‘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