Perak: Legal Speaker vs Illegal Speaker

The Perak political crisis has now shifted to a court battle over the legislative assembly speaker's chair, with ousted Perak state assembly speaker V Sivakumar, is seeking two court injunctions against his replacement.

In the statement of claims filed at the Ipoh High Court at about 11:30am today, Sivakumar is seeking an injunction against Barisan Nasional installed speaker R Ganesan from obstructing him in exercising his duties.

Sivakumar is also seeking unspecified damages for "assault and battery" suffered during the May 7 state assembly, where he was forcibly removed from the House by police personnel on Ganesan's orders.

On this note, Sivakumar is also seeking an injunction against Ganesan from ordering "any further abuse, assault and/or battery by (Ganesan) and/or his agents or servants".

If these injunctions are granted, Pakatan Rakyat would have effectively stymied the widely-expected emergency sitting called by BN to move a vote of no-confidence against Pakatan's Mohd Nizar Jamaluddin as menteri besar.

On Monday, Nizar was declared the legitimate menteri besar by the Kuala Lumpur High Court. His BN counterpart Zambry Abdul Kadir however managed to secure a stay of execution order the next day at the Court of Appeal.

‘False imprisonment'

In the statement of claim, Sivakumar said that he was at all material times Tronoh state assemblyperson and state assembly speaker, while Ganesan was not an elected member of the assembly.

Sivakumar stated that he was forcefully ejected from the assembly and assaulted by Ganesan's agents and later "imprisoned" for more than an hour.

"By the reason of the abovestated matters, the plaintiff (Sivakumar) was prevented from carrying out his duties and obligations as the lawful speaker of the assembly and suffered shock, pain and injury, loss and damage.

"The plaintiff also suffered and endured great humiliation and embarrassment in public," read Sivakumar's statement of claim.

Sivakumar is also seeking damages for "false imprisonment". The suit was filed by Chan Kok Keong and Associates. Chan had acted for Sivakumar in several other cases related to the Perak crisis.

In an immediate reaction, Ganesan told Malaysiakini that Sivakumar had the right to file the case, but maintained that he was the lawfully elected speaker.

"He may claim that he is the rightful speaker, but whatever we did was in accordance to the standing orders of the house and I'm the legally existing speaker. We'll see them in court," he said.

Malaysiakini
15/05/09

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