Today is the day where our democracy has been snubbed again. During Mahathir era, there is a little we can hope from the law, and then after Abdullah Badawi took the reign, there is a hope, but not anymore. Today, as you can see, the court, the police and all government machinery have been mobilised in order to deny Pakatan Rakyat from pursuing their job.
The police is taking order from the state secretary not the speaker itself which is weird and the police is also able to deny entry of the speaker and state legislative to the "dewan". While the court ruling which is almost the fastest ruling in which at the morning session deny the private lawyer from representing the Speaker on the reason that the Speaker has to use a state lawyer and by evening, the judgement was gazetted, where the sitting made earlier was stated as deemed illegal. Can we say that this is the contempt of legislative to the executive power which is guaranteed under Malaysian Constitution? How can the state lawyer can represent the speaker as at the same time,the same lawyer is representing the new MB which is the plaintiff? Isn't there was a conflict of interest?
Today, what can I say is, democracy in Malaysia is became dim and dimmer... Today is the day where black episode of democracy appears and surrounding among us. The same thing with the ACA which is now rebranding to SPRM or MACC.... What else can we hope now?
http://www.thestar.com.my/news/story.asp?file=/2009/3/3/nation/20090303161258&sec=nation
Published: Tuesday March 3, 2009 MYT 4:12:00 PM
Updated: Tuesday March 3, 2009 MYT 6:24:13 PM
High Court restrains Perak Speaker (updated)
IPOH: The High Court here has granted an order to restrain Perak Speaker V. Sivakumar from convening any unlawful meetings purporting to be state assemblies.
Judicial Commissioner Ridwan Ibrahim, who heard from lawyers on both sides in chambers, made his decision under Section 44 of Specific Relief Act.
Perak Mentri Besar Datuk Dr Zambry Abdul Kadir was seeking an injunction from the High Court to stop “all unlawful assembly sittings” by Pakatan Rakyat, which had formed the state government before Barisan Nasional took over in late January.
Dr Zambry’s lead counsel Firoz Hussein Ahmad told reporters after the hearing that he had submitted that the Speaker does not have the power to call any assembly, even an emergency sitting such as the one held earlier Tuesday.
The High Court order has no time limit and penalties would be decided later if and when the Speaker holds the next meeting deemed illegal.
The restraint order however is not retrospective and does not over Tuesday morning’s emergency sitting in which three motions were passed, including one calling for the dissolution of the state assembly to pave the way for fresh polls.
Ipoh Barat MP M. Kulasegaran had earlier said it was a clear conflict of interest that the legal advisor who acted for Dr Zambry in a case last week represented Sivakumar in a case brought forward this time by Dr Zambry.
“How can he act for both plaintiff and defendant? It’s a clear case of conflict,” Kulasegaran said on behalf of Sivakumar.
Ridwan earlier Tuesday ruled, based on the Government Proceedings Act 1965, that five lawyers appointed by the Speaker had no locus standi to represent a government officer but that he should be represented by the state legal advisor or somebody appointed by the latter.
Sivakumar said he had not authorised the state legal advisor to act on his behalf.
“I have not received any communications from the legal advisor’s office nor have I given any instructions to him,” Sivakumar said in a statement handed out by Kulasegaran.
Dr Zambry also sought a court declaration that Sivakumar’s decision to suspend and bar him and six executive council members was unconstitutional and ultra vires the state constitution. That suit would be mentioned on Thursday.
Also to be heard Thursday is the lawsuit filed by three independents -- Behrang assemblyman Jamaluddin Mohd Radzi, Changkat Jering assemblyman Mohd Osman Mohd Jailu and Jelapang assemblyman Hee Yit Foong -- seeking a declaration that their seats are not vacant and that they are still the elected representatives of their constituencies.
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