KUALA LUMPUR: Perak State Assembly Speaker V. Sivakumar has filed an application in the High Court here for a declaration that the state legal adviser had no authority to represent him in Ipoh High Court matters on Tuesday and Thursday.
On Tuesday, Judicial Commissioner Ridwan Ibrahim granted Perak Mentri Besar Datuk Dr Zambry Abd Kadir and his six executive council members an order to restrain Sivakumar from convening any meetings purporting to be State Assembly meetings.
In the proceedings, State Legal Adviser Datuk Ahmad Kamal Md Shahid had “represented” Sivakumar after the judge had ruled that he could not be represented by private counsel.
Then on Thursday, assistant State Legal Adviser Zulkarnain Hassan “represented” Sivakumar in hearing preliminary objections in the two suits filed against him.
The first suit, filed on Feb 27, was by three independent assemblymen seeking a declaration that they were still elected representatives. The second was the suit filed by Dr Zambry and the six exco members on March 2 challenging Sivakumar’s decision to suspend them.
Sivakumar’s suit, filed at 3.40pm Friday, seeks a declaration the state legal adviser had acted “negligently, in breach of contract and in breach of duty resulting in an injunction” being granted against him on March 3.
He is also seeking a declaration that the injunction order is “a sham” and thus, null and void and not enforceable against him.
He is also seeking a declaration that the state legal adviser had breached the fiduciary duties owed to Sivakumar when he appeared for the hearing of the injunction application.
Lawyer Tommy Thomas, who is representing Sivakumar, filed the suit through his legal assistant N. Ganesan.
The suit claims that Sivakumar is the head of the legislative branch of the Perak government and not a civil servant or a member of government, and thus does not need to be represented by the state legal adviser.
It also argues that the state legal adviser is the legal adviser to the Barisan Nasional Perak state government, and is therefore compelled to serve the interests of his employer, which places him “in no position to protect and preserve the interests” of Sivakumar.
Among others, the suit seeks damages, interests, costs and other relief deemed fit by the court.
Earlier Friday, Sivakumar also filed appeals against the decision of the Ipoh High Court that disallowed him from appointing his own counsel.
Star Online
06/03/09
On Tuesday, Judicial Commissioner Ridwan Ibrahim granted Perak Mentri Besar Datuk Dr Zambry Abd Kadir and his six executive council members an order to restrain Sivakumar from convening any meetings purporting to be State Assembly meetings.
In the proceedings, State Legal Adviser Datuk Ahmad Kamal Md Shahid had “represented” Sivakumar after the judge had ruled that he could not be represented by private counsel.
Then on Thursday, assistant State Legal Adviser Zulkarnain Hassan “represented” Sivakumar in hearing preliminary objections in the two suits filed against him.
The first suit, filed on Feb 27, was by three independent assemblymen seeking a declaration that they were still elected representatives. The second was the suit filed by Dr Zambry and the six exco members on March 2 challenging Sivakumar’s decision to suspend them.
Sivakumar’s suit, filed at 3.40pm Friday, seeks a declaration the state legal adviser had acted “negligently, in breach of contract and in breach of duty resulting in an injunction” being granted against him on March 3.
He is also seeking a declaration that the injunction order is “a sham” and thus, null and void and not enforceable against him.
He is also seeking a declaration that the state legal adviser had breached the fiduciary duties owed to Sivakumar when he appeared for the hearing of the injunction application.
Lawyer Tommy Thomas, who is representing Sivakumar, filed the suit through his legal assistant N. Ganesan.
The suit claims that Sivakumar is the head of the legislative branch of the Perak government and not a civil servant or a member of government, and thus does not need to be represented by the state legal adviser.
It also argues that the state legal adviser is the legal adviser to the Barisan Nasional Perak state government, and is therefore compelled to serve the interests of his employer, which places him “in no position to protect and preserve the interests” of Sivakumar.
Among others, the suit seeks damages, interests, costs and other relief deemed fit by the court.
Earlier Friday, Sivakumar also filed appeals against the decision of the Ipoh High Court that disallowed him from appointing his own counsel.
Star Online
06/03/09
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