were not part of the Attorney-General’s Chambers and had not gained permission from the state legal advisor to represent the Speaker.
He also said that Ridwan will also hear at 2:30pm an injunction filed to stop any further “illegal” Assembly meetings by the Perak Speaker or Opposition assemblymen.
He said the injunction had been filed by Dr Zambry and the six exco members as interim relief with the originating summons against Sivakumar on Monday.
Mohd Hafarizam said that the state legal advisor or his appointed representative will appear for Sivakumar at the injunction hearing Tuesday afternoon.
Tuesday, March 3, 2009
Cops to track down cussing individuals
Police will trace several individuals who allegedly hurled abusive words at them while they were preventing a group of assemblymen from entering the state secretariat building here to attend the State Assembly’s emergency sitting on Tuesday.
Ipoh OCPD ACP Azisman Alias said more than 200 people had gathered outside the building but the situation had been under control.
However, he said several individuals had used abusive words and the police would trace them through the photographs taken, he told reporters.
Azisman said police would also seek the help of the media to publish the photographs of those involved in the gathering and those who used abusive words besides preventing police from carrying out their duty.
After being prevented from entering the State Assembly Hall, Speaker V. Sivakumar held the emergency sitting under a tree about 100m from the building. -- Bernama
Ipoh OCPD ACP Azisman Alias said more than 200 people had gathered outside the building but the situation had been under control.
However, he said several individuals had used abusive words and the police would trace them through the photographs taken, he told reporters.
Azisman said police would also seek the help of the media to publish the photographs of those involved in the gathering and those who used abusive words besides preventing police from carrying out their duty.
After being prevented from entering the State Assembly Hall, Speaker V. Sivakumar held the emergency sitting under a tree about 100m from the building. -- Bernama
Perak Assembly calls for dissolution, polls
(11.20am) Nizar to seek audience with Sultan Azlan Shah to ask for dissolution of Perak state assembly as soon as the documents from Tuesday’s emergency sitting under a tree in a vacant lot is completed.
(11.15am) Nizar says three motions were passed during the Emergency sitting on Tuesday - motion of confidence on himself as the legal Perak MB; agreement to seek Royal consent for dissolution of state assembly; and the adoption of the suspension of MB Zambry Abdul Kadir and his Excos by the Rights and Privileges Committee.
(10:40am) At the High Court, Sivakumar’s lawyers withdraw from the case after Judicial Commissioner Ridwan Ibrahim rules that private lawyers have no locus standi and cannot represent the Speaker.
Ridwan says that under the Government Proceedings Act, the Speaker can only be represented by the state legal advisor, or lawyers appointed by the latter, because he is part of the state government.
Sivakumar’s lead counsel, constitutional expert Tommy Thomas, says they will await further instructions from the Speaker. He said they were refused speaking rights under Ridwan’s ruling.
(10:35am) Nizar proposes that the emergency sitting of the assembly be adjourned. Sivakumar adjourns.
(10:25am) Titi Serong rep Dr Khalil Idham says Nizar is the rightful mentri besar and wants him to continue. Canning assemblyman Wong Kah Woh says that Pakatan has ruled the state well since taking over last March.
Teja rep Chang Lih Kang proposes a motion asking for the dissolution of the state assembly to call for a new election.
Both motions are agreed to by all Pakatan reps.
(10:20am) After “doa selamat” prayers, the meeting commences with the hearing of the first motion from Titi Serong assemblyman Dr Khalil Idham Lim Abdullah.
He says the trust and support have been given to Nizar as mentri besar. Sivakumar asks for the motion to be debated.
(10:15am) Although allowed entry into the state secretariat building, Sivakumar did not go in. Attired in the official garb of the Speaker, he declares a vacant lot about 200m from the building as the venue for the emergency sitting.
(10:05am) Nizar gets into his car. Discussions going on between PAS, PKR and DAP assemblymen and Members of Parliament (MPs) on their next course of action. One MP is in the car with Nizar.
They are expected to head towards the DAP state headquarters where they might hold a press conference.
(10:00am) Pakatan assemblymen and Nizar not allowed into building, but police allow Sivakumar to enter. A policeman says, “YB tidak boleh masuk (Yang Berhormat is not allowed in).”
Pakatan supporters make a protective ring around their assemblymen so that they will not be chased away. Assemblymen start moving away however.
(9:45am) At the High Court, lead counsels for both sides are briefing the judge in chambers. They emerge from chambers at 10:17am to brief their legal teams.
(9:40am) Pakatan Rakyat assemblymen, including former mentri besar Datuk Seri Mohammad Nizar Jamaluddin, arrive at state secretariat building for emergency sitting of Assembly called by Sivakumar to vote on two motions related to the constitutional crisis in Perak.
Barisan Nasional supporters have lined up to prevent them from entering. Some pushing and shoving going on.
(9:00am) Federal Reserve Unit personnel have been deployed in front of state secretariat building, at least seven trucks being used to block main entrance. Police had already set up roadblocks on roads leading to the building earlier this morning.
A small crowd has gathered, comprising party members, lawyers, supporters and many members of the media.
(8:45am) Lawyers from both sides start arriving at Ipoh High Court in preparation for hearing of lawsuit filed by Perak Mentri Besar Datuk Dr Zambry Abdul Kadir against State Assembly Speaker V. Sivakumar.
Dr Zambry is seeking a court declaration that Sivakumar’s suspension of Dr Zambry and his six excos from the state assembly is unconstitutional.
(11.15am) Nizar says three motions were passed during the Emergency sitting on Tuesday - motion of confidence on himself as the legal Perak MB; agreement to seek Royal consent for dissolution of state assembly; and the adoption of the suspension of MB Zambry Abdul Kadir and his Excos by the Rights and Privileges Committee.
(10:40am) At the High Court, Sivakumar’s lawyers withdraw from the case after Judicial Commissioner Ridwan Ibrahim rules that private lawyers have no locus standi and cannot represent the Speaker.
Ridwan says that under the Government Proceedings Act, the Speaker can only be represented by the state legal advisor, or lawyers appointed by the latter, because he is part of the state government.
Sivakumar’s lead counsel, constitutional expert Tommy Thomas, says they will await further instructions from the Speaker. He said they were refused speaking rights under Ridwan’s ruling.
(10:35am) Nizar proposes that the emergency sitting of the assembly be adjourned. Sivakumar adjourns.
(10:25am) Titi Serong rep Dr Khalil Idham says Nizar is the rightful mentri besar and wants him to continue. Canning assemblyman Wong Kah Woh says that Pakatan has ruled the state well since taking over last March.
Teja rep Chang Lih Kang proposes a motion asking for the dissolution of the state assembly to call for a new election.
Both motions are agreed to by all Pakatan reps.
(10:20am) After “doa selamat” prayers, the meeting commences with the hearing of the first motion from Titi Serong assemblyman Dr Khalil Idham Lim Abdullah.
He says the trust and support have been given to Nizar as mentri besar. Sivakumar asks for the motion to be debated.
(10:15am) Although allowed entry into the state secretariat building, Sivakumar did not go in. Attired in the official garb of the Speaker, he declares a vacant lot about 200m from the building as the venue for the emergency sitting.
(10:05am) Nizar gets into his car. Discussions going on between PAS, PKR and DAP assemblymen and Members of Parliament (MPs) on their next course of action. One MP is in the car with Nizar.
They are expected to head towards the DAP state headquarters where they might hold a press conference.
(10:00am) Pakatan assemblymen and Nizar not allowed into building, but police allow Sivakumar to enter. A policeman says, “YB tidak boleh masuk (Yang Berhormat is not allowed in).”
Pakatan supporters make a protective ring around their assemblymen so that they will not be chased away. Assemblymen start moving away however.
(9:45am) At the High Court, lead counsels for both sides are briefing the judge in chambers. They emerge from chambers at 10:17am to brief their legal teams.
(9:40am) Pakatan Rakyat assemblymen, including former mentri besar Datuk Seri Mohammad Nizar Jamaluddin, arrive at state secretariat building for emergency sitting of Assembly called by Sivakumar to vote on two motions related to the constitutional crisis in Perak.
Barisan Nasional supporters have lined up to prevent them from entering. Some pushing and shoving going on.
(9:00am) Federal Reserve Unit personnel have been deployed in front of state secretariat building, at least seven trucks being used to block main entrance. Police had already set up roadblocks on roads leading to the building earlier this morning.
A small crowd has gathered, comprising party members, lawyers, supporters and many members of the media.
(8:45am) Lawyers from both sides start arriving at Ipoh High Court in preparation for hearing of lawsuit filed by Perak Mentri Besar Datuk Dr Zambry Abdul Kadir against State Assembly Speaker V. Sivakumar.
Dr Zambry is seeking a court declaration that Sivakumar’s suspension of Dr Zambry and his six excos from the state assembly is unconstitutional.
Monday, March 2, 2009
How tsunami fund ends up in YPS account
The sum of RM1.89mil that was deposited in the account of Yayasan Pemulihan Sosial in March last year was the balance of RM5.59mil that was meant as an Asian Tsunami relief fund for several countries.
MIC president Datuk Seri S. Samy Vellu said in a statement that from the RM5.59mil collected from well-wishers under the auspices of the Construction Industry Development Board, RM1mil was given to the Sri Lankan government.
He also said that RM1mil was sent to the Tamil Rehabilitation Organisation (TRO) and RM1.7mil to the Tamil Nadu Relief Fund.
Samy Vellu said the balance of RM1.89mil, meant to build a school in Vellati, Jaffna, was placed under the Yayasan Pemulihan Sosial under fixed deposit receipts when the Sri Lankan civil war escalated.
“Architectural plans were drawn up but before those plans could be approved by the Tamil Relief Organisation, the conflict in Sri Lanka escalated,” he said in a statement yesterday.
MIC president Datuk Seri S. Samy Vellu said in a statement that from the RM5.59mil collected from well-wishers under the auspices of the Construction Industry Development Board, RM1mil was given to the Sri Lankan government.
He also said that RM1mil was sent to the Tamil Rehabilitation Organisation (TRO) and RM1.7mil to the Tamil Nadu Relief Fund.
Samy Vellu said the balance of RM1.89mil, meant to build a school in Vellati, Jaffna, was placed under the Yayasan Pemulihan Sosial under fixed deposit receipts when the Sri Lankan civil war escalated.
“Architectural plans were drawn up but before those plans could be approved by the Tamil Relief Organisation, the conflict in Sri Lanka escalated,” he said in a statement yesterday.
Stay away from building, says CPO
Perak CPO Deputy Comm Datuk Zulkifli Abdullah has warned members of the public, including any elected state representatives who have no business entering the State Secretariat building, not to gather there today.
DCP Zulkifli said anyone converging near the State Secretariat building would be deemed as going against the law and considered as taking part in an illegal gathering.
Only officials, employees and those with permits would be allowed in, he said in a statement yesterday.
On Friday, state assembly Speaker V. Sivakumar had called for an emergency sitting of the State Assembly today by invoking Standing Orders 8 and 11, to vote on two motions.
DCP Zulkifli said police have been informed by the State Secretariat administration that the emergency sitting would not be taking place.
He also said the state assembly secretary had stated on Sunday that the meeting was invalid because it had not received the consent of the Perak Ruler.
DCP Zulkifli said anyone converging near the State Secretariat building would be deemed as going against the law and considered as taking part in an illegal gathering.
Only officials, employees and those with permits would be allowed in, he said in a statement yesterday.
On Friday, state assembly Speaker V. Sivakumar had called for an emergency sitting of the State Assembly today by invoking Standing Orders 8 and 11, to vote on two motions.
DCP Zulkifli said police have been informed by the State Secretariat administration that the emergency sitting would not be taking place.
He also said the state assembly secretary had stated on Sunday that the meeting was invalid because it had not received the consent of the Perak Ruler.
Zambry seeking court intervention
Perak Mentri Besar Datuk Dr Zambry Abdul Kadir has sought a court declaration to make illegal Speaker V. Sivakumar’s suspension of him and six executive councillors from state assembly sittings.
Dr Zambry’s lawyers filed an originating summons at the Ipoh High Court at 3.55pm yesterday and served through Sivakumar’s staff at his office here at 5pm. The case will be heard at High Court 4 this morning.
Dr Zambry told a press conference that he was seeking a declaration that Sivakumar’s decision was unconstitutional and ultra vires the state constitution.
He sought declarations that he and his exco members had the right to attend sittings and that the House was not to be bound by any rules by, or instructions from, the Speaker.
“I want to say that any issue, be it the supposed suspension of myself and my exco members or barring us from sittings, is now a court matter,” he added.
“Therefore, whatever action Sivakumar takes can be considered sub judice and contempt of court, if proven guilty.”
Asked whether inviting the court to declare null and void the Speaker’s suspension would infringe the doctrine of separation of powers (where the executive, legislature and judiciary are independent of each other), Dr Zambry said:
“It is not a question of that. Let the court decide that. You should also ask him (Sivakumar) about infringing the rights of the state assemblymen.
“We are working within the parameters (of the law). We have consulted our lawyers. We do not do things at our whims and fancies.”
Earlier, at the Ipoh High Court, Perak DAP chairman Datuk Ngeh Koo Ham confirmed that Sivakumar was served with another originating summons at his office in the morning.
Perak executive councillor Mohd Zahir Abdul Khalid served the originating summons on behalf of three Barisan Nasional-friendly independent assemblymen seeking a court declaration that they were still elected representatives of their constituencies.
They are Behrang assemblyman Jamaluddin Mohd Radzi, Changkat Jering assemblyman Mohd Osman Mohd Jailu and Jelapang assemblyman Hee Yit Foong.
Ngeh told reporters that the three were challenging the Speaker’s decision that they had resigned and that their seats were vacant.
The independents’ case against Sivakumar will be heard on Thursday.
Mohd Zahir also served a notice of misconduct to refer the Speaker to the Rights and Privileges Committee for abuse of power, contempt of the House and disloyalty to the Sultan.
Earlier, Mohd Zahir and two lawyers served notice referring Sivakumar to the Rights and Privileges Committee.
The notice, served to Sivakumar’s political secretary A. Wasu at the Speaker’s office at 11am yesterday, came with a report accusing him of abusing his power to commit contempt of the House by being disloyal to the Sultan of Perak. Mohd Zahir told a press conference that the Speaker was referred to the committee for violating Article 47 of the state constitution following his suspension of Dr Zambry and his six exco members.
The notice comes as an irony as Sivakumar heads the same Rights and Privileges Committee.
Dr Zambry’s lawyers filed an originating summons at the Ipoh High Court at 3.55pm yesterday and served through Sivakumar’s staff at his office here at 5pm. The case will be heard at High Court 4 this morning.
Dr Zambry told a press conference that he was seeking a declaration that Sivakumar’s decision was unconstitutional and ultra vires the state constitution.
He sought declarations that he and his exco members had the right to attend sittings and that the House was not to be bound by any rules by, or instructions from, the Speaker.
“I want to say that any issue, be it the supposed suspension of myself and my exco members or barring us from sittings, is now a court matter,” he added.
“Therefore, whatever action Sivakumar takes can be considered sub judice and contempt of court, if proven guilty.”
Asked whether inviting the court to declare null and void the Speaker’s suspension would infringe the doctrine of separation of powers (where the executive, legislature and judiciary are independent of each other), Dr Zambry said:
“It is not a question of that. Let the court decide that. You should also ask him (Sivakumar) about infringing the rights of the state assemblymen.
“We are working within the parameters (of the law). We have consulted our lawyers. We do not do things at our whims and fancies.”
Earlier, at the Ipoh High Court, Perak DAP chairman Datuk Ngeh Koo Ham confirmed that Sivakumar was served with another originating summons at his office in the morning.
Perak executive councillor Mohd Zahir Abdul Khalid served the originating summons on behalf of three Barisan Nasional-friendly independent assemblymen seeking a court declaration that they were still elected representatives of their constituencies.
They are Behrang assemblyman Jamaluddin Mohd Radzi, Changkat Jering assemblyman Mohd Osman Mohd Jailu and Jelapang assemblyman Hee Yit Foong.
Ngeh told reporters that the three were challenging the Speaker’s decision that they had resigned and that their seats were vacant.
The independents’ case against Sivakumar will be heard on Thursday.
Mohd Zahir also served a notice of misconduct to refer the Speaker to the Rights and Privileges Committee for abuse of power, contempt of the House and disloyalty to the Sultan.
Earlier, Mohd Zahir and two lawyers served notice referring Sivakumar to the Rights and Privileges Committee.
The notice, served to Sivakumar’s political secretary A. Wasu at the Speaker’s office at 11am yesterday, came with a report accusing him of abusing his power to commit contempt of the House by being disloyal to the Sultan of Perak. Mohd Zahir told a press conference that the Speaker was referred to the committee for violating Article 47 of the state constitution following his suspension of Dr Zambry and his six exco members.
The notice comes as an irony as Sivakumar heads the same Rights and Privileges Committee.
Directive to shut down secretariat hastily removed
The State Secretary’s office issued circulars last evening directing staff members to cancel all appointments in the premises today because the entrances to the building would be shut.
However, the circulars were retrieved about an hour after they were pasted on the doors of several offices.
Later when asked if the directives had been withdrawn, State Secretary Datuk Dr Abdul Rahman Hashim said: “My officer informed me that they had been collected back. I cannot comment further on that.”
That development has left a question mark as to whether the “emergency sitting” of the Perak State Assembly, supposed to start here today, would be held.
The “emergency sitting” was called by Pakatan Rakyat Speaker V. Sivakumar. Barisan Nasional Perak Mentri Besar Datuk Dr Zambry Abdul Kadir has called it “invalid and unlawful”.
Dr Abdul Rahman said he was unaware what would happen today during the “emergency sitting” and would not confirm or deny if the House would be locked.
“In fact, I too did not receive any invitation to attend this emergency sitting.”
The circulars were pasted on the office doors at about 4pm when a reporter managed to get copies of it and passed them on to about 20 other journalists waiting outside Dr Zambry’s office for his press conference.
When one reporter tried to make a photocopy of the circular, some officials of the mentri besar’s office said it was not for publication.
Later, reporters were informed the circulars had been “collected back”.
At the press conference, Dr Zambry warned that anyone who tried to attend the sitting would be deemed as “threatening the safety of the state.”
“As far as I and my exco are concerned, there was no consent given by the Sultan over the convening of this so-called emergency sitting.
“I would like to stress here that without such consent, whatever ‘sitting’ held would be considered invalid and unlawful.”
The press conference, held late in the evening, was attended by most of the Barisan exco members, several Barisan representatives and Barisan-friendly Independents Mohd Osman Mohd Jailu and Jamaluddin Mohd Radzi.
Dr Zambry accused Sivakumar of not acting within his jurisdictional powers by calling for the sitting without royal consent.
“He has used his powers unfairly to achieve his own political agenda and he had ridiculed the proceedings of the House.”
He said he would challenge in court Sivakumar’s decision to call for the emergency sitting of the state assembly “in due course.”
Later, former Mentri Besar Datuk Seri Mohamad Tajol Rosli Ghazali said that should Pakatan go ahead with today’s sitting, it would be unfair towards Barisan.
“It will be 21 (Barisan assemblymen) against 28 (Pakatan assemblymen), so where is the fairness?
“You ask us to go for a fight and then you tie our hands behind our backs. We might as well just stay at home,” he said.
However, the circulars were retrieved about an hour after they were pasted on the doors of several offices.
Later when asked if the directives had been withdrawn, State Secretary Datuk Dr Abdul Rahman Hashim said: “My officer informed me that they had been collected back. I cannot comment further on that.”
That development has left a question mark as to whether the “emergency sitting” of the Perak State Assembly, supposed to start here today, would be held.
The “emergency sitting” was called by Pakatan Rakyat Speaker V. Sivakumar. Barisan Nasional Perak Mentri Besar Datuk Dr Zambry Abdul Kadir has called it “invalid and unlawful”.
Dr Abdul Rahman said he was unaware what would happen today during the “emergency sitting” and would not confirm or deny if the House would be locked.
“In fact, I too did not receive any invitation to attend this emergency sitting.”
The circulars were pasted on the office doors at about 4pm when a reporter managed to get copies of it and passed them on to about 20 other journalists waiting outside Dr Zambry’s office for his press conference.
When one reporter tried to make a photocopy of the circular, some officials of the mentri besar’s office said it was not for publication.
Later, reporters were informed the circulars had been “collected back”.
At the press conference, Dr Zambry warned that anyone who tried to attend the sitting would be deemed as “threatening the safety of the state.”
“As far as I and my exco are concerned, there was no consent given by the Sultan over the convening of this so-called emergency sitting.
“I would like to stress here that without such consent, whatever ‘sitting’ held would be considered invalid and unlawful.”
The press conference, held late in the evening, was attended by most of the Barisan exco members, several Barisan representatives and Barisan-friendly Independents Mohd Osman Mohd Jailu and Jamaluddin Mohd Radzi.
Dr Zambry accused Sivakumar of not acting within his jurisdictional powers by calling for the sitting without royal consent.
“He has used his powers unfairly to achieve his own political agenda and he had ridiculed the proceedings of the House.”
He said he would challenge in court Sivakumar’s decision to call for the emergency sitting of the state assembly “in due course.”
Later, former Mentri Besar Datuk Seri Mohamad Tajol Rosli Ghazali said that should Pakatan go ahead with today’s sitting, it would be unfair towards Barisan.
“It will be 21 (Barisan assemblymen) against 28 (Pakatan assemblymen), so where is the fairness?
“You ask us to go for a fight and then you tie our hands behind our backs. We might as well just stay at home,” he said.
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