Monday, March 30, 2009

Zambry marah jadi makmum kepada Nizar

Perakdaily.com

March 30, 2009

konon nizar mempolitikkan solat

TAIPING 30 Mac: Calon PR Dato Seri Ir Haji Mohamad Nizar Jamaluddin, calon PRK P059 Bukit Gantang, semalam telah bertembung secara tidak sengaja dengan beberapa pimpinan Umno dan calon Umno/BN Ismail Safian sewaktu menunaikan solat jemaah Magrib di Masjid Simpang di sini.
Yang turut berada dalam masjid ketika itu ialah Dr Zambry AK, TP Umno TS Muhyiddin Yassin dan beberapa pimpinan Umno. Bagaimanapun Nizar kemudiannya ditegur keras (dengan nada amarah) oleh Zambry kononnya Nizar mengambil kesempatan untuk berpolitik.

Sebelum itu, Nizar bukan setakat mengimamkan solat (setelah diminta oleh imam masjid), malahan semasa solat telah membaca qunut nazilah yang diaminkan oleh semua. Nizar juga diminta menyampaikan tazkirah berhubung petikan ayat al Quran (SURAH yang dibacanya semasa SOLAT), namun ditentang keras oleh pimpinan Umno.
Untuk makluman, Nizar telah diminta oleh imam Tuan Hj Hisham untuk mengimamkan solat itu dan pada rakaat pertama Nizar membaca ayat “wa’tasimu bihablillahi jamiian, walaa tafarraqu…. ” dan rakaat kedua surah, Nizarrah Al-kaafirun.

Beberapa pimpinan UMNO setempat telah memprotes termasuk penasihat masjid (pakai songkok tinggi) yang menghalang dan mengarah supaya terus diadakan majlis bacaan yaasin. Maka berlakulah sedikit komosi (commotion).

Nizar mengelak bagi memelihara suasana.Nizar memberitahu:”Habis baca yaasin saya pergi bersalam dengan Dato Zambry dan dia nampak berang dan menyatakan kepada saya , kenapa menggunakan masjid berpolitik dan tak sepatut saya jadi imam tadi. katanya lagi dengan nada kuat dan marah, “jika mahu jadi imam saya bolih jadi imam, jika nak tafsir saya bolih tafsir”.

“Sambil tersenyum dan bersahaja saya berlalu meninggalkan majlis untuk menghadiri acara lain,” kata Nizar. Semua makmum melihat dan menyaksikan adegan kelakar dan “ajaib” tersebut dan ramai makmum mengiringi Nizar keluar sewaktu meninggalkan masjid

Anwar in Bukit Gantang - Malaysiakini



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Bahayanya bila isu perkauman dijaja di Bukit Gantang - Malaysian Insider

MAC 30 – Siapakah di belakang penempatan penyokong parti-parti yang bertanding di Bukit Gantang Ahad semalam (29 Mac) kini menarik perhatian pelbagai pihak. Ini kerana, meletakkan penyokong Pakatan Rakyat di bukit umpama meletakkan pasukan pemanah di Bukit Uhud dalam sejarah Islam yang terkenal itu.

Ekoran kedudukan yang strategik, di mana-mana sahaja dalam blog atau laman web, gambar para penyokong Pakatan Rakyat di hari penamaan calon Bukit Gantang menarik perhatian. Ini kerana kedudukan yang baik menyebabkan ia jelas kelihatan dan nampak ramai pula.

Kelihatan para penyokong Pakatan Rakyat pada hari penamaan calon Bukit Gantang menarik perhatian pelbagai pihak ekoran kedudukannya di lereng bukit yang dilihat strategik berbanding kedudukan penyokong BN di bawah bukit

Oleh kerana penyokong BN berada di bawah bukit, maka ia tidak kelihatan. Dan yang terlebih penting lagi memang jelas, para para penyokong Pakatan Rakyat jauh lebih ramai. Ia diakui oleh Timbalan Presiden Umno yang baru, Tan Sri Muhyidin Yasin apabila berkata, jumlah kedatangan penyokong tidak penting yang penting adalah pengundi.

Pilihan raya kecil ini bakal menyaksikan pertandingan tiga penjuru antara calon PR, Datuk Seri Muhamad Nizar Jamaludin, calon BN, Ismail Saffian dan calon bebas, Kamrul Ramizu Idris.

Sejak dari awal lagi, Umno memainkan isu calon tempatan. Ini kerana, sejak lebih 30 tahun lalu Bukit Gantang tidak pernah menerima calon tempatan yang mewakili BN. Lalu pemilihan Ismail Safian dianggap satu kelebihan kepada BN.

Isu utama yang dihadapkan kepada calon Pas pula adalah Nizar derhaka kepada Sultan Perak apabila menolak arahan baginda agar beliau meletakkan jawatan. Beliau juga dianggap calon DAP kerana pemimpin DAP Perak yang mula mencadangkan nama beliau sebagai calon.

Dalam menjalankan tugasnya sebagai MB Perak juga, Nizar didakwa hanya alat kepada DAP sahaja kerana Adun Pas hanya enam orang sahaja dalam Dun Perak. DAP 18 dan PKR lapan. Untuk itu, hasillah apa yang dinamakan pemberian geran kekal 999 tahun kepada 3,000 lot tanah kampung baru yang didiami oleh orang Cina di Perak.

Kini, Nizar telah dipilih oleh Pas sebagai calonnya. Ia dibuat dalam satu mesyuarat khas Jawatankuasa Pas Pusat di Perak menjelang hari pengumuman calon 23 Mac lalu.

Umno, dalam sebaran mereka mendakwa sebagaimana yang di atas. Nizar adalah calon DAP. Nizar adalah derhaka kepada raja. Nizar bagi tanah kepada orang Cina di Perak.

Apabila seorang rakan saya bertanya, apa pandangan saya tentang pilihan raya kecil Bukit Gantang, saya berkata, nampaknya Umno akan terus dengan politik perkaumannya. Umno belum sedar lagi, ketika semua orang berfikir kepada politik damai dan politik perpaduan, Umno terus dengan cara memecah belahkan rakyat.

“Biarlah Umno begitu, biar dia hancur,” kata kawan saya itu. “Masalahnya Umno kini sedang memerintah negara. Dia bukan hancurkan partinya sahaja, dia juga akan menjejaskan negara,” kata saya.

Apabila ditanya lagi, apa Pas akan buat, saya berkata, buat masa sekarang Pas hanya akan mencetak semula semua sebaran-sebaran perkauman Umno yang diberikan kepada orang Melayu itu. Pas akan edarkan sebaran itu kepada orang Cina dan India di Bukit Gantang.

Dalam pilihan raya Bukit Gantang 2004 lalu, calon Pas Dr Lo’ Lo’ Mohamad Ghazali mendapat 14,406 undi. Tan Lian Hoe (BN) mendapat 23,294 undi. Majoriti BN adalah 8,888. keputusan ini menunjukkan Pas mendapat kira-kira 40 peratus undi Melayu sahaja. Parti itu tidak mendapat undi bukan Melayu. Kalau adapun kurang dari 10 peratus dari jumlah undi keseluruhan mereka.

Dalam pilihan raya umum 2008, Allahyarham Roslan Shaharum mendapat 20,015 undi, Azim Zabidi (BN) mendapat 18,449 dan calon bebas M Murganan 872 undi. Majoriti Roslan adalah 1, 566.

Mengikut analisa yang dibuat, Roslan mendapat kira-kira 45 peratus undi Melayu dan 20 peratus undi bukan Melayu.

Ramai yang bersetuju, jika Umno habis-habisan berjuang untuk mendapatkan undi Melayu dengan memainkan sentimen perkauman dalam pilihan raya ini, undi untuk PAS tidak akan berkurangan dari undi yang diperolehi oleh Dr Lo’ Lo’ dalam pilihan raya 2004 lalu iaitu 14,400 undi.

Kini, dengan pendekatan Umno yang ada, BN akan kehilangan undi bukan Melayunya. Hampir 40 peratus pengundi yang berketurunan Cina dan India di Bukit Gantang ini akan pergi kepada Pas. Apatah lagi dengan kempen Umno bahawa Nizar adalah calon DAP.

Ramai yang meletakkan 80 peratus dari kira-kira 22,000 pengundi Cina dan India di Bukit Gantang ini akan mengundi PAS dalam pilihan raya kecil ini. 80 peratus bermakna 8,783 pengundi keturunan ini akan memberikan undi kepada PAS. Ini bermakna, 14,000 (undi untuk Dr Lo’ Lo’ 2004) + 8,783 undi Cina dan India akan diperolehi oleh calon PAS. Ini bermakna Pas akan memperolehi undi sebanyak 22,783 undi.

Dari pengiraan inilah, ramai yang membuat anggaran Pas akan menambahkan majoritinya dalam pilihan raya Bukit Gantang ini dari 1,566 ke sekitar 4,000 hingga 5,000 dalam pilihan raya kecil ini.

Anggaran ini akan menjadi kenyataan jika kempen BN berdasarkan perkauman ini akan berterusan dalam pilihan raya kecil ini.

Sebuah badan bebas, Ilham Centre dalam soalselidik yang mereka buat di Bukit Gantang pada 21 dan 22 Mac lalu mendapati 40 peratus penduduk Bukit Gantang yakin PAS akan menang dalam pilihan raya kecil itu nanti berbanding hanya 25 peratus yang menjangkakan BN menang, manakala 34 peratus lagi tidak pasti.

DAP lawmaker held over democracy tree DVD - Malaysian Insider

IPOH, March 30 – Police arrested DAP’s Tebing Tinggi assemblyman Ong Boon Piaw here last night in connection with a DVD video on the “democracy tree”.

DAP strongman Lim Kit Siang said Ong was arrested after the DVD was launched and shown publicly at the Chin Woo Hall and taken to the Pekan Baru police station.

“Latest example of the increasing intolerance towards fundamental liberties like freedom of speech, thought and expression in Najib’s Malaysia!” the Ipoh Timur MP wrote in his blog, referring to incoming prime minister Datuk Seri Najib Tun Razak.

The “democracy tree” refers to the rain tree outside the State Assembly where the ousted Pakatan Rakyat government held an emergency sitting to reaffirm its status and approve its dissolution despite the Perak ruler’s refusal.

Sultan Azlan Shah had instead sworn in Barisan Nasional Pangkor assemblyman Datuk Dr Zambry Abdul Kadir as Menteri Besar after three Pakatan Rakyat lawmakers switched support.

Pakatan Rakyat Menteri Besar Datuk Seri Mohd Nizar Jamaluddin, who maintains he still holds the post, is now the Pas candidate for the Bukit Gantang parliamentary by-election in what they have termed a referendum of the Perak political crisis.

Three-corner 'combat' in Bukit Gantang - Sun

By Giam Say Khoon and Humayun Kabir



(From left) BN candidate Ismail Saffian, PAS’s Datuk Seri Mohd Nizar Jamaluddin and independent candidate Kamarul Ramizu Idris.

IPOH (March 29, 2009) : The Bukit Gantang parliamentary by-election on April 7 will see a three-cornered fight by Barisan Nasional (BN), Pakatan Rakyat-PAS (PR-PAS) and an Independent.

The "combatants" are BN's Ismail Saffian, 49, from Umno, PR's Perak Mentri Besar Datuk Seri Mohd Nizar Jamaluddin, 52, and entrepreneur Kamarul Ramizu Idris, 42.

Election Commission (EC) returning officer Datuk Mahmud Mursidi announced the three candidates at 11.20am after rejecting three objections in the Taiping Town Hall yesterday.


Nizar, the Perak PAS deputy commissioner, was the first to arrive at the nomination centre at 8.45am, followed by Ismail at 9am and Kamarul at 9.20am.

Ismail was accompanied by Umno deputy president Tan Sri Muhyiddin Yassin, vice-president Datuk Seri Dr Ahmad Zahid Hamidi, BN's Perak Mentri Besar Datuk Dr Zambry Abdul Kadir and thousands of supporters while Mohammad Nizar was accompanied by PAS president Datuk Seri Abdul Hadi Awang, deputy president Nasharuddin Mat Isa and Perak state assembly speaker V.Sivakumar and their supporters.

About 2,000 BN supporters marched their way to the nomination centre with Ismail while Nizar was accompanied by about 10,000.

Said Muhyiddin: "Ismail is the best candidate the coalition can offer for Bukit Gantang. We try to meet every one voter to explain a few important matters like the status of the party, the correct interpretations of the constitution and other issues which we expect will be exploited by the opposition.

"We hope that the new BN leadership under the reign of (prime minister-in-waiting) Datuk Seri Najib Abdul Razak will be well received by the voters. If Ismail is elected, he would be able to raise problems faced by the people in parliament," he said, adding that he would also be campaigning in Bukit Selambau and Batang Ai.

Muhyiddin said he would be spending at least six days in Bukit Gantang as it is a big parliamentary seat which "we need to spend more time to talk to them and convince the voters to support us".

Nizar said democracy must be seen living through the ballot boxes of Bukit Gantang voters and this should reflect to the rest of the country that democracy is still alive in Perak.

"I have been a victim of BN's conspiracy to seize power in Perak which denied me the right to head the PR state government which is an insult to the intelligence of Perak voters who had made their choice of state government on March 8 last year.

"This wrong must be corrected democratically by the voters on April 7 and the BN must be taught a lesson that they cannot take the voters for a ride to fulfil their political agenda in the state," he added.

Nizar wants voters to stand united as Malaysians in their stand against the BN tactics of divide and rule for the past 50 years.

Earlier, DAP chairman Karpal Singh and his family visited Trong and was heading to the nomination centre when they were attacked by BN supporters with bottled drinks watched by the police.

No one was injured in the incident but Karpal later lodged a police report with the Larut Matang police district headquarters in the afternoon.

Penang Chief Minister and DAP secretary-general Lim Guan Eng said the PR was fighting an uphill battle against BN's powerful political machinery "which is hell bent on winning the seat through all means at its disposal".

He dismissed speculation that PR would win by a 5,000-vote majority as a BN propaganda to confuse and mislead the voters into a false sense of security.

The main roads leading to the nomination centre like Jalan Kota and Jalan Taming Sari were sealed to allow for the gathering of supporters.

It's no state or national referendum on BN, says Tee Keat.

Sunday, March 29, 2009

A referendum? It depends on who you ask - Malaysian Insider

March 29, 2009 By Debra Chong


TAIPING, March 29 – Not surprisingly, Datuk Seri Mohammad Nizar Jamaluddin, the Pas candidate for Bukit Gantang, called the parliamentary by-election a “referendum” for both the Pakatan Rakyat (PR) alliance and its arch-rival the Barisan Nasional (BN).

“This is a referendum for the people of Perak, especially in Bukit Gantang,” declared Nizar, who was nominated for the position after he was unceremoniously ejected from his menteri besar post last month.

“It’s for the people to show they do not want an administration that defies the rule of law,” added the Pasir Panjang assemblyman who maintains he is still Perak’s lawful chief executive and has taken the case to court.

However, newly-elected Umno deputy president and incoming deputy prime minister Tan Sri Muhyiddin Yassin, who led the top-level leaders from BN this morning, disagreed with Nizar’s view.

Who'll answer his question, Nizar? A Pas supporter at the nomination centre in Bukit Gantang today. - Reuters pic
“I don’t think that’s the right way of looking at it,” Muhyiddin said, adding that every by-election should stand on its own and should not be a reflection of any leader.

Nizar, 52, pointed out that the political gridlock in the state was caused by “a conflict between truth and falsehood”.

“Pakatan is the truth and falsehood is those who robbed power,” said Nizar, who said he was confident of victory.

Muhyiddin, on the other hand, was firm in explaining that the BN had not performed a coup d’etat as claimed by the opposition front but had followed the law in taking back the state.

Muhyiddin has been tasked by incoming prime minister Datuk Seri Najib Abdul Razak to head up all three by-election campaigns.

He told reporters he will be spending at least “five or six days out of the eight or nine” in Bukit Gantang, which despite his words, strongly signals the BN’s commitment to Perak.

Muhyiddin was also accompanied by the other two candidates for deputy Umno president, Tan Sri Muhammad Muhd Taib and Datuk Seri Mohd Ali Rustam.

Nizar was the first to file his nomination papers at the town council office here at 9.06am followed by BN’s Ismail Saffian at 9.20am and an unknown independent candidate, entrepreneur Kamarul Ramizu Idris at 9.35am.

He was escorted inside by his wife and the top leaders from PR, notably Pas president Datuk Seri Abdul Hadi Awang, PKR vice-president Mustafa Kamil Ayub and DAP father and son team Lim Kit Siang and Guan Eng.

Wheelchair-bound DAP chairman, Karpal Singh, arrived later, delayed by an incident where he claimed several uncouth youths from Umno had lobbed mineral water bottles at his van when his driver took a route passing through BN supporters.

Tri-elections: Scuffle in Taiping - Star

March 29, 2009

By SA’ODAH ELIAS, TEH ENG HOCK, SYLVIA LOOI and CLARA CHOOI

TAIPING: A small altercation broke out in front of the Taiping Municipal Council building here during the nomination process at 11am Sunday when Barisan Nasional supporters pelted water bottles at a vehicle ferrying DAP chairman Karpal Singh.

The crowd dispersed quickly upon police intervention.

Karpal, who filed a police report later, was unperturbed.

“We will campaign cleanly. Threats like that will not stop us.

“We were elected on record and not sympathy. It is their weakness and our substance that allowed us to lead in five states,” he said.

It will be a three-cornered fight between candidates from Barisan, PAS and a surprise independent candidate for Bukit Gantang.

Returning officer Datuk Mahmod Morsidi announced that Ismail Safian (Barisan), Datuk Seri Mohd Nizar Jamaluddin (PAS) and Kamarul Ramizu Idris had all qualified to contest the by-election.

Hundreds of police personnel, including those of the Federal Reserve Unit (FRU), kept a close eye on proceedings.

Newly elected Umno Youth chief Khairy Jamaluddin Abu Bakar was heckled by PAS supporters when he arrived at the centre.

The crowd got more riled up when Khairy waved at them. They had to be calmed down by PAS leaders as FRU personnel were put on standby.

The Bukit Gantang seat fell vacant following the death of incumbent Roslan Shaharom of PAS on Feb 9.

The constituency -- which is made up of the three state constituencies of Changkat Jering, Trong and Kuala Sapetang -- has 55,562 registered voters. Of that 62% are Malays, 27% Chinese and 19% Indians.

Friday, March 27, 2009

Nizar's refusal to return cars is result of 'misunderstanding', says SS - Malaysian Insider

IPOH, March 27 - The Perak state secretary says the refusal by former Menteri Besar Datuk Seri Mohammad Nizar Jamaluddin to return his official car until his legal case against Perak Menteri Besar Datuk Dr Zambry Abdul Kadir is ruled on by the court is a misunderstanding on the former's part.

State secretary Datuk Dr Abdul Rahman Hashim said Mohammad Nizar, as a party to the case, must surrender the official car first while waiting for the outcome of the case.

"If the court's decision favours him, then he can have the car. Ordinarily, he will also have the right to get due compensation," Abdul Rahman said in a press release here today.

He said the state constitution said that a official car must be returned to the state if an officer or member of the administration (Menteri Besar/executive councillors) was transfered to another department, retired or stepped down from a state government position.

"Even though the regulations require that a state vehicle be returned as soon as the person does not have a position normally a fair period is given on humanitarian grounds to enable the officer or former menteri besar or executive councillor to manage affairs like shifting and other personal matters," he said.

He said normally the officer would return the official vehicle in a period of one to two days or a week.

Abdul Rahman said up till now the Perak state secretary's office had sent three official letter to Mohammad Nizar besides making requests verbally that the Toyota Camry 2.4V with the number plate AGS 10 be returned.

"After the first letter was issued on Feb 5, a follow-up letter dated Feb 23 was issued to the former menteri besar. A third letter dated March 3 was issued but till now the car has not been returned," he said.

To date, he said, five cars - a Proton Perdana Executive, two Proton Perdanas, a Naza Sorento and a Mercedes Benz 4WD - used by the former menteri besar had been returned on Feb 23 while his official residence was handed over on Feb 27.

Abdul Rahman said the press release was meant to clear any confusion and queries by the public that Mohammad Nizar was alleging that he had the right to use the Perak menteri besar's official car.

"There is also information that I have received that says that Mohammad Nizar still receives salary and full allowances as Perak Menteri Besar. Also that a sign 'Official Residence of the Menteri Besar of Perak Darul Ridzuan' or something to that effect was fixed on his rented house," he said. - Bernama

Perak gridlock extends to pay freeze for rival governments - Malaysian Insider

IPOH, March 27 - With the Bukit Gantang parliamentary by-election just days away, the Pakatan Rakyat-controlled Perak Public Accounts Committee (PAC) today recommended to freeze the salaries of both rival governments.

The State Assembly PAC chairman Wong Kah Woh said the committee decided to freeze the pay for Menteris Besar Datuk Seri Mohammad Nizar Jamaluddin and Datuk Dr Zambry Abdul Kadir together with their respective executive councils.

"We want to avoid the double payment of their wages, allowances and any perks until the legitimate mentri besar and his exco men have been established," Wong told reporters here today.
The DAP's Canning assemblyman said all decisions made by the PAC were legally binding and state departments and officials had to abide by the committee's decisions which extended to Nizar's 10 fellow councillors and Zambry's six councillors.

To top it off, the PAC also ordered State Secretary Dr Abdul Rahman Hashim, who unceremoniously failed to turn up for the committee's meeting yesterday, to boot Zambry's three advisers and state information chief from their offices.

Wong said this was because the appointments of the four - Datuk Chang Ko Youn (Chinese affairs), Datuk S. Veerasingam (Indian affairs), Kapt (rtd) Datuk Mohd Najmuddin Elias Al-Hafiz (Islamic affairs) and Datuk Hamdi Abu Bakar (state information chief), were unnecessary.

"We feel that their tasks could have been given to the executive council members so their appointments are questionable," he added.

Wong said that the committee would prepare a report and present it to the next assembly sitting to be deliberated on and adopted. "This is for the purpose of formality," he said.

Wong was also quick to deny that the PAC was biased in arriving at its decision, although many may consider it so especially since the committee now only comprises PR members.

"We are not here to decide who the legitimate mentri besar is. We are only here to ensure that there is no wastage of public funds," he said.

The Perak Pakatan Rakyat has also accused the Ipoh City Council of misusing public funds when it employed 22 people to remove the coalition's memorial plaque for its 'democracy tree' - the rain tree that was the venue for its last assembly sitting after it was toppled from government.

He said the council ordered its workers to remove the plaque early Sunday morning on March 15 which meant overtime for the staff.

"Why do they need so many people when it only took four of us to erect the structure? And why were they so efficient that they had to do it on a Sunday?" he told a press conference today

Ngeh said that the discovery was made when Tebing Tinggi assemblyman Ong Boon Piow paid a visit to the council on Monday to collect the remaining structure of the plaque and PR's five signposts for their other five newly planted saplings.

"He was asked to pay RM830.40 - RM580.40 for the overtime claims of 20 council staff, the use of the excavator, the driver and RM250 as a fine," he said.

Ngeh also claimed that the council's act of removing the plaque as a way to exercise its powers under Section 46(1)(a) of the Street, Drainage and Building Act 1974 was illegal.

"The act allows the council to remove objects that pose as an obstruction.

"But you and I all know that the plaque was not an obstruction because if it were an obstruction, then the democracy tree itself is an obstruction too. Does this mean they will cut the tree?" he asked.

Report lodged over Nizar death threats - Star

March 27, 2009

BUKIT GANTANG: Perak Pakatan Rakyat has lodged a police report against a website’s death threat against Bukit Gantang parliamentary by-election candidate Datuk Seri Mohammad Nizar Jamaluddin.

Titi Serong assemblyman Dr Khalil Idham Lim Abdullah said yesterday that an article in the website made direct threats on Nizar’s life.

“We are taking it seriously,” he said after lodging a report at the Changkat Jering police station near here.

“Should anything happen to Nizar, we will take action against the blogger,” he said, adding that the blogger’s action was irresponsible.

He revealed that the blogger was a well-known person but declined to provide details.

Ridwan drops one case, will drop the other - Malaysian Insider

IPOH, March 24 - Judicial Commissioner Ridwan Ibrahim, the most junior judge to hear a constitutional case, has recused himself from hearing one case involving the Perak state speaker and is expected to do the same for a second case.

Lawyers said he recused himself from the Perak executive council's suit challenging the 12 to 18-month suspensions by Speaker V Sivakumar for "unconstitutionally" accepting their appointments.

It is also understood that Ridwan will recuse himself from the suit by Hee Yit Foong, Osman Jailu and Jamaluddin Radzi, who are now independents supporting Barisan Nasional (BN), challenging Sivakumar's claim that they resigned from their seats, once the file has been returned to Ipoh.
It comes on the back of yesterday's Federal Court decision to return the suit filed by three former Pakatan Rakyat (PR) assemblymen against the speaker to the Ipoh High Court.

This decision comes as the legal team representing Perak Menteri Besar Datuk Zambry Adb Kadir and his six exco members are applying for an identical referral to the Federal Court.

A member of the team, Faizul Hilmy Ahmad Zamri said that after meeting representatives from both legal teams in his chambers, Ridwan recused himself as he knew the apex court would reverse his decision as it did yesterday.

Ridwan had initially allowed the BN lawyer's application to refer the suit to the Federal Court despite Sivakumar's legal team that the state constitution had been used wrongly in the application.

The case has been transferred to Justice Datuk Wan Arfah Wan Ibrahim, who has set April 2 to hear an application to strike out the case made by Sivakumar.

Ridwan's role in hearing the cases had earlier raised eyebrows due to his junior status in the judiciary.

Perak PAC freezes Zambry and Nizar's salaries - Star

March 27, 2009

IPOH: The Perak Public Accounts Committee on Friday froze the wages of former and current Mentris Besar Datuk Seri Mohammad Nizar Jamaluddin and Datuk Dr Zambry Abdul Kadir with immediate effect.

The three advisors to Dr Zambry and state information chief Datuk Hamdi Abu Bakar were also ordered to vacate their offices at the state secretariat building here.

On Feb 23, the Perak PAC had said that it would an inquiry on March 5 to determine which of the two Mentris Besar and their executive councillors should receive salaries and allowances.

The PAC, chaired by DAP’s Canning assemblyman Wong Kah Woh, was also to enquire into the appointments of the three advisers and the information chief with the status of excos by Dr Zambry.

Wong had said Dr Zambry, former Mentri Besar Datuk Seri Mohammad Nizar Jamaluddin, State Legal Adviser Datuk Ahmad Kamal Md Shahid, State Secretary Datuk Dr Abdul Rahman Hashim, State Financial Officer Datuk Jamalludin Al Amini Ahmad, present and former excos would be called to the inquiry.

Sivakumar’s leave application hearing on May 28 - Star

March 27, 2009

KUALA LUMPUR: The leave applications by Perak State Assembly Speaker V. Sivakumar and six others for a judicial review to compel the Election Commission (EC) to hold fresh elections in Behrang, Changkat Jering and Jelapang will be heard on May 28.

High Court judge Lau Bee Lan fixed the date after the matter came up for mention in chambers on Friday.

A team of five lawyers led by Sulaiman Abdullah appeared for the applicants while senior federal counsel Azizah Nawawi and Amarjeet Singh appeared for the respondents the EC and independent assemblymen Jamaluddin Mohd Radzi (Behrang), Mohd Osman Mohd Jailu (Changkat Jering) and Hee Yit Foong (Jelapang).

Azizah said the respondents would be raising a preliminary objection on two grounds the locus standi (legal standing) of the applicants to file the suits and that there was no arguable case.

Sivakumar, Opposition assemblymen Chen Fook Chye, Tai Sing Ng and A. Sivanesan and three voters Ahmad Sabry Wahab (Behrang), Abdul Latif Ariffin (Changkat Jering) and Foo Hon Wai (Jelapang) had separately filed for the judicial review.

They want a declaration that the Behrang, Changkat Jering and Jelapang seats are vacant following the resignations of Jamaluddin, Osman and Hee, and an injunction to stop them from acting and carrying out the functions and duties of assemblymen.

They also seek a writ of “quo warranto” to compel the trio to show why they were still representatives of their constituencies and can carry out the responsibilities, functions and duties of assemblymen.

Jamaluddin and Osman won their seats on PKR tickets and Hee, under the DAP banner, in last year’s general election. Last month, they left their parties and pledged support for Barisan Nasional, leading to the collapse of the PAS-PKR-DAP coalition government in Perak which was then led by Datuk Seri Mohammad Nizar Jamaluddin.

On Feb 3, Sivakumar notified the EC that the three seats were vacant after receiving letters purportedly on the resignations of the trio.

The EC, however, doubted the resignations and refused to hold by-elections in the constituencies. - Bernama

Monday, March 23, 2009

Latest News: Nizar for Bukit Gantang

March 23, 2009



Nizar was announced as Pakatan Rakyat's candidate for P059 Bukit Gantang. This was announced by Dato' Seri Abdul Hadi Awang in front of more than 5,000 people gathered at a ceramah held in Simpang awhile ago.

Nizar Vs Zambry: Case will be heard in High Court - Star

March 23, 2009

Picture courtesy of Malaysian Insider

PUTRAJAYA: The Federal Court ruled on Monday that the case of who the rightful Mentri Besar of Perak is will be heard by the High Court.

The Federal Court ruled that issues involving the interpretation of Article 16 (6) of the Perak Constitution must be heard and decided at the High Court and can only be brought to the Federal Court by way of appeal.

The five-member bench presided by Court of Appeal President Tan Sri Alauddin Mohd Sheriff made the decision after allowing a preliminary objection by Datuk Seri Mohammad Nizar Jamaluddin's lead counsel, Sulaiman Abdullah, that the Federal Court was not seised of jurisdiction to hear the four questions to be referred to it for determination.

The court was to have heard today the four questions in Mohammad Nizar's suit challenging the legitimacy of Datuk Zambry Abdul Kadir's appointment as Perak mentri besar. Both Mohammad Nizar and Zambry were present.

In the unanimous decision, Justice Alauddin said the High Court judge had no power to make the order for the four questions to be referred to the Federal Court under Section 84 of the Courts of Judicature Act (CJA) because that section was confined to the Federal Constitution and not the state constitution.

He then set aside all the orders made by the Court of Appeal on March 20 including that which ruled that the four questions must be heard and decided by the Federal Court and remitted the case to the High Court, before the same judge, Lau Bee Lan.

On March 10, Justice Lau pronounced four constitutional questions to be determined by the Federal Court after Nizar filed a suit Feb 13 challenginging Zambry;s legitimacy.

Nizar wants court to consider 'correct' issues - NST

March 23, 2009 By : Jaspal Singh


IPOH: Datuk Seri Mohammad Nizar Jamaluddin will raise a preliminary objection at the Federal Court today to dissuade the judges from delving into the four constitutional questions referred to them by the High Court on March 10.

Speaking to reporters here yesterday, Nizar said the questions referred did not mirror facts, issues and questions of law which were to be tried arising from a judicial review he filed against Datuk Dr Zambry Abdul Kadir on Feb 13.

The ousted Perak menteri besar said even if the questions were answered by the Federal Court, it would not definitively decide on the dispute between him and Zambry.

The questions are:

- whether the withholding of consent to a request for the dissolution of the state legislative assembly of Perak under the Perak constitution by the Sultan of Perak is justifiable;
- if the answer to the question was in the affirmative, whether the withholding of consent by the Sultan of Perak was lawful;

- whether the appointment of the new menteri besar of Perak under the Perak constitution by the Sultan of Perak was justifiable; and,

- if the answer to this was in the affirmative, the next question was whether the new menteri besar was validly appointed.

These questions, formulated by Senior Federal Counsel Datuk Kamaludin Md Said, were objected to by Nizar's lead counsel Sulaiman Abdullah. Nizar said he would apply to the Federal Court to include questions from his side, too.

"The correct legal and constitutional question which the Federal Court should be concerned with is whether the office of the menteri besar may be and/or had been vacated.

"Since I am the aggrieved party here, I have every right to be heard fairly and justly," he said.

Nizar is seeking, among others, declarations that he is the menteri besar of Perak and that Zambry has no right to hold the same office, and an injunction to stop Zambry from carrying out duties of the menteri besar.

Sunday, March 22, 2009

RM61,000 raised at auction of broken pieces of 'democracy plaque' - Sun

By Humayun Kabir

IPOH (March 22, 2009) : Five broken pieces of the plaque erected at the Perak Pakatan Rakyat (PR) democracy tree were today auctioned off for a total of RM42,900 within an hour.

Auctioning of five pieces of broken democracy tree plaque by Pakatan Rakyat.

The biggest piece fetched the highest bid of RM17,100 while the lowest bid was RM5,200 for another piece.

When bidding started for the first piece at RM500, 11 bidders raised the price to RM6,800, bid by Ipoh businessman Khor Lian Sing, 45.

The second piece went to another businessman, D. Richard Jairaj, 67, who offered RM5,200 after three others made their bids.

The third piece with an opening price of RM5,000 attracted four bidders, with petroleum products businessman Lee Chee Seng, 55, offering RM6,800.

There were 14 bids for the fourth piece which retired teacher, C.B.Ang, 62, clinched with an offer of RM7,000.

Frankie Wong from the DAP who acted as auctioneer, opened bidding for the biggest and last piece at RM4,000, and after 19 bids, the item was sold for RM17,100 to a businessman who only identified himself as Lee.

Several hundred people were present for the auction near the tree behind the state secretariat building at 10am although it was scheduled for 11am.

Pakatan Rakyat's Perak Mentri Besar Datuk Seri Mohammad Nizar Jamaluddin officiated the auction, held in the presence of police and Special Branch

Later, DAP Taiping MB Ngah Kor Ming told the media a total of RM61,000 was collected from the auction as well as from donations from people in the wet markets on the city limits.

He said some of the money will be used for another plaque and PR will discuss its placement with Ipoh City Council.

The balance of the funds collected will be placed in a legal fund for PR.

Sivakumar causes tremendous headache to Umno - Malaysian Insider

Poster by Mohamed Hanipa Maidin

MARCH 22 - Perak constitutional crisis has produced an outstanding hero. The hero is none other than the Perak's speaker V. Sivakumar. Why not ? This man has really made the life of Umno in a terrible chaos.

Since the crisis started. Umno has resigned to the fact that it could not face Sivakumar alone.

Thus it has to use (read abuse) all the powers at its disposal to wage a war against Sivakumar.

First of all Umno used the Election Commission (EC) to frustrate Sivakumar's ruling on the resignation letters of the three defectors. Those who are familiar with the Perak Constitution know that the resignation letters of those three defectors were valid under Article XXXV of the Perak's constitution. Article XXXV only requires two conditions in order to ascertain the validity of any resignation letter issued by any assemblyman.

First there must be a letter signed by a state assemblyman and secondly such a letter must be addressed to the Speaker. As far as the three defectors' resignations were concerned these two requirements had been fulfilled thus prompting Sivakumar to declare such letters to be valid . When the letters were valid the EC had no other option but to declare by elections.

The EC has no power to question the validity of the resignations. It was not the statutory function of the EC to go beyond the four corners of the resignation letters .Under the law the EC was bound to accept the decision of V. Sivakumar .

By failing to hold by elections the EC has abdicated its constitutional duty. It unjustifiably usurped the power of the Perak' speaker.

Even the EC's former Chairman conceded that the former has no power to question the validity of the speaker's ruling. As the EC was bound to follow Umno's script it has no other option but to refuse by elections.

Despite the fact that the EC managed to set aside the decision of Sivakumar the latter's power has not been diminished . Everybody knows Umno desperately wants to convene the State Assembly.

Umno needs to go there for one purpose only namely to pass a vote of no confidence against Dato Sri Nizar. Yet hitherto Sivakumar has been the only impediment for Ummo to go to the State Assembly.

Umno has been extremely worry should Sivakumar flex his muscle. And flexing his legal muscle was what Sivakumar did.

Thus when Sivakumar made a decision to suspend Zambry and six others Umno has to face a very painful lesson i.e never underestimate the speaker's power. Umno received a fatal blow by such a powerful decision by Sivakumar.

Overwhelmed by Sivakumar's move Umno asked police to find whatever reasons to threaten him.

Of course every body knows the police could find none. Yet since the script mandates the police investigation on Sivakumar , the police has to find whatever flimsy reasons in one way or another.

Thus Sivakumar was unnecessarily subject to police investigations for two hours.

But Umno was still unhappy. Sivakumar needed to be further "turned over" ( sounds familiar ) by a Malaysian Anti Corruption Commission ( MACC ) .

Thus Sivakumar was once again subjected to another two hours interrogations and this time by MACC .

Of course in pressuring MACC to investigate Sivakumar, Umno sought to break a new record - the first ever speaker in Commonwealth countries ( or may be in the world ) who has been investigated for carrying out his official and constitutional function.

Despite abusing the EC, Police and MACC respectively , Umno has still failed to obtain its desired goal . Umno wanted badly to go to the State Assembly in order to pass a vote of non confidence against Nizar. Yet hitherto Sivakumar has become the sole stumbling block for Umno to achieve its ends.

In another spectrum, Sivakumar's confidence in frustrating Umno's plan of action has gained a new momentum.

Nothing could prevent him be it the EC, Police, MACC or whoever. Instead of taking a defensive stand, he switched to an attacking mode. Armed with legal power vested upon him, he summoned an emergency meeting of the assembly . Such a brilliant maneuver by Sivakumar left Umno in quandary. It was really a bombshell to Umno.

Umno desperately needed somebody, whoever he is, to counter such a move. Running out of viable options , Umno turned to the Secretary of the State Assembly to make an announcement .

Thus came an unprepared statement by this poor guy that Sivakumar has no power to summon the emergency meeting. Being subordinate to Sivakumar the secretary of the assembly has no business at all to make such a ridiculous statement. Of course making a stupid statement was also part of the script !!

But such a statement did not deter Sivakumar. Despite police handedness in obstructing Sivakumar to convene the assembly, he ultimately managed to hold it notwithstanding under the tree.

The legal fraternity endorsed such an assembly and held that such a meeting was constitutional and valid. The assembly prompted Umno to resort to a reluctant choice i.e going to a court of law.

Going to court means Umno has to face a painful reality - asking the court to review unreviewable decision of the speaker.

If the court really follows the law ( that I was told in law school ) the court will have no choice but to decide in favour of Sivakumar simply because it is trite law that the decision of the speaker is non justiciable.

Umno knows very well that to win the court's battle it needs to avoid Sivakumar from being represented by a lawyer of his own choice.

If Sivakumar retained his own lawyer Umno would not be able to control the game. Thus by hook or crook Sivakumar needed to be represented by the State Legal Adviser.

Thus Umno's lawyers vehemently opposed Sivakumar from being represented by Tommy Thomas etl. Even when Sivakumar decided to represent himself the same was also objected to by Umno's lawyers. Unfortunately the Judicial Commissioner bought the Umno's arguments.

NST reported his position was thereafter confirmed. What a twist of fate !!!

The victory in Perak's high court was indeed a relief for Umno. Nevertheless it was only shortlived. The court of appeal subsequently held that Sivakumar has the right to be represented by a private lawyer.

Umno retaliated. It asked the same Judicial to refer the matter to the Federal court. Going to the Federal court straight away means Sivakumar has no more avenue to appeal should the decision is not in his favour.

Now the ball is in the Federal court. The Federal court may decide against Sivakumar. However the Federal court cannot run away from this apt advice by Justice Aharon Barak..

"Judges must act according to the law…when we sit to judge, we are being judged."

And judging the Federal court judges is what the people are going to do now.

Almost RM43,000 collected in tree auction - Malaysian Insider

Going, going….gone! Pakatan Rakyat members auctioning five shards of the 'democracy plaque' that had been erected under a rain tree to mark the historic emergency sitting of the Perak State Legislative Assembly last month. - Picture by Choo Choy May

By Debra Chong


IPOH, March 22 - Five shards of the Pakatan Rakyat (PR) erected democracy plaque here went on the auction block today. The highest bid stood at RM17,100.

A Johor based businessman who only wanted to be known as Lee collected the prized black marble inscription, widely seen to be a symbol of democracy for the ousted PR government.

But he told reporters he was only a proxy for "a friend."
He refused to divulge further details.

But it is believed the new owner originates from the Perak royal town of Kuala Kangsar.

The auction was organised by the DAP and launched by Datuk Seri Nizar Jamaluddinn who maintains he is the lawful mentri besar of the state.

It was held under the shade of the rain tree at Persiaran Istana opposite the Perak state secretariat.

Bidding started from RM500.

The amount collected from the auction was almost RM43,000.

It will be used to build a "new greater more lasting monument" to democracy, said Nizar.

Sunday, March 15, 2009

Ipoh City Council demolished plaque under Tree of Democracy - Sun

IPOH (March 15, 2009) : The Ipoh City Council (DBI) today demolished a black marble plaque erected by Pakatan Rakyat to mark the controversial state assembly emergency sitting under a raintree on March 3.



Perak Local Government Committee chairman Dr Mah Hang Soon said the marble slab structure contravened the Road, Drainage and Building Act 1974 as it was deemed an obstruction in a public area.

"I do not treat this as a special case as appropriate action will be taken according to the law if any structure is erected in the capital without the council's permission," he said.

The council ordered the demolition of the structure under a raintree dubbed the "Tree of Democracy" by the opposition by sticking a notice on the tree on Friday.

The notice which was signed by DBI legal advisor Syahrul Azrin Ghazali gave the owner 24 hours to demolish the structure, failing which the council would take steps to remove the structure and charge PR for labour and other costs.

The structure was unveiled by former Perak Mentri Besar Datuk Seri Mohamad Nizar Jamaluddin near the state secretariat on March 8, to mark the tree where on March 3, State Assembly Speaker V Sivakumar had convened the emergency meeting under the raintree after the Pakatan Rakyat assemblymen were prevented by police from entering the Perak State Assembly to the emergency sitting.

The state assembly meeting under the tree later passed three resolutions calling for the dissolution of the state assembly and calling for fresh state elections to be held.

It also upheld a decision of the State Rights and Privileges Committee to suspend Barisan Nasional Mentri Besar Datuk Zambry Abdul Kadir and his six exco-members from state assembly sittings for 18 months and 12 months respectively.

A DAP spokesman said that an excavator was used to fork out the plaque together with its foundation at about 6am today.



The plaque has been vandalised twice, the first time the plaque was smashed with a hammer and the second time on Saturday tar was splashed over the broken black marble slab, blotting out most of the words describing the historical state assembly sitting.

The PR exco members had also planted five trees named transparency, justice, integrity, trustworthiness and welfare nearby to the “Democracy Tree” which were also not spared by the DBI today.

Yesterday, saw the arrival of tourist buses from as far as Singapore and Penang to visit the historical site and take photos while today saw the arrival of about 500 'tourists' from as far as Kuala Lumpur, to take snap shots of the site.

Many were disappointed when told that the black marble plaque has been removed by the council early this morning.

However their enthusiasm of their visit to the site, did not die off and they continue to take photos of the historical tree with their family members.

Saturday, March 14, 2009

Ipoh council serves notice to a tree - Malaysian Insider

IPOH, March 14 — The Ipoh City Council has now taken its turn to fuss over Perak’s democracy plaque, claiming that the structure was an obstruction in a public area.



The council pinned a notice on the “Democracy Tree” late yesterday evening, informing the “owner” of the plaque to remove the monument within 24 hours before it gets destroyed.

Pakatan Rakyat has chosen to laugh at the council’s method of serving the notice to the tree instead of to an individual however, and said that it would ignore the notice.

“None of us, not one person from any PR party, received the notice.

“The notice was addressed to the owner of the plaque and yet the council served it to the tree, as if the tree owns the plaque.

“In that case, I guess they expect the tree to take heed of their notice and destroy the plaque,” joked Perak DAP secretary Nga Kor Ming to reporters at a press conference today.

He said since no such notice had been given to any of the PR parties, nothing would be done about the plaque.

The notice claimed that the plaque, erected on a road reserve, was illegal because PR had not applied for a permit from the council.

It also said that the structure posed an obstruction to the public and hence contravened Section 46(1)(a) of the Road, Drainage and Building Ordinance 1974.

“It is true that we have to obtain permission from the council but since the council is now run by the Barisan Nasional, it is pointless for us to apply for such a permit,” said Nga.

He added that sources in the council had already informed him that the PR did not stand a chance of obtaining the permit.

“If they destroy the plaque, we will simply build a new one.

“In fact, if they destroy one, we will build two. If they destroy two, we will build four. They cannot stand in our way,” he said.

Meanwhile, earlier today a delegation of Cheras PKR division members paid a visit to the democracy tree.

The division’s Wanita wing contributed RM500 to the democracy plaque building fund and another RM500 to the Bukit Gantang election machinery.

Dr M says Perak grab unlawful - Malaysian Insiders

Dr Mahathir shows a keris he received as a souvenir at the event. — Picture by Choo Choy May

By Shannon Teoh

KUALA LUMPUR, March 14 — More than a month after Barisan Nasional ousted Pakatan Rakyat from Perak, former Prime Minister Tun Dr Mahathir Mohamad today said the takeover was not done according to the law.

He said mistakes, bad strategy and carelessness in the Feb 5 power grab, orchestrated by Deputy Prime Minister Datuk Seri Najib Razak, had led to the current crisis in the state.

"You cannot topple a menteri besar or a prime minister without a no-confidence vote in the assembly. There is no other provision," he said at a function organised by Mubarak, the association for former elected representatives.

"Umno-BN was too careless and did not wait for an assembly but instead asked the Ruler to sack the menteri besar," he said, referring to Sultan Azlan Shah's decision to ask Datuk Seri Nizar Jamaluddin to resign.

"As far as I know, there is no such provision in the Perak or Federal Constitution," he said.

Dr Mahathir said that BN should have done it properly and not "be in conflict with the law" as the courts may now rule that the Sultan has no right to sack a menteri besar.

He added that a Sultan could only reject a candidate for one of his choice after an election but even this candidate could be defeated in the assembly by a vote.

The veteran politician said BN should have "followed the laws of the country, especially the constitution."

"Because this may be in conflict with the law, we find that people will not comply. Because we started on the wrong foot, people are now against us," said Dr Mahathir, who quit Umno last year in a long-running feud with his successor Datuk Seri Abdullah Ahmad Badawi.

The Perak power grab is now mired in a series of lawsuits, with both sides claiming to be the legitimate government.

Six people have also been charged with insulting the Perak Ruler after he backed BN to govern the state. One has pleaded guilty and was fined RM10,000 yesterday while five others claimed trial.

Umno has said those who opposed the Sultan's decision are committing treason.

Former councillors slackers, says Nizar - Star

March 14, 2009

IPOH: Ousted Perak Mentri Besar Datuk Seri Mohammad Nizar Jamaluddin has lashed out at his two former executive councillors, accusing them of being slackers when they were in government.

He claimed Jamaluddin Mohd Radzi and Kapt (rtd) Mohd Osman Mohd Jailu were under-performers.

“You can ask the ex-officios — they know. Many of the duties in their portfolios were not carried out,” he told reporters after inspecting the damaged marble plaque beneath Pakatan Rakyat’s “Democracy Tree” here, yesterday.

Pieces of memory Perak State Assembly Speaker V. Sivakumar inspecting a vandalised marble plaque in Ipoh yesterday. Vandals have allegedly damaged the plaque put up in front of Pakatan Rakyat’s prized ‘Democracy Tree’ to mark the historic open-air assembly sitting on March 3.


Nizar also rebutted a recent statement from Mohd Osman claiming that the DAP and PAS dominated all decisions made during exco meetings.

“In the 11 months that we were running the state, all decisions made in the exco were collective.

“Many policies were based on the togetherness of Pakatan,” he said.

Vandals hit Perak’s Democracy Tree - again - Star

March 14, 2009 By CLARA CHOOI

IPOH: Vandals hit the plaque under Perak’s Democracy Tree for the second time early Saturday morning by splashing a black liquid over the broken black marble slab that marked the historic State Assembly sitting under its boughs on Mar 3.

Former executive councillor Nga Kor Ming (DAP-Pantai Remis) said it had yet to be determined if it was black paint or a corrosive liquid.

However, there were video footages of the vandals targetting the plaque - both times, he said.

“We will make a police report, most likely on Monday,” he told reporters.

The black liquid has blotted out most of the words describing the purpose of the plaque that was inscribed on the slab.

The vandal had also broken off more of the plaque, leaving most of its edges in pieces on the ground.

However, Nga revealed Saturday that when the plaque was erected last Sunday, Pakatan Rakyat had already anticipated such a thing would happen and had the foresight to install a CCTV camera facing the tree.

Nga, who salso Perak DAP secretary, said the camera had captured the man who had first broken parts of the marble plaque in the wee hours of Friday morning.

"According to the image we captured, a car arrived and parked near the tree at about 1.30am.

"Then the driver switched off the car lights, got down from the vehicle and used something that looked like a hammer to smash the plaque," he said.

On Saturday’s incident with the black liquid, Nga said he had yet to check the latest footage captured on the CCTV.

He said that the DAP Socialist Youth would lodge a police report on both the incidents on Monday.

Nga also said that the Pakatan planned to take better preventive measures to protect the remaining plaque and the tree.

"We will install a better camera so that the images are clearer and if feasible, we may also install a spotlight there," he said.

Meanwhile, Nga said that Pakatan would ignore the notice pasted on its 'Democracy Tree' by the Ipoh City Council on Friday evening.

The notice ordered the owner of the plaque to remove the structure within 24 hours or risk having the council destroy it.

The notice claimed that owner of the structure had contravened Section 46(1)(a) of the Road, Drainage and Building Act, which disallowed the construction of such a monument without prior permission for it caused an obstruction in a public area.

"However, they did not serve me or any of the Pakatan parties this notice. Weirdly enough, they served it to the tree, as if the tree was the owner of the plaque.

"Since they did that, it is like they are asking the tree to destroy the plaque. We will ignore this," he said.

On the construction of a new plaque, Nga said that the DAP had already raised more than RM1,000.

"Those who are willing to donate to us can make out their cheques to DAP Perak, write 'Tabung Pembinaan Monumen Demokrasi' behind it and bank it into the Public Bank account 311-044-1003," he said.

Bkt Gantang: Ismail Safian is Barisan candidate for by-election - Star

March 14, 2009 By SYLVIA LOOI

TAIPING: Solid Waste Management and Public Cleaning Corporation human resources director Ismail Safian has been named as the Barisan Nasional candidate for the upcoming Bukit Gantang parliamentary by-election.

Announcing the name during a meet-the-people session at Simpang near here on Saturday, Deputy Prime Minister Datuk Seri Najib Tun Razak said with Ismail as the candidate, Barisan stood a better chance of winning back the seat, which was previously won by PAS.

“The most important thing is the candidate can work with the divisions leadership to cut down on friction or suspicion,” said Najib, who is also Perak Barisan chief.

While Barisan had considered several names before deciding on Ismail, Najib said one of the criteria was Ismail being a local boy.

“We surveyed and shared opinion with other leaders before deciding on him,” he added, noting that division leaders also gave their full support on Ismail’s candidacy.

Najib also said that as a pre-condition for Ismail’s candidacy, he was not supposed to contest the Bukit Gantang Umno division chief post.

In a separate press conference, Ismail, 48, said he had no qualms about being barred from standing for the division chief’s post.

“My resolution is to serve the people of Bukit Gantang to the best of my ability,” said the Universiti Sains Malaysia graduate from the Housing, Building and Planning faculty.

Asked to rate his chances, Ismail said Barisan stood a good chance of reclaiming the seat as the people had realised that the opposition had cheated them.

“My survey among people of all races confirmed that,” he said, adding that the support now was better than last year.

The father of three girls and two boys, aged between 24 and 10, is now the deputy Kampung Kubu Umno branch chairman.

He joined Umno in 1982 and became Bukit Gantang Umno divisions Youth secretary in 1984.

His highest position in the party was the division’s information chief, which he held between 2004 and 2008.

The Bukit Gantang parliamentary seat fell vacant following the death of its former MP Roslan Shahrum on Feb 9.

The Elections Commission has fixed March 29 as nomination date while polling date falls on April 7.

Friday, March 13, 2009

Sivakumar can appoint his own lawyers - Malaysian Insider

By Debra Chong

PUTRAJAYA, March 13 — The Court of Appeal today set aside the Ipoh High Court order compelling Perak Assembly Speaker V. Sivakumar to use the state legal adviser in court proceedings.

The three-member panel of judges consisting of Datuk Md Raus Sharif, Datuk Abdull Hamid Embong and Datuk Ahmad Ma’arop made their decision after a 30-minute break. It was unanimous.

“We find no provision in any law that states the speaker must be represented by the state legal adviser. Under the Government Proceedings Act, the speaker is not a state officer or the government of the state.

“The appellant is at liberty to engage his own private advocates and solicitors,” Raus read aloud in open court.

Sivakumar, who is embroiled in numerous lawsuits both in the Ipoh and Kuala Lumpur high courts, was represented by an eight-member team of lawyers led by constitutional expert Tommy Thomas.

Thomas also asked the Court of Appeal to order the Ipoh High Court to fix a new judge to replace judicial commissioner Ridwan Ibrahim to hear two suits against Sivakumar.

Ridwan, who made the controversial decision in chambers barring Sivakumar from using any lawyers other than the state legal adviser Datuk Ahmad Kamal Md Shahid, has become a figure of public scrutiny.

Raus, who headed the panel of judges, refused the request, but said Sivakumar could apply for one at the Ipoh court.

The Ipoh High Court is set to hear the suit, filed by the three elected representatives from Behrang, Changkat Jering and Jelapang against the speaker for falsely declaring their state seats vacant, on Monday.

A second suit, filed by Perak Menteri Besar Datuk Zambry Abdul Kadir and his six Barisan Nasional executive council members against Sivakumar has been fixed for March 23.

Lawyers for Sivakumar declined to comment if they will apply to remove Ridwan from hearing either suits.

“We’ll see what happens on Monday,” was all Chan Kok Keong, who heads Sivakumar’s team in Ipoh, offered.

Democracy Tree plaque vandalised

Posted By Lim Kit Siang

After five days, the Democracy Tree plaque in Ipoh has been vandalised.

The vandals came in the small hours of the night and smashed into smithereens the top portion of the democracy plaque, leaving behind a “democracy relic”. (pic)

How contemptible.

Everybody knows who are the dastardly masterminds of the latest sacrilege against democracy in Perak and Malaysia.

Before ...


After it was vandalized ...

Court of Appeal: Sivakumar can have private counsel - Star

March 13, 2009

PUTRAJAYA:The Court of Appeal on Friday held that Perak State Legislative Assembly Speaker V. Sivakumar can engage private lawyers to represent him in two civil suits brought by Datuk Dr Zambry Abdul Kadir and six state executive councillors and three independent assemblymen.

Justices Datuk Md. Raus Sharif, Datuk Abdull Hamid Embong and Datuk Ahmad Maarop unanimously held that there was no provision in law to say that the speaker must be represented by Perak legal adviser Datuk Ahmad Kamal Md Shahid.

"A speaker is not a state officer or the Government of the state. Sivakumar is at liberty to engage lawyers of his choice," Raus said in his oral decision allowing Sivakumar's appeals to set aside the Ipoh High Court's ruling that only the State Legal Adviser can represent him.

On March 3 and 5, Judicial Commissioner Ridwan Ibrahim refused to allow private attorneys to represent Sivakumar.

Zambry and the six state Exco had brought a suit against Speaker seeking a declaration that the Speaker's decision in suspending and preventing them from attending the assembly's sittings for 18 months (for Zambry) and 12 months (for the rest) is null and void.

The other suit was brought by the three independent lawmakers Jamaluddin Md Radzi, Capt (R) Mohd Osman Jailu and Hee Yit who wanted the court to declare that their Behrang, Changkat Jering and Jelapang seats are not vacant and that they are still the legitimate people's representatives.

This followed the Speaker's announcement last month that they had vacated the seats after Jamaluddin and Osman quit Parti Keadilan Rakyat and Hee left DAP. - Bernama

Thursday, March 12, 2009

'Internal conflicts made us leave PR', say duo - Sun

By Humayun Kabir

OSMAN SAYS:
> COUSINS NGEH AND NGA DOMINATED EXCO MEETINGS
> HE AND JAMALUDDIN WAITED 10 MONTHS HOPING FOR CHANGE IN PR
>THEY WERE NOT OFFERED POSTS AND MONEY

TAIPING (March 12, 2009) : Internal problems, including alleged obsession with power by certain Pakatan Rakyat state executive councillors, were the main reasons why the two former Parti Keadilan Rakyat (PKR) assemblymen left the party to become independents.

Changkat Jering assemblyman Mohd Osman Mohd Jailu said he and Behrang assemblyman Jamaluddin Mohd Radzi left PKR because they were unhappy with the state of affairs in the state executive council.

Speaking at a gathering of about 100 people at Kampung Air Kuning near here today, Mohd Osman claimed that the majority of the decisions taken at the state exco meetings were made by senior exco members Datuk Ngeh Koo Ham and Nga Kor Ming who "dominated" the meetings.

Osman claimed that even some decisions made by former Mentri Besar Datuk Sri Mohammad Nizar Jamaluddin were overruled by Ngeh and Nga, who are cousins.

In what is believed to be his first public address since becoming an independent, Osman was overcome by emotion several times and had to pause before continuing his 20-minute speech. Also present was Mentri Besar Datuk Zambry Abdul Kadir.

Osman said he and Jamaluddin were unhappy with the way exco meetings were conducted because the opinions of the majority of the members were not sought and decisions were made only by a few.

Saying he had always been a strong critic of the Barisan Nasional during his 10 years as a PKR member, Osman said he and Jamaluddin did not come to a sudden decision to become independents.

"We waited for 10 months hoping that a change will come in the administration of the PR state government, but this did not materialise," he said.

After discussing the matter with their families and friends, they decided to become independents, he added.

Osman said he did not leave because he was offered posts and money, as alleged by certain quarters, but because of his love for the "religion and race, and the voters who had high hopes of Pakatan Rakyat fulfilling its election promises".

Internal problems in the PR, rather than outside political influence, were the main reason for their departure, he claimed.

Osman claimed that his main concern was to serve the voters in his area and he felt he could only do so as an independent and with the help of BN.

He said he was surprised when Jelapang assemblywoman Hee Yit Foong also left DAP to become an independent.

The departure of the trio resulted in the collapse of the PR state government.

Perak Assembly Speaker V. Sivakumar had subsequently declared the three state seats of Jelapang, Changat Jering and Behrang vacant but the Elections Commission declared otherwise.

The three independents have since filed a suit in the Ipoh High Court claiming that their seats are not vacant as declared by Sivakumar.

Both Osman and Jamaluddin were charged with 16 counts of corruption last August with four others.

The charges included soliciting or accepting bribes of between RM400 and RM100,000 between Aug 6 and 19 as incentives to help businessman Mohamad Imran Abdullah obtain a contract to develop 36ha in Seri Iskandar from the Perak Tengah district council. The trial has been fixed for June 15 and 16.

Ridwan courts infamy with his judgments — The Malaysian Insider

MARCH 12 — When Judicial Commissioner Ridwan Ibrahim put Perak state assembly Speaker V Sivakumar in a straitjacket and curtailed his powers, two of Malaysia’s most illustrious judges must have been turning in their graves.

Tan Sri Chang Min Tat and Tan Sri Eusoffe Abdoolcader were legal giants, men of integrity, honesty, professionalism and whose legal judgments stood up to the closest scrutiny.

They were also among the judges who steadfastly upheld the position that the courts should not interfere or question the proceedings of Parliament or a state assembly, giving life to the doctrine of separation of powers between the executive, legislature and judiciary.

If Ridwan is interested, the score is 5-0 against him. A check shows that five cases have been brought before the courts by politicians seeking a variety of restraining orders and injunction. The plaintiffs wanted the courts to stop a defendant from dissolving the legislative assembly; wanted an order of prohibition against members of the Committee of Privileges and an injunction to restrain the removal of a Speaker.

In all the cases, the courts were loath to interfere, relying heavily on Article 72(1) of the Federal Constitution which reads: “The validity of any proceedings in the Legislative Assembly of any state shall not be questioned in any court.’’

The five cases were:

•Fan Yew Teng v Government of Malaysia.

•Lim Cho Hock v Speaker, Perak State Legislative Assembly.

•Tun Datu Haji Mustapha bin Datu Harun v Legislative Assembly of State of

Sabah.

•Tun Datu Haji Mustapha bin Datu Harun v Tun Datuk Hj Mohamed Adnan

Robert.

•Haji Salleh bin Jafaruddin v Datuk Celestine Ujang.

In the Lim Cho Hock case, the plaintiff sought a declaration that the offices of the Menteri Besar and President of Ipoh Municipal Council cannot be held by the same person. He also wanted the court to rule that the appointment of the MB as President of the Council was null and void and that the state authority had exceeded its powers in making this appointment.

Justice Abdoolcader ruled that it was clear that the courts have no jurisdiction over proceedings of the legislative assembly.

It is not only in Malaysia that the courts have held that it was wrong and improper for actions or proceedings of the legislature to be questioned. Courts in India, Australia, Canada and New Zealand also have stayed true to this principle in cases such as Prebble v Television New Zealand, P V Narasimha Rao v State, Harnett v Crick.

So when Judicial Commissioner Ridwan Ibrahim granted an order restraining Sivakumar from convening any unlawful meetings, he was entering unfamiliar territory and he was going against legal precedent and the constitution.

Barisan Nasional officials and their supporters argue that Sivakumar overreached and acted outside his jurisdiction when he accepted the undated resignation letters of three Pakatan Rakyat lawmakers.

They also argue that Sivakumar’s decision to suspend Datuk Zambry Abdul Kadir and his six executive council members was unconstitutional and against the state constitution.

The only snag is that the Perak state constitution makes clear that “there shall be freedom of speech and debate or proceedings in the assembly and such freedom of speech and debate or proceedings shall not be liable to be impeached or questioned in any court or tribunal out of the assembly’’.

So can nothing be done against a rampaging Speaker? Isn’t there some action that can be taken against a partisan Speaker?

Of course, there is. Just not through the courts.

So how did Barisan Nasional react after the courts ruled in the five cases that proceedings in the legislature should not be questioned by the courts?

They did nothing because they were the beneficiaries.

Wednesday, March 11, 2009

Court rules for third time Sivakumar public servant - Sun

by Humayun Kabir

IPOH (March 11. 2009) : The High Court here today ruled for the third time in nine days that Perak State Assembly Speaker V. Sivakumar is a public servant and must engage the services of the state legal adviser, and not represent himself, in the lawsuit brought against him by three independent assemblymen.

Judicial Commissioner Ridwan Ibrahim reaffirmed in his chambers his two previous decisions last week that Sivakumar is a public servant of the Perak government and can only be represented by the State Legal Adviser under Section 24(3) of the Government Proceedings Act, which states that in civil proceedings by or against the government, the State Legal Adviser shall act on the public servant's behalf.

On March 3, Ridwan ruled that Sivakumar’s private lawyers had no locus standi to represent him in an application filed by Mentri Besar Datuk Zambry Abdul Kadir.

Again, on Thursday, Ridwan made a similar ruling when the three assemblymen -- Mohd Osman Mohd Jailu (Changat Jering), Jamaluddin Mohd Radzi (Behrang) and Hee Yit Foong (Jelapang) -- filed a suit seeking a declaration that they were still elected representatives and their state seats are not vacant as declared by Sivakumar.

The three assemblymen had declared themselves as independents friendly to the Barisan Nasional.

Ridwan had also stated that as Sivakumar is drawing his salary from the consolidated fund of the Perak state government, it makes him a government servant of the state.

Ridwan also fixed next Monday to hear two related applications -- one by Sivakumar asking for the suit by the three assemblymen to be struck out, and the other an intervention application by three former Pakatan Rakyat state executive councillors and three registered voters.

Three three former exco members -- A. Sivanesan (Sungkai), Tai Sing Ng (Kuala Sepetang) and Chen Fook Chye (Keranji) -- were members of the PR state executive council when Mohd Osman, Jamaluddin and Hee declared themselves as independents, which resulted in the takeover of the state government by Barisan Nasional.

They claimed the action cost them their posts and their incomes. Also, because they are registered voters and taxpayers in Perak, they should be allowed to join in as interveners in the proceedings filed by Mohd Osman, Jamaluddin and Hee.

The other three interveners are registered voters Ahmad Sabri Wahab, from Behrang, Abdul Latip Arifin, from Changat Jering, and Foo Hon Wai, from Jelapang, who said in their applications they are registered voters and ratepayers in their respective constituencies.

The six are applying to the court to allow them to be interveners in the suit brought by the three plaintiffs. They want the plaintiffs to serve them all the documents related to the suit.

They are also seeking permission from the court to hear their pleadings and affidavits.

Ridwan also allowed lawyers Nga Hock Cheh and Leong Cheok Keng to hold a watching brief for Perak DAP in the two applications on Monday.

Assistant State Legal Adviser Zulkarnain Hassan was present in court today and when Sivakumar asked Zulkarnain why he was representing him without his authorisation, Zulkarnain said he was just following the court’s directive.

The six interveners were represented by lawyers Mohamed Hanipa Maidin (for Sivanesan), Edmund Bon (Tai), Zulqarnain Lukeman (Chen) and Amer Hamzah for Ahmad, Abdul and Foo.

At a press conference, lawyer Chan Kok Keong said they will file an appeal against Ridwan's decision to the registrar of the Appeal Court in Kuala Lumpur for a early hearing.

The three plaintiffs were represented by Datuk Hafarizam Haron, Syed Faisal Syed Abdullah, Abu Bakar As-Sidek, M. Reza Hassan, Badrul Hishah Abdul Wahab and Faizul Hilmy Ahmad Zambri, the same lawyers representing Zambry.

Perak speaker not allowed to represent himself - Malaysiakini

Mar 11, 09 6:44pm

The Ipoh High Court has ruled Perak assembly speaker V Sivakumar cannot represent himself after he was earlier barred from appointing his own lawyers.

Judicial Commissioner Ridwan Ibrahim made the decision after lawyers for three pro-BN independent assemblypersons objected to the speaker's application to represent himself today.

Sivakumar has been barred from being represented by private lawyers in a litigation by the three assemblypersons who had filed a suit against him for declaring their seats vacant.

Sivakumar has been asked again by the same judge to instead seek the services of the state legal adviser.

The decision was made in spite of Sivakumar’s protests that this would deprive him of his right to present his case as the state legal adviser would not have his best interest at heart.

The three assemblypersons - Behrang MP Jamaluddin Mohd Radzi, Changkat Jering assemblyperson Mohd Osman Mohd Jailu and Jelapang assemblyperson Hee Yit Fong - had resigned from Pakatan Rakyat last month and declared their support for BN, leading to the BN taking over the state government.

He can only speak through gov't lawyer

In today’s hearing, Sivakumar had by himself filed an application to strike out the suit.

When Sivakumar asked the state legal adviser to apply for an adjournment of the hearing, the state legal adviser refused and said that this was up to the court’s discretion.

After the judge ruled that Sivakumar can only speak through the state legal adviser, the Perak speaker's lawyer Chan Kok Keong - who was there as his aide - had to withdraw from the proceedings.

Sivakumar has filed an affidavit replying to the allegations raised by the plaintiffs, relying on section 72 of the Federal Constitution which provides that his actions in the State Legislative Assembly could not be brought to court.

The application of the three pro-BN assemblypersons included, among other things, a declaration that they are still the legal assemblypersons for Behrang, Changkat Jering and Jelapang respectively.

Alternatively, the application called for the declaration that the seats were “not vacant”.

The court will hear matters relating to the case next Monday.

Meanwhile, Chan will be filing an appeal either tomorrow or Friday for the court to reconsider allowing Sivakumar to represent himself.

Bid to compel EC to call by-elections in Perak - Malaysiakini

Hafiz Yatim | Mar 10, 09 6:53pm

Perak legislative assembly speaker V Sivakumar has filed an application for a judicial review of the Election Commission’s (EC) decision not to call for by-elections in three state seats.

Also named as respondents were Jamaluddin Mohd Radzi (Behrang), Mohd Osman Mohd Jailu (Changkat Jering), Hee Yit Foong (Jelapang), who left Pakatan Rakyat last month to become Independents friendly to the Barisan Nasional.

Sivakumar (left in photo) filed the application today in his personal capacity at the Kuala Lumpur High Court (Special and Appellate Powers Division).

This is to ensure that he can appear in court and appoint lawyers to represent him, and not be forcibly represented by the Perak state legal advisor Ahmad Kamal Md Shahid, as was the case in an earlier situation.

Sivakumar arrived at the High Court registry in Jalan Duta at about 3.20pm and filed his application about 25 minutes later. He was accompanied by Pakatan Rakyat exco members Ngeh Koo Ham and Nga Kor Ming.

Earlier today, three ousted Pakatan exco members - A Sivanesan (Sungkai), Tai Sing Ng (Kuala Sepetang) and Chen Fook Chye (Keranji) - had filed a separate application for a similar judicial review of the EC’s decision.

They were joined by three voters - Ahmad Sabri Wahab, Ahmad Latip Ariffin and Foo Hong Wai - from the Behrang, Changkat Jering and Jelapang.constitutuency respectively. All six named the Radzi, Osman, Hee and the EC as respondents.

The application, filed by the law firm Chooi & Co, served as a back-up in case Sivakumar is not allowed to be represented in court.

Ngeh said the additional expenditure is worthwhile to make sure that the application is heard and justice is done, following recent instances of ‘one-sided involvement’ of the judiciary.

Sivakumar, who is Tronoh assemblyperson, is seeking an order for the three assemblypersons to present authorities or powers stipulating they are still elected representatives for their respective constituencies.

In addition, he is seeking:

* that the three state seats be declared vacant and cleared following the resignation of the three representatives from Pakatan;


* an injunction against the three respondents or their agents to make a representation that they are the rightful elected representatives and are responsible, with the functions and job as a state assemblypersons;


* an order of certiorari to quash the EC’s decision not to call for by-elections in Behrang, Changkat Jering and Jelapang;


* an order of mandamus (to compel) the EC to hold by-elections in the three state seats; and


* punitive, aggravated and exemplary damages from the court as a result of the course of the action and other relief sought and awarded by the court.


EC’s ‘wisdom’ in question

At a press conference later, Sivakumar said he had received letters of resignation from Osman and Jamaluddin on Feb 1, followed by Hee's resignation on Feb 3.

"Following that, I wrote to the EC to inform it of the vacancies and to call for by-elections,” he said.

"However, the EC did not do so and in fact decided that the three remained elected representatives. I question the EC's wisdom in rejecting my decision."

Sivakumar said his intention in filing the application is to obtain justice and to see that the rule of law is upheld.

Ngeh, who is also Perak DAP chairperson, said the EC has been inconsistent in its decision, given that it has accepted the vacancy in Bukit Selambau, Kedah.

"These three ‘frogs’ have caused a breakdown in the democratic system (in Perak), a violation (of) and disrepute (to) the separation of powers that we see today," he said.

Ngeh said the “absurd” decision by Ipoh High Court Judicial Commissioner Ridwan Ibrahim in disallowing Sivakumar to be represented by his lawyers, had led to the action today.

"The decision by Ridwan was totally unacceptable. Former Court of Appeal judge NH Chan's commentary in Malaysiakini (has indicated that) it was wrong.”

Monday, March 9, 2009

Tree a symbol of treason and contempt: Zambry - Star

March 9, 2009 By SYLVIA LOOI

IPOH: The state government has criticised the naming of a raintree as the Tree of Democracy after an emergency “sitting” of the state assembly was held under it.

Democracy Tree courtesy of Malaysiakini

Mentri Besar Datuk Dr Zambry Abd Kadir said the tree might be “a tree of democracy” for Pakatan Rakyat, but he considered it a symbol of treason and contempt for royalty.

“They know that what they did was without royal consent, and even the court has decided on the position.

Perak Pakatan Rakyat assemblymen attended an emergency sitting at a vacant lot under a tree on Tuesday morning. - 3 March, 2009. Picture courtesy of The Star

“Their actions clearly show their contempt for the Sultan and the royal institution,” he told reporters after the state-level Maulidur Rasul celebration at the State Secretariat building here on Monday.

He was commenting on Perak Pakatan naming the raintree and the planting of five trees to commemorate the emergency “sitting” and the first anniversary of Pakatan’s rule in the state.

Picture courtesy of Malaysiakini

Dr Zambry said the rakyat should by now be able to see through the tricks played by Pakatan on them.

He also took a swipe at former mentri besar Datuk Seri Mohammad Nizar Jamaluddin for likening the under-the-raintree sitting to the Hudaibiyah Agreement (a peace agreement between Prophet Muhammad and the Quraisy people).

Pakatan Rakyat state assemblymen passing a motion during the emergency sitting held at a vacant lot on Tuesday morning. - 3 March, 2009

“It is another example of deviation by him,” Dr Zambry said.

When asked whether instructions had been given to remove the plaque and uproot the trees, Dr Zambry said: “I don’t want to answer your question.”

However, he said the trees were planted on road reserve, which was under the Ipoh City Council jurisdiction.

The arrogance of a novice judge - Malaysiakini

By NH Chan | Mar 9, 09 11:27am

NH CHAN is former Court of Appeal judge famous for his ‘All is not well in the House of Denmark’ comment regarding judicial corruption. He was then referring to High Court’s commercial division which was located in Wisma Denmark, Kuala Lumpur. The quote is based on Shakespeare’s ‘Something is rotten in the state of Denmark’.

I must say I was taken aback by the astonishing ruling of Ridwan Ibrahim, a High Court judicial commissioner.

He ruled that the lawyers “engaged by (Perak assembly speaker V) Sivakumar had no locus standi to represent him in an application by Perak Menteri Besar Zambry Abdul Kadir, who is seeking a declaration that Sivakumar’s decision to suspend him and his executive council was unconstitutional and unlawful”.

I am appalled at the arrogance of the judge. I am quite sure he is not an expert in constitutional law and even if he were, in a case of such great public importance to the nation, it is wise to listen to the views of the other side. Especially in this case, when eminent counsel Tommy Thomas was available to assist him.

The judge could have invited him to submit as an amicus curiae - in Latin it means ‘friend of the court’ and when the phrase is used in a court of law it means ‘one who advises the court in a case’. I have done that many times even when I was in the Court of Appeal.

Judges of far greater eminence than this judicial commissioner have often asked lawyers of great experience who are in the court for their valued views. Yet this judge thought he knew everything that he did not require any assistance from one of the top lawyers in the country.

Dick Hamilton in his book ‘Foul Bills and Dagger Money’ wrote:

“It is always easy to criticise judges, and some of them deserve it from time to time; but it is even easier to underestimate the difficulty of their task, and to take their successes for granted. No member of the Bar pretends to understand every branch of the law. ... But a High Court judge has to deal with any sort of case which comes before him.”

In order for the judge to tackle all sorts of cases which come before him, the wise and able judge is always humble enough to ask any of the lawyers in court who is an expert in his field for assistance.

Here we have Thomas, who is one of the top lawyers in the country only too willing to assist the judge, yet this probationary judge, who thinks he knew more about law than some of the most eminent judges who have sat on the bench, refused to hear him out.

Here’s how to judge the judge

You cannot judge a judge unless you know the basic law yourself. But you do not have to worry because I shall now provide you with the law applicable so that you are in a position to judge the judge.

You may be surprised at your own ability after you have read this. You might think that even a layman, after reading the applicable law, knows what is the right decision to make. And when a judge does not know the correct answer, it makes you wonder how such a thing could have happened.

I shall start with section 24 of the Government Proceedings Act 1956. I have highlighted the important words for easier reading. Sub-sections (1) reads:

“(1) Notwithstanding any written law -

(a) in civil proceedings by or against the Federal Government...

(b) in civil proceedings by or against the Government of a State, a law officer ... authorised by the Legal Adviser of such State ... may appear as advocate on behalf of such Government...”.

As you can see, this sub-section is not relevant as it only applies to civil suits brought by or against the state government, not a public officer.

And sub-section (2), which is relevant on the subject of discussion, reads:

“(2) Notwithstanding any written law in civil proceedings to which a public officer is a party -

(a) by virtue of his office; or

(b) in his personal capacity, if the Attorney-General certifies in writing that it is in the public interest that such officer should be represented by a legal officer; a legal officer may appear as advocate on behalf of such officer...”.

This sub-section only applies to civil suits brought by or against a public officer. In such a case, a public officer may (the word is 'may' not 'must') be represented by a legal officer which could include the legal adviser of the state.

Therefore, there is nothing in section 24 (2) of the Government Proceedings Act to suggest that a public officer if he sues or if he is sued must be represented by a legal officer such as the state legal officer.

In any case, section 24 (2) of the Government Proceedings Act only applies to civil proceedings to which a public officer is a party. Therefore, the question is, does the speaker of the Legislative Assembly of a state hold office as a member of the public service? If he does, then he is a public officer.

Article 132, Clause (3) of the Federal Constitution states that:

“(3) The public service shall not be taken to comprise -

(b) the office of President, Speaker, Deputy President, Deputy Speaker or member of either House of Parliament or of the Legislative Assembly of a State.”

So now you know that the speaker and the members of the Legislative Assembly of a state are not part of the public service as they do not hold office as public officers. Therefore, section 24 (2) of the Government Proceedings Act does not apply to them.

Now we all know, except the judge because he thought he knew better, that Thomas could not be prevented to appear for the speaker Sivakumar. If only he had heard Thomas out, instead of barring him from speaking, he would not have made such a grave error.

Courts can’t question validity of assembly decisions

According to newspaper reports, the case is an application by (BN-appointed menteri besar) Zambry Abd Kadir to the court to declare the decision of speaker Sivakumar in the legislative assembly to suspend him and his six exco members as unconstitutional and unlawful.

The question is, can the courts decide on the validity of the proceedings in the Legislative Assembly?

The answer is staring at us right here in the Federal Constitution. Article 72, Clauses (1) to (3) states:

“(1) The validity of any proceedings in the Legislative Assembly of any State shall not be questioned in any court.

(2) No person shall be liable to any proceedings in any court in respect of anything said or any vote given by him when taking part in proceedings of the Legislative Assembly of any State or of any committee thereof.

(3) No person shall be liable to any proceedings in any court in respect of anything published by or under the authority of the Legislative Assembly of any state.”

So now you know from the Federal Constitution itself that the validity of the suspension of Zambry and his six exco members by the speaker in the state assembly cannot be questioned in any court.

From what we have read from the newspapers, it seems that there is an injunction against the speaker.

You may wonder how an injunction can be obtained against the speaker when our written constitution says that “no person shall be liable to any proceedings in any court in respect of anything said or any vote given by him when taking part in proceedings of the Legislative Assembly of the State”.

NH CHAN, who is former Court of Appeal judge, lives in Ipoh. This is an abridged version of the original article.