Was Perak’s speaker represented in court yesterday?

IPOH, March 4 - By Lee Wei Lian | Malaysianinsider

The court order document restraining Perak state assembly speaker Sivakumar from convening any more unlawful state assembly meetings has raised doubts over whether he was represented in court.

Sivakumar’s lawyer Chan Kok Keong says that the wordings of the order has left it unclear whether Sivakumar was actually represented and the matter would have to be clarified tomorrow.

If it was determined that nobody was acting on the speaker’s behalf, then it would be considered an ex-parte order and may be set aside.

“The Order as drafted is very surprising because it states that Senior Federal Counsel was acting on behalf of the State Legal Adviser of Perak,” said Chan in a statement to the media. “To the best of our knowledge, the State Legal Adviser was not a party to the proceedings. In view of this we will be seeking a clarification from the Senior Federal Counsel as to whether he did or did not act for Mr Speaker in yesterday’s hearing before Tuan Ridwan Ibrahim, Judicial Commissioner.”

He elaborated that the defendants named in the order document was Sivakumar and the State Assembly of Perak.

However, it was also stated that the decision was made by the judicial commissioner Ridwan Ibrahim after hearing submissions by Zulqarnain Hassan, senior federal counsel who is appearing on behalf of the state legal advisor, without mentioning Sivakumar.

Chan added that that according to Article 132 (3) (b) of the Federal Constitution, the speaker cannot be considered a public servant and therefore is not obliged to be represented by the state legal advisor.

According to excerpts of the Federal Constitution provided to reporters by Chan, Article 132 (3) (b) 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;”

As for the restraint placed on the speaker from convening unlawful meetings, Chan said that: “Mr Speaker has instructed us to state that he has not convened any unlawful meeting of the Perak Assembly, did not convene any unlawful meeting and does not intend ever to convene any unlawful meeting. Mr Speaker, the guardian and protector of the Privileges of the House would not do anything that would bring the house into disrepute.”

Chan also said that as the order was worded in a future tense, it is forward looking and therefore has no retrospective effect.

“The order does not affect our meeting yesterday,” said DAP chairman Ngeh Koo Ham in a separate statement. “There is nothing to restrain us from carrying out what was decided yesterday.