Speaker: Court ‘unjust’ in hearing case ex-parte

Joseph Sipalan
Feb 18, 11

Selangor state assembly speaker Teng Chang Khim has criticised the Shah Alam High Court for hearing Badrul Hisham Abdullah’s application to be declared the valid Port Klang state assemblyperson without his (Teng’s) counsel present.

Teng ) said his lawyer had sought a postponement on Feb 11 as he would engaged in a three-day trial in Johor Baru and would not be able to make it for the hearing originally slated for Feb 17.

Speaking at a press conference in Shah Alam after the judgment was delivered, Teng said the trial was postponed by only one day, to today, during the case management on Feb 16 and that this made no difference to his lawyer.

“I don’t see the rationale behind postponing it to the 18th. They might as well have heard it on the 17th… The court should not have proceeded with the hearing in the absence of my counsel, and the court knows about it.

“Justice hurried is justice buried,” said Teng, who was formerly a successful lawyer.

He described the judgment as “unjust” as it was heard the absence of his counsel. He said that he would file an appeal next week to set aside the decision.

‘Where are my rights?’

Teng, a lawyer himself, said the High Court’s decision was a breach of natural justice as he, being the defendant, was not given the opportunity to be heard and neither did the court give him the benefit of a 40-day period to respond to Badrul Hisham’s affidavit to which they are entitled.

He added that as a speaker, both the federal and state constitutions clearly state that his decisions are immune to court proceedings.

“The court has to take judicial notice that this case involves the constitution, the House and the speaker… this is not a case of any Tom, Dick or Harry.

“The world will laugh at us. What kind of judiciary do we have? If a speaker can face a predicament like this, imagine what a regular citizen will face.”

Teng said he has instructed his counsel to file an application to set aside the High Court judgement, which he said will “certainly” be done by next week.

Last month, Teng declared the Port Klang seat vacant after he found that Badrul Hisham had been absent without leave from the state assembly for six months consecutively.

Badrul Hisham however denied the charge, insisting that he was still the rightful elected representative of Port Klang and later filing a court challenge to declare Teng’s announcement as null and void.

  1. #1 by Taxidriver on Friday, 18 February 2011 - 11:25 pm

    There are many judges in Malaysia who are not well-versed with the Law. This is a very frightening situation which we can blame on the ”correct…correct…correct” method of promotion of our judges.

    • #2 by cemerlang on Saturday, 19 February 2011 - 12:08 am

      justice ? what is justice ? there is no such a thing as justice….if you want justice, join the crowd, then you will have all the justice in the world…if you cannot beat them , join them…in the end, what is the difference ? Nothing. Only going around in circles.

  2. #3 by tak tahan on Saturday, 19 February 2011 - 12:39 am

    There are many judges in Malaysia who are and volunteered to be trained to be well-versed in lawless.If not kangaroo then ludicrous cartoonist is what of my captured images of them.A real laughing stocks that should be made in the supposed to be hit movie of the year.They are really living in their own secluded,luxurious and most comfortable territory to be the cause of the effect;indifferent toward and intolerate of any dissent which is the general view to enhance our country’s racial unity,religion harmony and economy competitiveness.

  3. #4 by raven77 on Saturday, 19 February 2011 - 1:21 am

    So BN is trying to rule through the courts now that they have lost the people’s trust…so what’s new….

    Egypt is coming to Malaysia…very very soon…

  4. #5 by ENDANGERED HORNBILL on Saturday, 19 February 2011 - 3:20 am

    Mr. Speaker Teng, you are absolutely right: “this is not a case of any Tom, Dick or Harry.”

    But what can you do if any Tom, Dick or Harry can be a judge?

    Aiyah, the judiciary is becoming like our medical services where third graders from funny schools learn how to hold the syringe and start poking people in the wrong places.

  5. #6 by boh-liao on Saturday, 19 February 2011 - 3:27 am

    UmnoB RULES, OK; in dis land, d majority dictates all rules, OK

  6. #7 by Godfather on Saturday, 19 February 2011 - 6:57 am

    Can we have the name of the judge, please ? We would like to track his progress in the coming years as he is unashamedly pro-UMNO.

  7. #8 by yhsiew on Saturday, 19 February 2011 - 7:04 am

    The court decision that Badrul Hisham Abdullah was still the rightful elected representative of Port Klang was a foregone conclusion in our perverted legal justice system.

  8. #9 by ENDANGERED HORNBILL on Saturday, 19 February 2011 - 8:48 am

    Any A-level law student can tell you that the principle of separation of powers betweeen the executive, legislative, and the judicial branches is fundamental to a democratic system of government.

    In Malaysia, all I see is a tree trunk and no branches.

    The trunk is made up of UMNO, UMNO and UMNO.

    All other component parties are root tips feeding UMNO’s frenzy and fanaticism; they are out of view and below the ground whilst UMNO hogs all the limelight and enjoys all the sunlight.

    “Root-tip” parties are all suckers!

  9. #10 by k1980 on Saturday, 19 February 2011 - 10:18 am

    Badrul Hisham would still be considered assemblymen in court even if he absents himself without leave continuously for 5 years (as long as he is umno-friendly)

  10. #11 by Loh on Saturday, 19 February 2011 - 10:54 am

    If the decision of the Speaker of the state assembly can be reviewed by the court, then the decision of the Parliament too can be so reviewed. The court is then superior to the legislative assembly, though subordinate to the Prime Minister. Looks like Malaysian government is like corporation with cross holding power, except that the Prime Minister reigns supreme.

  11. #12 by undertaker888 on Saturday, 19 February 2011 - 11:07 am

    what do we expect from half past six goons? they just want the title and money but no need brains to work. just to show on the outer skin to the world that they are good being CEO, CFO and all.

    the only time they make “good” statement is when they opened their stinking mouths to say pendatang, unpatriotic, balik negara asal, and other tahi.

  12. #13 by jus legitimum on Saturday, 19 February 2011 - 12:37 pm

    What they want is money,positions,titles,luxury and mininum effort and maximum return.The judicial system is made up of a lot of half past six people.Almost all the government services are filled up by less competent personnel.Remember the MACC lawyer,Razak really made me lament the declining standard of judiciary.But what to do as long as their hallmark is ethnocentricity and mediocrity,everything will drift in the direction of Zimbawi unless the majority can wake up and stop being fooled around.

  13. #14 by DAP man on Saturday, 19 February 2011 - 12:43 pm

    By the way who goes to a Malaysian court for Justice?
    The Court is there is give decisions not dispense justice.

    It gives decisions to damn the opposition and benefit BN… or damn the poor and benefit the rich.

    We have an UMNO Kangaroo Court.

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