Former Prime Minister Tun Dr. Mahathir Mohamad is right when he ridiculed the public statement by the Prime Minister, Datuk Seri Abdullah Ahmad Badawi asking Datuk Zambry Abdul Kadir to lodge a police report against the Perak State Assembly Speaker V. Sivakumar.
As Mahathir asked in his blog, “If the decision of the Speaker can be considered a crime, then what will happen when the Parliamentary Speaker suspends opposition members for whatever reasons?”
Abdullah has not only made a ridiculous proposal, he had set a bad example as Prime Minister in publicly calling for an open breach of the law, as the Speaker’s decision or action, whether one agrees or disagrees with it, is protected by law and conferred immunity from civil or criminal proceedings.
This is why the Police should stop harassing Sivakumar as the police should be the first to uphold the law rather than to break it.
When I was detained under the Internal Security Act during the Operation Lalang dragnet in 1987, police officers interrogating me wanted me to reveal my sources of information on the North-South Expressway privatisation scandal which I had highlighted in Parliament and was clearly one of the real reasons for my second ISA detention.
I refused and told the police officers that they were breaking the law and referred them to the Houses of Parliament (Privileges and Powers) Act 1952 which conferred immunity to MPs from civil or criminal proceedings for anything done or said before the House or any parliamentary committee.
Section 3 of the Act states: “There shall be freedom of speech and debate or proceedings in the House 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 House.”
I asked the police officers to go back and refer to the Attorney-General’s Chambers to seek legal opinion whether they had transgressed the Houses of Parliament (Privileges and Powers) Act 1952 in demanding that I reveal my sources of information on my parliamentary speeches.
I made it clear that I would exercise my right to lodge a report against the police officers for violating the law if they persist in that line of questioning.
The police officers went back to seek further instructions and dropped this line of questioning to demand that I reveal my sources of information on my parliamentary revelations about the North-South Expressway scandal.
There are similar legislation in the respective states to confer immunity from civil and criminal proceedings for State Assembly members, including the Speaker, for anything said or done in the Assembly proceedings. In Perak, for instance, there is the Legislative Assembly (Privileges) Enactment 1959.
Clearly, Abdullah had been badly advised. May be, this is why there a need to seek advice from Queen’s Counsel in a foreign land.
The police should stop harassing the Perak Speaker Sivakumar and Abdullah should retract his public statement proposing that a police report be lodged against Sivakumar
#1 by StevePCH on Wednesday, 25 February 2009 - 9:02 am
shah pinang,
Your right. LGE sacrificed for the sake of the old lady and underage girl and ended up in jail. He earned the respect of Rakyat.
Is it nepotism ?
KSD and family members won on their own.
They did not inherit any “stronghold” seats like UMNO’s putras.
Wee Ka Siong should quit for lying about the alleged problem between the Board of Governors and PTA of SRJKC Sin Ming Puchong. Mr. Chai was the Chairman of PTA before appointed to the chair of the Board. He enjoys great support from the PTA.
Wee Ka Siong as the arrogant deputy EDUCATION minister should quit and stop all his bullsh its.
PL will just enjoy his last month as PM and make things worse only, retracting the statement … we must be daydreaming YB.
#2 by taiking on Wednesday, 25 February 2009 - 9:06 am
Cant see any logic in cintanegara’s statement. Justifying the unjustifiable. Comparing incomparables. Like dinasours are not animals and the fine black sand of langkawi is actually pulverised diamond.
Those Tuan McBullys forgot that umno culture of money politics cannot be nationalised. Cant blame them for trying it in Perak. At least it is all in the open now – the fact that Tuan McBullys’ ways and culture do not and cannot represent malaysia or malaysians is now written all over the country. Not just in perak. And that how oddly and absolutely out of place they are in this country. A thumping majority of people in perak surveyed (I was given to understand) want a state re-election and do not accept the cowboy mb.
They are people who have little respect for the laws in the first place. They only uphold them against their opponents. To them everything is about their pockets and preserving power. How ironical that they should now seek the views of a QC on the position of their power.
Desperation I say. Desperation is what that is bugging them right now. Desperation which is driven by perakians’ rejection of them. the cowboy mb and their ways.
Its back to politics. Having a QC telling them that the cowboy mb is indeed the proper mb will change little. Not even a court pronouncement will change anything. Its politics. Umno played the politics of power-grabbing. Its a bad move and voters are enraged. Voters are now playing the politics of rejection.
High legal opinion and lenghty court judgments – fold them up and store them away Tuans. They are of no use now. You fellas started this nasty round. Hold on to your balls Tuans and stay put wherever you all may be so that you all can face whatever political backlash that may come your way.
#3 by StevePCH on Wednesday, 25 February 2009 - 9:20 am
Malaysian Insider reported Bar Council slamming the police for questioning Perak Speaker.
She mentioned about the separation of powers in legislative assemblies.
I do not think PL, NTR , PDRM care. All this while UMNO is the power. nothing to separate for them.
#4 by One4All4One on Wednesday, 25 February 2009 - 11:24 am
Sorry for the digression. Think the following would be of interest and worth debating:
Privatisation of Public Facilities/Utilities in Malaysia.
http://www.themalaysianinsider.com/index.php/opinion/breaking-views/136-breaking-views/19115-welcome-to-malaysia-land-of-the-sweetheart-deal–the-financial-insider
FEB 25 — First, take a one-sided concession agreement, in favour of yourself of course. Then get a federal gvernment guarantee. Throw in an enormous profit margin, of say 50 per cent over 30 years, and you’ve got yourself a triple-A rated sweetheart deal.
Welcome to Malaysia, where privatisation has often favoured concessionaires over consumers and taxpayers, and indeed the federal government itself.
Water assets, toll highways, power plants: the list of infrastructure deals with deliciously generous terms handed out under the previous administration of Tun Dr Mahathir Mohamad just grows longer.
Yesterday, for example, it was revealed that Express Rail Link Sdn Bhd effectively collects a toll from every passenger who goes through the Kuala Lumpur International Airport. (themalaysianinsider)
One wonders what the outcomes would be like if all those deals were NOT privatised but handled by the government directly in a wholesome and responsible way?
Also, what if the projects were to have been developed jointly with private companies, but leaving the government to manage them? Would it then be more favourable to the rakyat in terms of rates the rakyat have to pay for using those amenities?
Concessionaires should no and cannot be left to hold the government and the rakyat at ransom.
But it seems that agreements and contracts always favour them more than to the government/rakyat. Hence, it can be said that the government/rakyat had been at the losing end all these while!
Such kind of lop-sided arrangements create instant millionaires and even billionaires within certain favoured group of companies or individuals. And they are even left to milk the country (read: the rakyat) for many many more years to come.
Easy money for the concessionaires. And the contracts and agreements even PROTECT AND GUARANTEE THEM HUGE PROFIT MARGINS FOR A LONG TIME TO COME!
The questions to ask are :
WHO are those people drawing up the concessions?
HOW much profits do they make actually for the whole duration of the concessions?
The answers to those questions are some of the main reasons why BN-UMNO cling on to power to control the country by hook or by crook.
The rakyat are always the ultimate losers. BN-UMNO and the concessionaires are always up against the rakyat.
Time to change all that? So that the rakyat would not be robbed and taken for rides again and again. Period.