Believe it or not!


‘Perak Speaker Can Only Be Represented By State Legal Adviser’
Bernama
March 05, 2009 18:58 PM

IPOH, March 5 (Bernama) — The High Court has ruled that Perak State Legislative Assembly Speaker V. Sivakumar can only be represented by the State Legal Adviser in the suits brought by 10 members of the assembly including Perak Menteri Besar Datuk Dr Zambry Abdul Kadir.

Zambry and the six State Executive Councillors — Datuk Ramly Zahari, Datuk Saarani Mohamad, Hamidah Osman, Zainol Fadzi Paharuddin, Mohd Zahir Abdul Khalid and Dr Mah Hang Soon — are 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) null and void.

There independent lawmakers — Jamaluddin Md Radzi, Capt (R) Mohd Osman Jailu and Hee Yit — want the court to declare that their Behrang, Changkat Jering and Jelapang seats not vacant and that they are still legitimate people’s representatives.

Counsel Datuk Mohd Hafarizam Harun, a member of the team of lawyers representing all the plaintiffs, told reporters that Judicial Commissioner Ridwan Hashim accepted two points forwarded by his side to object the appointment of private lawyers to represent the Speaker.

First, he said, the Speaker is a public official and a branch of the government and his salary is paid through the state government’s Consolidated Fund.

Second, the preamble of the Perak Constitution explains that the executive body to the state assembly is an organ of the state government, he said.

In the proceedings held in chambers here today, he said: “We submitted an objection that private lawyers do not have locus standi to represent Sivakumar because as a public official, he must be represented by the State Legal Adviser.

“We made the objection because the private lawyers also did not get a written consent from the State Legal Adviser to represent the Speaker.”

Lawyer Chang Kok Keong who wanted to represent Sivakumar, said his side would appeal against the court’s decision as soon as possible because the Federal Constitution provides that an individual is entitled to represented by counsel of his choice and not being forced.

“This right is guaranteed under the Federal Constitution to each citizen,” he said and added that he had made the argument but Ridwan reached to his decision based on Section 24 of the Government Proceedings Act.

The court will hear the suit by the three independent assemblymen on March 11 while the request by Zambry and the three Executive Councillors on March 23.

The court granted the adjournment following an application by State Legal Adviser Datuk Ahmad Kamal Md Shahir who said he wanted to get further instruction from the Speaker.

Meanwhile, Hafarizam said that like it or not, Sivakumar could not deny the fact that he could only be represented by the State Legal Adviser as long as he remains the Speaker.

On the possible conflict of interest since the legal adviser also represented Zambry in the suit filed by former Menteri Besar Datuk Seri Mohammad Nizar Jamaluddin in Kuala Lumpur, he said: “There is no conflict of interest because Zambry and the Speaker are the state government while Nizar is no longer Menteri Besar”.

Justice would be seen happenning here because the State Legal Adviser acts in the interest of Perak and not individuals with some political backgrounds, he said.

“I must stress here that a Speaker must be neutral,” he said.

— BERNAMA

  1. #1 by lopez on Thursday, 5 March 2009 - 10:10 pm

    the wolf says he is merely protecting the sheep
    and santan says he is protecting you

    hey botak please comb your hair

    for everybody sake don t report lah, next time be careful lah

    you jahat , kasi orang sibuk buat kacau saja

    does these sounds familiar

    ha ha ha

  2. #2 by WonderPets on Thursday, 5 March 2009 - 10:15 pm

    BN will try to get rid of the Speaker as soon as possible using the role of State Legal Advisor. How can Hafarizam said there is no conflict of interest? I think if you ask a Primary One student, they will be able to answer you straight to the point. It is so shameful and ugly to see all this happening! Our legal MB Dato Seri Mohd Nizar should seek an audience to see the Sultan to dissolve the State Assembly immediately to put a stop to all this nonsense!!

  3. #3 by milduser on Thursday, 5 March 2009 - 10:38 pm

    STUPID LAWYERS, STUPID ARGUMENTS! full stop…

  4. #4 by milduser on Thursday, 5 March 2009 - 10:40 pm

    AND STUPID JUDGES, TOO…

  5. #5 by MyPeoplePower on Thursday, 5 March 2009 - 11:20 pm

    This JC Ridwan need to send back to the law school!
    He know nut about Constitution Law!
    He know well in ‘bekin malu’!

  6. #6 by P.O.T.S on Friday, 6 March 2009 - 12:05 am

    Nice guys like PAS and DAP who play clean can never compete with evil.

    The way things are developing, Pakatan Rakyat trying to do things legitimately are bound to lose.

    The only hope we have in is the rakyat.

    But will Perakians reject BN or forget UMNO’s sins and evil in the next general election?

  7. #7 by albert308 on Friday, 6 March 2009 - 12:09 am

    With Najib in power, Malaysia is back to Mahathirism Bolehland!
    All government apparatus abused to achieve his objective.
    The Perak situation is shameful tragedy to any democratic country.

    Sin Chew reported that Zahid Hamidi predict Selangor is the next to fall into BN hand.
    It is time Pakatan in Selangor appointing loyalist into strategic positions in the administration especially State Secretary and Legal Adviser. All key positions in state administration are appointed by Umno BN, this is normal practice to them. These are the enemy in own blanket.

  8. #8 by ReformMalaysia on Friday, 6 March 2009 - 12:11 am

    Welcome to

    KANGAROO COURT!

    ‘Correct…correct… correct! ‘

    where a respondent/defendant can only be ‘represented’ by prosecutor/plaintiff’ agents !

    Unbelievable? Believe it!

  9. #9 by voice out on Friday, 6 March 2009 - 12:15 am

    Not Kangaroo court….Orang Utan….court…

  10. #10 by HJ Angus on Friday, 6 March 2009 - 12:20 am

    Someone can start a book “Malaysia’s Believe it or Not”.
    And the incidents in Ipoh will have a special chapter.

  11. #11 by ekans on Friday, 6 March 2009 - 12:32 am

    It appears that V. Sivakumar’s right as a citizen under the Federal Constitution to be entitled to represented by the legal counsel of his choice, has been overruled by this Government Proceedings Act, just because he happens to be also a public official who holds the state assembly speaker post.
    But wasn’t it said that the Federal Constitution is considered as the supreme law of the land?
    If there is no way around this ridiculous ruling, is it possible for Sivakumar to represent himself in court with his lawyers acting only in an advisory capacity?

  12. #12 by Elwin Heng on Friday, 6 March 2009 - 12:32 am

    I watched a movie-drama
    ([email protected] : “The greatness of a hero”)

    Unbelievable, shame!
    Murder can be a freeman!
    Corruption no harm to selective gang!
    Justice will protect selective authorize personnel!

    Prediction, sympathy?
    Fight for citizen will be detainee?
    Fight for corruption can be harmful?
    Fight for justice no guarantee (jail) to hero?

    Precaution, revenge?
    Stress up ‘so called’ unlawful citizen?
    Destroy citizens’ harmony village & homeland?
    Mission accomplish : powerful, violent, corruption uncontrollable?

    Let’s predict and wait for the ending episod20…!?

    TQ.
    Warmest regards.

  13. #13 by passerby on Friday, 6 March 2009 - 12:46 am

    Same kind of stupid logic used by Mugabe. This is how Malaysia will become the next Zimbabwe in the near future with morons like these kind in the country. People in the west are laughing their ass off when told of the type of morons running the county. No wonder the tiny dot in the south has become a developed country and Malaysia is still a 3rd world country!

  14. #14 by wanderer on Friday, 6 March 2009 - 1:27 am

    History has taught us, brutal govts rule by the sword. PR has been too much of a gentleman and followed the book of law to achieve its goal in winning govt. Obviously, you cannot confront an opponent who have not respect for the laws of the land and ignore completely the Constitutions.
    For PR, either you have the magic pen which is mightier than the sword or face fire with fire.
    Democracy was never born in a tranquil way…only after, it have traveled through a bumpy road.

  15. #15 by delon85 on Friday, 6 March 2009 - 1:37 am

    I thought Ridwan Hashim contract as a JC has expired in late February? How can he still be hearing this case?

  16. #16 by boh-liao on Friday, 6 March 2009 - 1:45 am

    In Malaysia, we better believe the impossible which very often is possible! This is Y ‘Malaysia boleh’.

    The BN are made up of a group of political parties plus the courts, police, doctors, msm, civil service, cronies, etc.

    When we read the bloodcurdling cautioned statement that the trigger-happy-shooting-weaponless-woman Sirul Azhar Omar made in the interrogation by the police on 19 November 2006(http://mt.m2day.org/2008/content/view/18841/84/) and the blood boiling autopsy report by Dr Prashant N. Samberkar, UMMC, of the murdered A. Kugan (http://mt.m2day.org/2008/content/view/18824/84/), then we realise that nothing is impossible in Malaysia.

    ‘Perak State Legislative Assembly Speaker V. Sivakumar can only be represented by the State Legal Adviser’ is only a small matter. At least V. Sivakumar is still alive kicking and visible to us, for the time being we may add.

    Pagar sentiasa makan padi. There are many cold-blooded murderers walking free among us and to remain alive in Malaysia, one must really count one’s blessings!

    This is a country where a large proportion of our population is religious. By extrapolation, this religious country is supposed to be a peaceful and honest country, not the wild wild West. Benar ke?

  17. #17 by passerby on Friday, 6 March 2009 - 2:01 am

    A tribute to the bumble rain tree.

    O rain tree, tall and mighty you stand and yet you are so kind to give shade and shelter to all God’s creature without any hesitation.

    You are so strong and upright and will stand steadfast to any strong wind and storm. And when the sun does shine again, you reveal once again your beauty quietly without any fanfare.

    You may not be created with a head and a soul but you stand more majestic than a king and all the powerful corrupted officials. For all the services you have willingly given, you have not asked for any rent and commission. You are truly like the Chinese saying, big tree gives shade.

    History is now made when the Perak state Assembly is held under your shade and you will be as famous as your cousin, the bodhi tree, where Buddha attained enlightenment while sitting under there. Similarly, history will remember you the rain tree under which the true democracy of Malaysia is born.

  18. #18 by boh-liao on Friday, 6 March 2009 - 2:10 am

    Believe it or not – Perak BN State Assemblymen will have their historic meeting di bawah tempurung or under a coconut shell.

  19. #19 by sightseeing on Friday, 6 March 2009 - 2:35 am

    The outcome of the case will be the same and it will not matter whether Speaker Sivakumar is represented by the State Legal Adviser or his own lawyers.

  20. #20 by passerby on Friday, 6 March 2009 - 4:23 am

    Oop.. should be humble rain tree.

  21. #21 by ringthetill on Friday, 6 March 2009 - 4:50 am

    Malaysia, in the state taht it is in is really a madhouse.If this is a necessary state of chaos is process towards creating a just and progressive society, I would rather not see it happen in the way that it has.
    To get back on track to nation building, we as responsible citizens owe it to our future generations to ensure that only and I mean only people with DECENCY, INTEGRITY and PROFESSIONALISM are put in places of of high public office. Otherwise life in my beloved Malaysia will fall further down a slippery slope.The world is watching.

  22. #22 by Tonberry on Friday, 6 March 2009 - 5:05 am

    How could the Section 24 Government Proceedings Act be superior than the Federal Constitution’s Article 132 (3) (b). This is ridiculous!

    note

    Federal Constitution’s Article 132 (3) (b) which states that “the public service shall not be taken to comprise the office of President, Speaker, Deputy President, Deputy Speaker or member of either House of Parliament or of the Legislative Assembly of a state.

  23. #23 by sightseeing on Friday, 6 March 2009 - 5:29 am

    The French newspaper, Liberation reveals that Atantuya’s commission of RM 500K was blocked by Rosmah Mansor, wife of Najib Abdul Razak, the future Prime Minister of Malaysia.

    UMNO Youth should demonstrate in front of the French Embassy to defend the reputation of Malaysia and demand proof of the accusation from the French Liberation newspaper.

    The Minister of Foreign Affairs should summon the French Ambassador to Malaysia to protest the French Liberation newspaper for smearing the good name of our future Prime Minister.

    UMNO Youth, why diam diam sahaja? Show your patriotism.

  24. #24 by lcclck on Friday, 6 March 2009 - 6:24 am

    Fear God and you all will notice what the devils are dancing around. Those who had announced more often than not that they berjuang untuk Ugama, Bangsa dand Negara seemed to forget God is watching!!
    Those with powers and held high posts must not forget, you could FOOL all but yourslef and God is fully aware!!

    But with our limited intelligence, we all tend to BOAST how great and how clever we are!!

    Try to calm the eathrquake, Tsunami and the WRATH of God will be so GREAT and Huge that NONE of us could really stand up against the little tests like that!!

    Pray, pray that Sanity is with the people with POWER, pray that they could be HONEST and SEEN to be honest with themselves + really BELIEVE in GOD as the rukunnegara had its very FIRST principle:– Believe in GOD!!!

    By believing in GOD, those who LIED will understand what is waiting for those lies they had kept telling, and the consequences will be too great for them to bear eventually.

    Please be patient, and GOD is really responding soon, do not DOUBT GOD, JUSTICE will be served!!

    Hoa Sam Yau Hoa Bo, See Sun May Toa!!

    ( You reap what you sow!! Be patient, time will COME!!)

    Pray, and Pray please, all of us must be united to pray as God will definitely deal with those who keep lying away!!!

    God bless you and be HUMBLE always, YB!!!

    Cheers and if I were you, just find time to have fun with your little GRAND CHILDREN, they will show you what God’s assurances!!

    Seemed to be acting for your foes, but YB, if you could retire now, you realize you had also been wise to let those who are younger, and more responsible to follow through your dreams, and eventually, I believe if you could not achieve your goal as DPM( assumed, and apologies if you are not aiming at that), your son or may be with some patience, your grandson could also be able to reach your goals, I will spend more time with my grandchildren at your age, and really look hard into the mirror, you owed your dearest wife and your family members some real precious moments of your lovely time for thme to treasure!!

    Perhaps, you better go to the back stage, and unite all of them, and not to be sideline totally, just be a reference point, be a real and true advisor when your younger and trusted leaders wanted some tips, be sure your tips are really useful and wise, LEARN and LEARNT from your past mistakes, just be graceful and grateful that you had achieved more than any one of us to be registered as The Lead Opposition Leader for the ongest period in Malaysia,and as great as your dearest son LGE had now become the CM of Penang, you must be fair to yourself, and while you keep writing this kind of article, good sharing, but I beg you to RETIRE asap– ASAP– Always Say A Prayer—-
    From: peter ooi
    > Subject: fw: from eyes wide open
    > To: “fax”
    > Date: Wednesday, March 4, 2009, 8:53 PM
    >
    > Prayer
    > for Malaysian Democracy
    >
    >
    >
    >
    >
    > Fellow citizens, will you join me in this prayer?
    > 1 Timothy 2: 1 & 2
    >
    > 1I urge,
    > then, first of all, that requests, prayers, intercession and
    > thanksgiving be made for everyone— 2for kings
    > and all those in authority, that we may live peaceful and
    > quiet lives in all godliness and holiness.
    >
    > Lord,
    > I pray for our nation Malaysia. We are living under dark
    > clouds. On one
    > side, we have the economic crisis finally hitting our
    > shores. Many have
    > had their salaries cut or lost their jobs or businesses
    > affected. Many
    > more will suffer the same in the coming months. And yet, we
    > see our
    > leaders’ response to this crisis is severely lacking.
    >
    > On another
    > side, we have politicians, govt servants and businessmen
    > who are too
    > busy with their money grabs and power plays to concern
    > themselves about
    > the rakyat’s plight.
    >
    > On yet another side, there are those
    > politicians who would not hesitate to destroy state
    > institutions, laws,
    > principles and morality to grab and maintain their power.
    > We can see
    > the shocking news daily of politicians rising and falling,
    > of their
    > statements which betray the corruption of their thoughts,
    > and of
    > institutions being used and abused to the sole end of
    > grabbing
    > political power.
    >
    > Amidst all this, the people of this land can
    > only stand and watch in horror as their livelihoods and
    > their
    > nationhood is slowly and surely flushed down the toilet.
    >
    > Lord,
    > surely You love this nation. You love every one of the
    > people here – we
    > are all Your creation! Lord come to our aid in this needful
    > times!
    >
    > O Lord, your word says:
    >
    > 1Everyone
    > must submit himself to the governing authorities, for there
    > is no
    > authority except that which God has established. The
    > authorities that
    > exist have been established by God. 2Consequently,
    > he who rebels against the authority is rebelling against
    > what God has
    > instituted, and those who do so will bring judgment on
    > themselves. 3For rulers hold no terror for those
    > who do right, but for those who do wrong. (Romans
    > 13:1-3)
    >
    > Lord,
    > You require us to submit and obey the government of the day
    > for it is
    > the right thing to do. You are the authority over all
    > things and the
    > governments of this earth are Your agents for justice on
    > this earth.
    >
    > But, Lord, we see today that our government is corrupt to
    > the core. Your word says “rulers hold no terror for those
    > who do right, but for those who do wrong”.
    > Yet, we see that many of those who attempt to do right are
    > imprisoned,
    > arrested, harassed, blackmailed, bribed, rejected,
    > obstructed, abused,
    > manipulated, disgraced and more.
    >
    > Lord, surely THIS is NOT
    > the government that is worthy to represent Your justice!
    >
    >
    > Lord
    > in all this political turmoil – where there seems to be no
    > end in
    > sight, and no depths too low to sink to – we pray that You
    > will be the
    > judge and arbiter. We pray that You will miraculously
    > intervene and
    > establish a government that is righteous, fair and just so
    > that the
    > rakyat may enjoy peace, security and prosperity.
    >
    > We pray that
    > you will install capable leaders of integrity to manage
    > this country.
    > We pray that You give our leaders wisdom in leading the
    > people and
    > formulating policies.
    >
    > Lord, we pray for our government – that
    > You will place the fear of God in the hearts of our
    > leaders, that in
    > all they do (even in secret) they will remember that You
    > are watching
    > and behave themselves.
    >
    > Let justice prevail in our courts. Let
    > discipline prevail in our security forces. Let integrity
    > prevail in our
    > government agencies. Let wisdom prevail among our
    > politicians. And let
    > peace prevail in in our Legislative Assemblies.
    >
    > Lord, we cry out to You for justice. For Your word says:
    >
    >
    > 35 It is mine
    > to avenge; I will repay.
    >
    > In due time their foot will slip;
    >
    > their day of disaster is near
    >
    > and their doom rushes upon them.”
    >
    > (Deuteronomy 32:35)
    >
    > Lord,
    > we await Your deliverance. We await the time when Your
    > miraculous deeds
    > will be shown and a new day will finally dawn on Malaysia.
    > We await
    > that day when justice and wisdom will once again rule in
    > this land.
    > Lord, come quickly to our rescue! Have mercy on our nation
    > and deliver
    > us!
    >
    > Amen.

    Hence, Please be strong enough to decide, and let God LOVE you more!!

  25. #25 by zorgen on Friday, 6 March 2009 - 7:09 am

    Whether we like it or not. The current situation is trending to using brute force to determine who becomes the winner. PR has to buck up and be prepared for that even the chance is slim. To the corrupted government serivces, they would rather to have BN continue in reign instead of PR which does not have corruption legacy baggage. Of course it is totally unreasonable to ask PR or NGOs to shoulder all the burden. All right-minded Rakyat should do our responsibilities in voicing out any injusty, abuse of power and corruption inccident as well as refrain ourselves from being the initiator of these. I believe once everyone sharing the common principles and kindness to others, we will eventually becomes color-blind and able to build a Malaysian nation.

  26. #26 by vchi on Friday, 6 March 2009 - 7:33 am

    WTF!

    Article 132 (3) of the Malaysian Federal Constitution states:

    The public service shall not be taken to comprise –
    (a) the office of any member of the administration in the Federation or a State; or
    (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;…

  27. #27 by smartee on Friday, 6 March 2009 - 7:39 am

    Tonberry Says:

    Today at 05: 05.38 (2 hours ago)
    How could the Tonberry Says:

    Today at 05: 05.38 (2 hours ago)

    How could the Section 24 Government Proceedings Act be superior than the Federal Constitution’s Article 132 (3) (b). This is ridiculous!

    You’re WRONG Tonberry:

    It is not just Section 24 Government Proceedings Act
    It is section 24 UMNO Government Proceedings Act.
    UMNO is King, don’t you all know by now?
    If you don’t like it get out of Malaysia U Pendatangs!

    There is only 1 king in Malaysia. His name is UMNO….

    Saddest History for Malaysia.
    Subservient Anti-corruption Head, Police Head, Judges, K*ng?
    Aaaaarrrrrgggghhhhhhhhh!!!!

  28. #28 by yhsiew on Friday, 6 March 2009 - 8:02 am

    It is pretty clear there is a complete lack of judicial independence in Malaysian courts.

  29. #29 by blablowbla on Friday, 6 March 2009 - 8:30 am

    may i ask,who pay the salary to you (perak legal state advisers)?
    ok,fine,i accept that speaker has to seek advise from you,but the Rakyat is the boss,we have the ultimate says,not you,and more over,.you, a bunch of idiots,are actually assisting Najis to topple a legitimate state govt. that rightfully selected by the Rakyat!

    jangan makan gaji buta,state legal advisers!

    yes,i still remember the self-claimed malaysia obama had mentioned that he is afraid of GOD,do you think so?

  30. #30 by DAP man on Friday, 6 March 2009 - 8:31 am

    [deleted]

  31. #31 by Bigjoe on Friday, 6 March 2009 - 8:34 am

    Its all done by the same guy who ruled the assembly illegal without due process and threw out separation of branches of govt…

    Any flimsy excuse is OK for BN but everything PR do is illegal so long as UMNO don’t like it…

    I believe there is clear and present danger for Malaysian and its nationhood. What we have is equivalent to children having loaded gun, drunks behind trucks and cars, terrorist with atom bombs..

    I was thinking about what happened during the Assembly under the Tree and it occured to me that the police was not only bias or ultra-vires. IT’s most likely the police was guilty of DERILICTION OF DUTY or at the minimum WRONGLY EXECUTION OF DUTY – subject to dismissal, confiscation of pensions and other benefits. Those involved PUT THEIR ENTIRE CAREER and FUTURE at RISK under the law. What happened there was not like the use of ISA where there is a law to protect their actions. There was NO legal basis for the police action. They simply DID NOT DO THEIR JOB!

    This ‘judicial commissioner’ whose legitimacy is doubtful clearly also is failing in his duty to ignore the Federal Constitutions over legal provisions – a clear case of abuse of power. What happen to the principle of right to the best defense possible to every citizen?

    Now they also want to make the Assembly under the Tree and illegal gathering when it was not their intention to do it. This is like saying anyone going to local market/supermarket or waiting at bus-stops and train station, or having a picnic in public can be charged for illegal assembly.. In other words, the basic policeman can walk up to you and your friends at a bus-stop, charge you with illegal assembly and extort you…..

    All these are dangerous precedence that allow the most basic citizen rights to be trampled upon by any police, officer of the court and govt official.

    If its not clear and present danger equivalent to terrorist around around in our country, I don’t know what is…

  32. #32 by hawk on Friday, 6 March 2009 - 8:46 am

    [deleted]

  33. #33 by taiking on Friday, 6 March 2009 - 9:03 am

    For once those goons are actually correct. I mean look at the issue from their point of view. Those idiots can blow hot and cold at the same time. They can accept and deny at the same time. They can praise and condemn in the same breath. They can support and object simultaneously. Good and bad is one. So is yes and no and right and wrong. Forked tongue and double face. That is their specialty. Therefore actually the very same state legal advisor can represent both applicant and respondent in court. So if required the three applicants can, if that is possible, engage his representation in the same case. All these people are well trained by umno. And the JC oh he will leap frog a lot of others to the court of appeal. And guess what? Leap frog at the recommendation of the recently formed judicial appointment thingy.

  34. #34 by DAP man on Friday, 6 March 2009 - 9:16 am

    The courts are no more the refuge for fairness and justice. The small man will never win a case in the Malaysian courts unless he is a member of BN.

    [deleted]

  35. #35 by ekans on Friday, 6 March 2009 - 9:18 am

    In the above Bernama news article, lead counsel for Zambry & Co., Hafarizam Harun, had said, “Justice would be seen happening here because the State Legal Adviser acts in the interest of Perak and not individuals with some political backgrounds.”
    Then in today’s NST, page 12, Hafarizam said, “For as long he is the speaker of the legislative assembly, acting under the state emblem of Perak, he has to and must always be represented by the state legal adviser. But if he wants otherwise, he must step down. Senang cerita. Then we can appoint a new speaker from the Barisan Nasional.”
    Act in the interest of Perak & not individuals with some political backgrounds, and then expect Sivakumar to step down so that a new speaker from BN can be appointed?
    More like self-contradiction than ‘no conflict of interest’.
    Senang cerita, indeed.

  36. #36 by wanderer on Friday, 6 March 2009 - 9:18 am

    French papers are not controlled by the govt. Remember French revolution and how they got their independence …freedom fighters sent all the corrupted politicians and monarchs to the chopping block?
    Malaysians wake up!
    France do not practice Bolehland type of Democracy. UMNO goons, you can eat your hearts out!

  37. #37 by Toyol on Friday, 6 March 2009 - 9:24 am

    Looks like they have everyone in their pocket. How like that?

  38. #38 by Loh on Friday, 6 March 2009 - 10:12 am

    ///How could the Section 24 Government Proceedings Act be superior than the Federal Constitution’s Article 132 (3) (b). This is ridiculous!

    note

    Federal Constitution’s Article 132 (3) (b) which states that “the public service shall not be taken to comprise the office of President, Speaker, Deputy President, Deputy Speaker or member of either House of Parliament or of the Legislative Assembly of a state.“///– Tonberry.

    That must be the reason why Zambry has sought the services of QC so that the judge would not come out with a ruling that shoots his legs.

    Speaker Sivakumar is being opposed in the court by the judge, the opponent’s counsel, and now the state legal advisor imposed on him by the judge.

    1969 election result was the worst Alliance had since independence. The late Razak turned it to be the best opportunities to make UMNO lord over the country. 308 election was worse than 1969, and the son of Razak considers it his obligation to his father to rule by law and by cheat, and to destroy the land in the process. The motto is: if we cannot have it, you can’t too.

  39. #39 by sheriff singh on Friday, 6 March 2009 - 11:19 am

    Believe It Or Not?

    Well you don’t have to believe it if you don’t want to but its there and done. Strange things do happen which makes life interesting. Without sambal and chilly where’s the ooomph?

    Judges will only decide based on evidence provided, presented and raised by counsels. And smart counsels will leave out incriminating things to boost their cases. And if the other side is represented by rogue counsels or is not represented at all, so much the better. You lose, they win. So whats so believable or unbelievable about it?

    So you don’t like the JC’s decision, you appeal and cite your Federal Constitution but they will still object to this and that to delay things and frustrate you. Maybe the appeal case will be heard in 2011. Maybe the judges will be rogue judges, maybe not.

    In Malaysia, anything can happen. People change their minds overnight. They disappear. They hide. They wallop themselves to death. Stationery shops run out of brown envelopes. And the PM-to-be might not be after all. And if he should be, then he might do things to make sure he be.

    Beware the Ides of March. It fast approaches. Who will it be?

  40. #40 by vincent on Friday, 6 March 2009 - 11:22 am

    Waste of public times and monies. Such morons still exist in this world.

  41. #41 by k1980 on Friday, 6 March 2009 - 11:53 am

    Speaker Sivakumar will be accused by umno of being involved in the banned terrorist organisation Hindraf and packed off to Kamunting for the next 2 years. Anwar will also be be guilty of links with Jemaah Islamiyah and sent to Gitmo, Cuba for the next 20 years.

  42. #42 by One4All4One on Friday, 6 March 2009 - 1:25 pm

    Bring all those who flouted the provisions of the constitution to a higher court to seek redress.

    Seems like there are intentional attempts to interpret, or rather to misinterpret, the laws to favour and to work to one’s advantage. As if the whole nation is blind to their misdeeds.

    Such blatant abuse of the courts must be challenged and put down at all cost. Legal bodies such as the Bar Council, lawyers groups, and all legal fraternities in the nation must come forward to defend the truth and reclaim the sanctity and inviolability of our sacred constitution.

    If the legal fraternities cannot or do not act accordingly, Malaysia is as good as a doomed country. But then we believe they will not allow such flagrant assault on the constitution to be condoned and perpetuated.

    Truth must prevail.

  43. #43 by Onlooker Politics on Friday, 6 March 2009 - 2:35 pm

    ‘He (Counsel Datuk Mohd Hafarizam Harun, a member of the team of lawyers representing all the plaintiffs) said: “There is no conflict of interest because Zambry and the Speaker are the state government while Nizar is no longer Menteri Besar.”’ (Bernama)

    There is no conflict of interest only under the assumption that Zambry and the Speaker are from the same political camp with the existence of the fusion of power.

    However, in the current case of Perak, it is too obvious that Zambry (from BN) and the Speaker V. Sivakumar (from PR) are politicians from rival parties and there is clear-cut conflict of interest in between two of them because there is a separation of powers between the Executive Branch (if Zambry can legally represent the Executive Branch) and the Legislature Branch of the Government. Is the Judicial Commissioner too dumb to know about this fact? What a Kangaroo Court!!!

  44. #44 by ktteokt on Friday, 6 March 2009 - 2:37 pm

    If Sivakumar can only be represented by the State Legal Advisor of Perak, then that tantamonts to an admission by the government and the judiciary that Sivakumar is still the speaker and that the PR government is still the legitimate government of Perak. This would make the BN state government in Perak illegal!!!!

  45. #45 by monsterball on Friday, 6 March 2009 - 3:11 pm

    Since the time of Mahathir …up to now…the control of judicial and police leaders are very real and effective….with those chosen to lead these two Depts….are 1oo% lawless..and act as law keepers to protect UMNO only.
    They have their small rewards as such great loyal workers of UMNO….and can feel safe…get filthy rich..accepting bribes ….with UMNO so call law makers…keeping blind eyes……allowing massive corruptions to grow……..suiting UMNO’s way of life.
    Therefore..quite a majority leaders of these two groups have love UMNO….because they love to be corrupted and get rich that way.
    It has become a band of lawless gangsters.
    Whatever unfair and unjust events are happening to the disadvantage of PR and indirectly..to vast majority Malaysians yearning for peace and prosperity………UMNO is happy as long as they feel…the results will strengthen their dreams…to rule us forever.

  46. #46 by Onlooker Politics on Friday, 6 March 2009 - 3:22 pm

    “1Everyone
    > must submit himself to the governing authorities, for there
    > is no
    > authority except that which God has established. The
    > authorities that
    > exist have been established by God. 2Consequently,
    > he who rebels against the authority is rebelling against
    > what God has
    > instituted, and those who do so will bring judgment on
    > themselves. 3For rulers hold no terror for those
    > who do right, but for those who do wrong. (Romans
    > 13:1-3)” (Quoted by lcclck)

    The above biblical verses encourage Jesus’ followers to obey the governing authority and not to involve themselves in any rebellious attempt against the governing authority. The two defectors from PKR and one defector from DAP have clearly violated the instruction from God since they chose to betray Pakatan Rakyat Perak State Government, which is a governing authority appointed by God.

    Nevertheless, in a political system which adopts the Parliamentary Democracy, the ultimate rights to decide which political party shall be given the mandate to be appointed as the Government are vested in the hand of the electoral voters. God has already given the rights to the People for choosing a government in a political system of Parliamentary Democracy. The people shall not put blame in God for allowing the morally bankrupt person from BN to practice the gutter politics in Malaysia because BN was the choice made by the Malaysian people in the 12th General Election for forming the Federal Government.

    The Malaysian people have to bear in mind that only they themselves can change their fate by determining who they want to be the next Prime Minister of Malaysia in the 13th General Election. If the Malaysian people are not happy with their current situation now, then they should try hard to ensure their relatives and friends would also work in the same united effort to vote BN out of the Power in the next General Election.

  47. #47 by ekans on Friday, 6 March 2009 - 6:37 pm

    It’s evident that the things that go hoppity hop in Perak state politics are not just the three now so-called independent frogs, but also the legal kangaroos who want to force the Perak state assembly speaker into submission.

    Correct me if I’m wrong… By right, should there be the need to have any legal action taken against the state assembly speaker, the courts should first wait for the outcome/verdict of the Nizar vs Zambry case over the MB post.

    But, of course, I almost forgot that the courts have already been infected with ‘marsupials’ by UMNO…

  48. #48 by ALLAN THAM on Friday, 6 March 2009 - 7:47 pm

    This is what we call force one too shallow the dead rotten chicken.

  49. #49 by distantmalay on Friday, 6 March 2009 - 10:24 pm

    “There independent lawmakers — Jamaluddin Md Radzi, Capt (R) Mohd Osman Jailu and Hee Yit — want the court to declare that their Behrang, Changkat Jering and Jelapang seats not vacant and that they are still legitimate people’s representatives.”

    legitimate people’s representative ? my foot ! the people voted for the party, not the person.

  50. #50 by distantmalay on Saturday, 7 March 2009 - 1:13 am

    if they think they are legitimate people’s representative, then go back to the people, not the court.

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