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Right vs might in Perak: Eye on Sultan, interference shifts from the police to the courts

Perak Speaker V Sivakumar was forced to hold the emergency sitting of the state legislature at a car park, located some 50 metres away from the secretariat building, after several scuffles broke out and negotiations with police failed.

Under the shade of a leafy tree, Sivakumar - fully robed and surrounded by Perak lawmakers - began the process of democracy.

Tabling three motions, he asked the hundreds of onlookers to keep as quiet as possible and not to interrupt the proceedings. The first motion to be tabled was a vote of confidence in PAS leader Nizar Jamaluddin as Menteri Besar of Perak. It was passed unanimously.

The second motion was to seek royal consent for dissolution of the state assembly, paving the way for the people of Perak to determine the leadership they wanted. It was passed unanimously.

The third motion was to endorse the suspension of BN Menteri Besar Zambry Kadir and six of his executive councillors for contempt of House rules. It was also passed unanimously.

It now remains to be seen if the Sultan of Perak will recognise the wishes of his subjects and grant Nizar an audience so that the promised dissolution of assembly can be formalised, and state-wide polls called.

A key turning point for Malaysians
Hundreds of Perakians had gathered around the vicinity of the Perak Darul Ridzuan building since early this morning to either watch or participate in the event, which will surely go down in history as a key turning point in Malaysian politics - the day when democracy was tested.

“We were forced to meet under a tree due to the doctrine of necessity. State assemblymen were notified to attend but were blocked by police. It is sad that state representatives are being blocked from doing their duties. The whole world can see how this country, which is supposed to be advanced, holds an assembly sitting under a tree.” said Nizar.

He will seek an audience with the Sultan as soon as the minutes of the sitting are ready. All 28 Pakatan Rakyat assemblymen were present and voted, fulfilling the required quorum.

Police and Umno supporters had tried to block Sivakumar and other lawmakers from entering the premises to table the motions because they could spark the downfall of the Umno-BN state government.

Hence the strong police reaction and their antagonism, despite calls and reminders from civil society and the Bar Council for neutrality and respect for the law. Yet they paid no heed.

The episode has unmasked the Umno-BN coalition and its leaders, in particular Deputy Premier Najib Abdul Razak. Their disregard for democratic principles and the rule of law in favour of personal power - regardless of the damage to the nation - has been exposed for all to see.

As incoming Umno president and Perak chief, Najib has to take the rap. Together with Zambry, he tried all ways to scuttle the sitting. But Zambry is now unseated by the vote of confidence in Nizar, while Najib is unlikely to ever regain the trust of Malaysians including the Malays.

“If over a former tin-mining state like Perak, Najib is prepared to damage the nation in this way, just imagine if the whole country was a stake. If he can suppress a state-wide snap election, what makes you think he won’t suppress a nation-wide general election, where the payoff and rewards are so much greater,” said a political analyst

From the police to the courts - is there any institution left untouched?
Meanwhile, attention has swung from the police to the courts, where the interference by the politicians of the day is just as rampant. For example, Najib’s mentor, former premier Mahathir Mohamad, was investigated by a Royal Commission for judge-rigging less than two years ago.

And as expected, Justice Ridwan Ibrahim later this afternoon ruled in favour of the Zambry team, banning all assembly sittings indefinitely. However, according to the Star the order was not retrospective and did not cover the emergency sitting.

Zambry filed an injunction against Sivakumar only at 8.30 am today to stop him for convening any assembly meetings but the case was heard only in the afternoon, hours after the sitting had concluded.

It is also telling that Sivakumar was informed that he was represented by Zulqarnian Hassan, the deputy state legal advisor only after the ruling was made. Sivakumar’s legal team was disqualified by Justice Ridwan earlier in the day, on the grounds that the Speaker could not be represented by private lawyers - only the state legal advisor could represent him.

“How can the state legal advisor now represent a defendant that his own client is suing? How can he act for both plaintiff and defendant? It is a clear case of conflict,” asked Ipoh Barat MP Kulasegaran, who stepped in to represent Sivakumar.

Two suits filed against Sivakumar yesterday were also heard this morning. The first suit was filed by the three Independent assemblymen - formerly Pakatan members who have since declared themselves ‘Umno-BN friendly’. They are challenging the status of their undated resignation letters which Sivakumar had used to declare their seats vacant.

The second was filed by Zambry and six executive councillors, challenging their suspension from attending any sittings for the next 12 to 18 months.

Hearing of these two cases has been adjourned to Thursday, while Sivakumar’s team of private lawyers led by Tommy Thomas awaited his further instructions. It is probable Sivakumar will appeal against all the rulings.

Said Bar Council president Ambiga Sreenevasan: “Our institutions, that is the courts, the police and so on, are being tested and we can judge for ourselves whether they are acting independently or not.

Said KeADILan information chief Tian Chua:”This is where the real danger to our society lies - from the way the Umno-BN consistently and persistently violates our laws,”

Suara Keadilan
03/03/09

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