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Usurper Perak MB convening Assembly on 7th May – Federal Court decision against Perak Speaker defective, null and void

Following the Federal Court decision yesterday that the Perak State Assembly Speaker V. Sivakumar does not have the power to suspend the usurper Perak Mentri Besar Datuk Zambry Abdul Kadir and his six state executive council members from attending the assembly, Zambry is seeking to convene the Perak State Assembly on May 7.

However, the Federal Court decision yesterday is defective, null and void.

Firstly, it was not the Speaker who suspended Zambry and his six executive council members, but the Perak State Assembly Committee of Privileges on Feb. 18.

In striking out the purported suspension order of the Perak State Assembly Speaker, the Federal Court was striking out an order that does not exist – as the suspension order was that of the Committee of Privileges.

Zambry and his six exco members had sued the wrong party and as a result, has got a Federal Court order against the wrong party. Continue reading “Usurper Perak MB convening Assembly on 7th May – Federal Court decision against Perak Speaker defective, null and void”

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When justice is not administered according to law

by N.H.Chan

The story unfolds with the application of three turncoat members of the Perak legislative assembly for a declaration that Speaker Sivakumar’s order, which was made in the legislative assembly, that their seats in the assembly have become vacant because they have resigned was illegal. Here is the report from the Sun newspaper, Thursday April 2 2009:

IPOH: The High Court yesterday dismissed the application by Perak State Assembly Speaker V Sivakumar to strike out an original summons brought by the three independent assemblymen, seeking a declaration that Sivakumar’s order to declare their assembly seats vacant was illegal.
Justice Datuk Balia Yusuf Wahi set April 8 to hear the suit by the assemblymen Mohd Osman Mohd Jailu (Changkat Jering), Jamaluddin Mohd Radzi (Behrang) and Hee Yit Foong (Jelapang) against the speaker.
He also dismissed an application by three former Pakatan Rakyat state executive Councillors . . . and three registered voters to intervene in the case, ruling that they are not interested parties as claimed.
Sivakumar had declared the three state seats vacant based on their pre-dated resignation letters as the three assemblymen were formerly from the ruling coalition. Their resignation from their parties caused the balance of power to shift to Barisan Nasional.
Sivakumar had informed the Election Commission (EC) to call for fresh elections for these three seats but the EC declined and said the seats were not vacant. The three assemblymen then referred their suit to the High Court here for a ruling that they had not vacated their seats as declared by Sivakumar.

I don’t have to tell you how to judge the judge. You must know by now how to do it if you have read my articles in the internet. You will know he is a bad judge if he behaves unfairly to one side as against the other. It is your perception as a member of the public that matters and not what the judge thinks of himself. A judge who does not appear to be fair is useless to the judicial process. As such he is a bad judge and is therefore unfit to sit on the bench. The other essential qualification of a judge is to administer justice according to law. That said, we can now judge this judge.

Article 72, Clause (1) ofthe Federal Constitution clearly states:

Continue reading “When justice is not administered according to law”

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Perak power grab – PR setback in Federal Court

Newsflash

The Federal Court has just dismissed the preliminary objection and ruled that it has the authority to hear an application seeking to lift the suspension of usurper Perak Menteri Besar Zambry Abd Kadir and his exco members from the state assembly.

The suspension was made by Perak State Assembly Committee of Privileges and announced by Perak Speaker V Sivakumar after Barisan Nasional had formed the state government in February without the assembly being dissolved.

The usurper MB was suspended for 18 months and his usurper Exco members suspended for one year.

The Federal Court will now decide on the merits of the application by Zambry and his Exco.

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Second political tsunami – double ‘no confidence’ vote on Najib and Zambry

The impressive victories by Pakatan Rakyat candidates in Bukit Gantang parliamentary and Bukit Selambau state assembly (Kedah) by-elections yesterday is a second political tsunami in Malaysian electoral politics in 13 months.

They are a double “no confidence” vote on Datuk Seri Najib Razak four days after being the sixth Prime Minister of Malaysia as well as on Datuk Zambry Abdul Kadir as the illegitimate and usurper Perak Mentri Besar following the undemocratic, unethical, illegal and unconstitutional power grab in Perak two months ago.

The Bukit Gantang and Bukit Selambau by-election results, with increased majorities for the Pakatan Rakyat candidates as compared to last year, are a clear and unmistakable endorsement of the March 8, 2008 political tsunami telling the nation and the world that what happened in the 12th general elections in March last year was neither accidental nor a fluke, to disappear like fireworks in the skies, but a major political paradigm shift representing the deep-seated and widely-held aspirations of Malaysians regardless of race or religion for democratic change.

Furthermore, that such fundamental political change is here to stay!

Continue reading “Second political tsunami – double ‘no confidence’ vote on Najib and Zambry”

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The “Democracy Tree” DVD that the Police finds offensive

This is the “Democracy Tree” video for which DAP Perak State Assemblyman for Tebing Tinggi, Ong Boon Piaw was arrested by the police on Sunday, 29th March 2009 purportedly in violation of the Film Censorship Act 2002 for “manufacturing, circulating, distributing, displaying” a DVD without first getting a B certificate from the Film Censorship Board.

Boon Piaw, who is out on police bail, will know on April 13 what the authorities propose to do in the case.

In his speech at the MPI-Petronas Malaysian Journalism Awards 2008/Malaysian Media Nite 2009 yesterday, Prime Minister Datuk Seri Najib Razak called for a “free, vibrant and informed media empowered to report without fear of consequence and holding governments and public official accountable”.
Continue reading “The “Democracy Tree” DVD that the Police finds offensive”

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Everybody knows her name

By Shannon Teoh
The Malaysian Insider
2.4.09

SUNGAI PETANI, April 2 — Opposition speakers continue to creatively work around the Home Ministry ban on mentioning Altantuya Shaariibuu at their election ceramahs with Lim Kit Siang last night proving that most people were aware of the Mongolian beauty.

The DAP stalwart questioned the suitability of Datuk Seri Najib Razak as prime minister merely by asking the Bukit Selambau crowd “Who? From where?” when bringing up the Umno president’s alleged links to her murder.

The crowd got their answers right on both counts.

Two nights ago when opposition leader Datuk Seri Anwar Ibrahim began his triple by-elections campaign here, he showed the breadth of topics he could address in attacking Barisan Nasional by bringing up a different deceased — that of suspected car thief A. Kugan in police custody.

Lim last night highlighted the sheer ludicrity of banning the mention of a name and “that of a non-citizen,” calling it undemocratic.

He said the Altantuya murder, without mentioning her name, coupled with allegations of abuse of power including an RM500 million commission in the government purchase of submarines, raised doubts over Najib’s impending premiership in “35 hours”. Continue reading “Everybody knows her name”

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Zambry is not a very smart man

by Martin Jalleh

BN-appointed menteri besar Zambry Abd Kadir thinks he is very slick and smart. Sadly, he has shown himself to be very shallow and slow.

He had very gleefully posed what M’kini called a “pertinent question” to the Menteri Besar of Perak Mohd Nizar Jamaluddin. He had thought he had delightfully delivered a body blow, damned his rival, and driven him to the ground.

Zambry claimed that Nizar had stated his position as ‘Pasir Panjang assemblyman’ and not as ‘menteri besar’ in his nomination papers filed last Saturday, to contest the Bukit Gantang by-election on April 7.

“All this while, he has been telling the whole world he is the lawful menteri besar. So why didn’t he address himself as the menteri besar in the nomination papers?” exclaimed Zambry, much to the delight of the crowd comprising mainly women and the elderly. (M’kini)

The answer is very simple and it reflects how astute a politician Nizar really is. He has taken into account the politicial realities that he has to contend with — realities that appear more and more grotesque with each passing day in Bukit Gantang. Continue reading “Zambry is not a very smart man”

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Checkmate Barisan National in Perak

by Koon Yew Yin
20th March 2009

Like most ordinary people, I was initially very confused by all the articles and commentaries on the Perak constitutional crisis. Just like reading an interesting book, I was anxious to know what the ending would be. There is one important difference though. Unlike a book, the ending of this crisis – for better or for worse – will affect my life and the lives of ordinary rakyat of Perak, as well as all Malaysians, given the ramifications that the outcome will have on the constitutional process of political power and governance.

In recent weeks I have become increasingly concerned with the twists and turns in this modern version of the Perak wayang kulit which – as with some of the stories found in its traditional form – contains strong moral and ethical elements. These recent developments include the infamous act of demolition of the “Democracy Plaque” put up by the rain tree and the recent action taken by the Federal Government to charge Karpal Singh under the ISA for saying that the Perak Sultan can be sued.

All these events seem to indicate that the Barisan Nasional Government has prevailed in its attempt to oust the Pakatan Rakyat state government from power. Reading the official media accounts and analysis one can certainly be forgiven for thinking this. I, too, similarly was of this view until I attended the talk given by former Appellant Judge Dato N.H. Chan at the Perak Bar Council on 19th March 09. The title of his talk was ‘ How to Judge a Judge’. To get the maximum benefit from the lecture, I read up Justice Chan’s two articles, namely ‘The tussle between the Sultan and the Mentri Besar in Perak’ and ‘The Arrogance of a Novice Judge’. Continue reading “Checkmate Barisan National in Perak”

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Bukit Gantang by-election – three historic missions of the voters

The 55,562 voters in the Bukit Gantang parliamentary constituency have a three-fold historic mission when they cast their votes in the by-election on Tuesday, April 7, 2009.

Firstly, to vote on behalf of the people of Perak to reject the unethical, undemocratic, illegal and unconstitutional power grab in Perak orchestrated by Datuk Seri Najib Razak sparking off a prolonged constitutional crisis with two Mentris Besar, a political stalemate and the grave erosion of the doctrine of the separation of powers, symbolised by the Democracy Tree in Ipoh which has entered into Malaysian political folklore and gained international recognition and admiration. Vote on April 7 for a return of the mandate to the voters of Perak by dissolving the Perak State Assembly and holding of state general election for Perakians to decide on the government of their choice.

Secondly, to vote on behalf of the people of Malaysia to send a clear and unmistakable message to Najib, who is to succeed Datuk Seri Abdullah Ahmad Badawi as Prime Minister of Malaysia, that to safeguard the honour of the highest political office of the land and that of the nation, he must address the many serious swirling allegations haunting and hounding him whether about mega-defence commissions or the C4 murder of Mongolian Altantunya Shariibuu as they affect public and international perceptions about his suitability, integrity and legitimacy as Malaysian Prime Minister – and public interests demand a Royal Commission of Inquiry to establish Najib ’s innocence and clear his name with regard to all these allegations; and Continue reading “Bukit Gantang by-election – three historic missions of the voters”

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Scraping the bottom of the barrel for judicial talent

How to judge a judge
– a talk given to the Perak Bar on 7 March 2009 –
by N. H. Chan

The judge’s craft

Before anyone can hope to be able to judge a judge it is essential that he should know about his craft. It is only when you know of the judge’s craft that you will be able to judge the performance of the judges: it is only then that you will know the difference between the good and the bad judges. But before you go about judging them, remember the words of the most liberal of American judges, judge Learned Hand, who once wrote:

“… while it is proper that people should find fault when the judges fail, it is only reasonable that they should recognise the difficulties. Perhaps it is only fair to ask that before the judges are blamed they shall be given the credit of having tried to do their best. Let them be severely brought to book, when they go wrong, but by those who will take the trouble to understand. (Leaned Hand, The Spirit of Liberty, at page 110)”

So do take the trouble to understand, then, you may severely bring the judges to book whenever they go wrong.
Continue reading “Scraping the bottom of the barrel for judicial talent”

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Who will investigate MACC Chief Commissioner Ahmad Said for abuse of powers and charge him for “corruption”?

Malaysian Anti-Corruption Agency (MACC) Chief Commissioner, Datuk Seri Ahmad Said Hamdan is not shy in being seen as UMNO catspaw, not to fight corruption, but to further Umno’s ulterior motive and political agenda in its undemocratic, unethical, illegal and unconstitutional power grab in Perak.

For the second time since his appointment as MACC Chief Commissioner this year, Ahmad Said has shown his open bias against Pakatan Rakyat when he said in Kuantan yesterday that there were “elements of misuse of power” in the suspension of the usurper Perak Mentri Besar Datuk Dr. Zambry Abdul Kadir and his six illegitimate executive councilors by the Perak State Assembly Committee of Privileges, headed by the Speaker V. Sivakumar.

The first time was last month when Ahmad Said turned the MACC into a national joke, becoming known as “Malaysian Agency for Car and Cows”, when he publicly declared that the agency had “good and strong evidence” of corruption against the Selangor Pakatan Rakyat Mentri Besar Tan Sri Abdul Khalid over the car and cows controversy, destroying whatever credibility the MACC might have among Malaysians that it would be independent, professional and uninfluenced by the dictates of its political masters.

After the nation-wide outrage and furore over Ahmad Said’s statement reducing the agency into a “Malaysian Agency for Car and Cows”, a statement was issued early this month after a meeting of the MACC Advisory Board chaired by the former Chief Justice Tun Abdul Hamid Mohamed that the top MACC officials will not comment on ongoing cases before the investigation papers on the cases are completed or a decision is made by the deputy public prosecutor. Continue reading “Who will investigate MACC Chief Commissioner Ahmad Said for abuse of powers and charge him for “corruption”?”

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Sedition charge against Karpal

(The following is the charge preferred against DAP National Chairman and MP for Bukit Gelugor Karpal Singh under Sedition Act 1948 at the Kuala Lumpur Sessions Court on Tuesday 17 March 2009)

DALAM MAKAMAH SESYEN DI KUALA LUMPUR
KES TANGKAP NO:
PENDAKWA RAYA
LAWAN
KARPAL SINGH A/L RAM SINGH

Pertuduhan

Kamu didakwa atas kehendak Pendakwa Raya dan pertuduhan terhadap kamu ialah:

“Bahawa kamu pada 6 Februari 2009 jam antara 12.00 tengahari dan 12.30 petang di Tetuan Karpal Singh & Co yang beralamat No. 67, Jalan Pudu Lama, dalam Daerah Dang Wangi, Wilayah Persekutuan Kuala Lumpur dalam satu sidang akhbar telah menyebut kata-kata menghasut (transkrip ucapan dilampirkan sebagai LAMPIRAN ‘A’ kepada pertuduhan ini dan kata-kata menghasut digariskan); dan oleh yang demikian, kamu telah melakukan satu kesalahan di bawah seksyen 4(1)(b) Akta Hasutan 1948 (Akta 15) dan boleh dihukum di bawah seksyen 4(1) Akta yang sama.”

Hukuman

Kamu boleh, bagi kesalahan kali pertama, didenda tidak melebihi lima ribu ringgit atau dipenjara selama tempoh tidak melebihi tiga tahun atau kedua-duanya, dan bagi kesalahan yang kemudian boleh dipenjara selama tempoh tidak melebihi lima tahun.

Bertarikh pada 16 Mac 2009
PENDAKWA RAYA
[signature]
(TAN SRI ABDUL GANI PATAIL)
PENDAKWA RAYA
Continue reading “Sedition charge against Karpal”

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Political Roguery Runs Riot In Perak

by Martin Jalleh
(MJ tries to capture the initial events leading to Umno’s power grabbing, pariah politics and pyrrhic victory in Perak)

The rakyat of Perak are robbed in broad daylight of their political right to determine the State Government they want. Their will is ridden roughshod over by a few renegades and running dogs ready to reap their reward. A day of reckoning will come.

A fraudulent state government rules Perak. It is a farcical government of a fallacious “majority”. The people are frustrated and furious. They believe that a fake legislature forced upon them will eventually face its fatal consequences.

C4 and 4Cs

The Election Commission (EC) plays politics and panders to the political (pay)master. It even portrays itself as a court of law and makes a palpably wrong decision that prevents the people from being the paramount arbitrator to overcome Perak’s political deadlock.

The new EC chairman refuses to recognise the Perak Speaker’s request to call for two by-elections after two assemblymen “prostituted” themselves. It is a duty which he is constitutionally bound to do so – a fact promptly and plainly confirmed by his predecessor.

The EC chairman sets a precedent that will perpetuate party hopping and paves the way for Umno’s power grabbing, pariah politics and pyrrhic victory. He reinforces growing public suspicion that the EC is hand-in-glove with the powers-that-be. Continue reading “Political Roguery Runs Riot In Perak”

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3-day nefarious Operation Democracy Tree plaque vandalism–desecration completed

Vandalism and desecration of the Democracy Tree plaque has been completed in a three-day nefarious operation.

There is now not a trace of the Democracy plague or relic at the historic Democracy Raintree in Ipoh.

Ipoh City Council workers in a lorry and tractor were sighted at the site this morning at about 7.30 am this morning to “cleanse” the site, removing every bit and piece of the Democracy Monument.

Even the signposts for the five Democracy saplings were not spared.

Democracy Tree Plaque Completely Bulldozed Away
Continue reading “3-day nefarious Operation Democracy Tree plaque vandalism–desecration completed”

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Dr M says Perak grab unlawful

Malaysian Insider
March 14, 2009
By Shannon Teoh

KUALA LUMPUR, March 14 — More than a month after Barisan Nasional ousted Pakatan Rakyat from Perak, former Prime Minister Tun Dr Mahathir Mohamad today said the takeover was not done according to the law.

He said mistakes, bad strategy and carelessness in the Feb 5 power grab, orchestrated by Deputy Prime Minister Datuk Seri Najib Razak, had led to the current crisis in the state.

“You cannot topple a menteri besar or a prime minister without a no-confidence vote in the assembly. There is no other provision,” he said at a function organised by Mubarak, the association for former elected representatives.

“Umno-BN was too careless and did not wait for an assembly but instead asked the Ruler to sack the menteri besar,” he said, referring to Sultan Azlan Shah’s decision to ask Datuk Seri Nizar Jamaluddin to resign.

“As far as I know, there is no such provision in the Perak or Federal Constitution,” he said.

Dr Mahathir said that BN should have done it properly and not “be in conflict with the law” as the courts may now rule that the Sultan has no right to sack a menteri besar.

He added that a Sultan could only reject a candidate for one of his choice after an election but even this candidate could be defeated in the assembly by a vote. Continue reading “Dr M says Perak grab unlawful”

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Further vandalism of Democracy Plaque – Spirit of Democracy Relic inspires fear

The Democracy Tree plaque in Ipoh can be vandalized and desecrated but the spirit for democracy will grow stronger and more determined.

This was what happened when the Democracy Tree plaque was vandalized in the small hours of yesterday morning, with the vandals smashing into smithereens the top portion of the democracy plaque, turning it into a Democracy Relic.

But the Democracy Relic also inspires fear among the enemies of democracy and freedom in Perak and Malaysia.

In the small hours of this morning, like thieves in the night, the vandals went to work again, pouring black paint to erase the wordings of the Democracy Relic immortalizing the historic “Tree Perak State Assembly” on March 3, 2009, which has entered the folklore of the human struggle for democracy, attracting national and international interest and attention.

The enemies of democracy are in mortal fear of the Democracy Tree, Democracy Plaque and the Democratic Relic.

Democracy Tree Plaque Vandalised Further with Black Paint
Continue reading “Further vandalism of Democracy Plaque – Spirit of Democracy Relic inspires fear”

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Democracy Tree plaque vandalised

After five days, the Democracy Tree plaque in Ipoh has been vandalised.

The vandals came in the small hours of the night and smashed into smithereens the top portion of the democracy plaque, leaving behind a “democracy relic”. (pic)

How contemptible.

Everybody knows who are the dastardly masterminds of the latest sacrilege against democracy in Perak and Malaysia.

Photo after vandalism – “Democracy Relic”
Sacrilege Against Democracy

Photo before the vandalism – “Democracy plaque”
Plaque commemorating the Tree of Democracy

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“Perak Speaker must be represented by State Legal Adviser” – Government Proceedings Act 1956 Irrelevant

(By CKO, an Advocate practicing in Sabah, who has no political affiliation.)

1. Much has been said on the recent legal battles in Perak in the first week of March 2009, including the decision of the Ipoh High Court to grant an Order against the Speaker under Section 44(1) of the Specific Relief Act 1956. The Ipoh High Court apparently has ruled that because of the Government Proceedings Act 1956 (“GPA”), the State Assembly Speaker must be represented by the State Legal Advisor in the relevant legal proceedings. However, it is my humble view that the GPA was not applicable at all.

State Speaker Must be Represented by the State Legal Advisor?

2. There is no official report yet on the actual legal basis for the High Court’s rulings on this point, so we can only rely on the press reports. It has been reported that:-

“Mohd Hafarizam had argued that the Speaker’s own lawyers could not represent him as he was considered “part of the government”, and therefore only the state legal adviser could act for the Speaker and State Assembly members.”

(Speaker restrained from convening ‘State Assembly meetings’; The Star, Wednesday, March 4, 2009)
http://thestar.com.my/news/story.asp?file=/2009/3/4/nation/3399999&sec=nation

“Datuk Hafarizam Harun, who is leading the lawyers representing the three independent state representatives who switched to support Barisan Nasional, said Sivakumar could use private lawyers only if he resigns.

“Then we can elect a new speaker from the Barisan Nasional,” Hafarizam said, reflecting Barisan Nasional’s strategy to oust the speaker.

He added that Sivakumar had no choice but to use the SLA even if he had no faith in that person. “The prime minister also has to use the Attorney-General. It is not a matter of choice.””

(High Court: Sivakumar must be represented by state legal adviser; The Malaysian Insider, Thursday, March 5, 2009)
http://www.themalaysianinsider.com/index.php/malaysia/19690-high-court-sivakumar-must-be-represented-b

3. Presumably, such a sweeping argument made by the lawyers representing the Perak Barisan Nasional was based on Section 24 of the GPA:- Continue reading ““Perak Speaker must be represented by State Legal Adviser” – Government Proceedings Act 1956 Irrelevant”

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Assault On Legislature, Constitution Dead

by Malik Imtiaz Sarwar

Discussing the Perak situation with specificity is, by this stage, a difficult thing to do. So much has happened so quickly. Nuanced actions and counter-actions, some of it in uncertain legal terrain, and relatively scarce details have made it precarious to consider certain key events – the legal action against the Speaker and its incidents, for instance – with the depth that only certainty would allow for.

Having said that, whatever the specifics may be and whoever may be right as to the validity or legality of certain aspects of the unfolding saga, when considered from a broader perspective and with reference to the fundamentals of democracy, I do not think that the situation in Perak is very complicated at all. As Tengku Razaleigh recently observed, a chain-reaction of illegality has left Perak possibly without a legitimate government and the Constitution a dead piece of paper.

I was too young to fully appreciate the terrible impact on democracy that the events of 1987 and 1988 had. Understanding came later, as I learnt to see what needed to be seen: the supremacy of the Constitution, the separation of powers and the check and balance it is aimed at, the independence of the judiciary and, correspondingly, the legislature. But even as my awareness of what had happened and how it had happened increased, I rather naively found myself thinking that it was unlikely that we would ever see anything of the likes again. Those events had simply been too heinous and the injuries inflicted on this nation too serious to ignore, even by those who had been responsible and those who would possibly follow in their footsteps.

Or so I thought. Continue reading “Assault On Legislature, Constitution Dead”