The “Tree Injunction” – my thoughts


I shall call it the "tree injunction". Not because it was granted under a tree. But it was obviously aimed to stop the sitting of the Perak Legislative Assembly under a tree and any other similar "unlawful" assembly.

Firstly, the question is whether Sivakumar should be represented by the State Legal Adviser. The Judicial Commissioner said he should be and therefore "private lawyers" were banned from the hearing. At the risk of being pedantic, I have to say, first of all, there is no such thing as private lawyers. There are advocate and solicitors. And on the side of the Government, there are Federal Counsel, or State Legal Adviser who appear in civil cases and Deputy Public Prosecutor or the Attorney General himself who appear in criminal cases. On the issue whether Sivakumar must be represented by the State Legal Adviser, an opinion has been rendered at Loyar Burok. I find myself in complete agreement with that opinion and I will not add anything.

Secondly, I am just puzzled and bewildered at the stand taken by Zambry, the person whom the BN is saying is the legitimate MB. Now, if he is the legitimate MB, shouldn't he be represented also by the State Legal Adviser? If so, how come he was represented by "private lawyers"? I don't understand this part.

Thirdly, I am even more puzzled and bewildered at the end result of the argument by Mohd Hafarizam on the first issue above. If what he said is correct, namely, that Sivakumar should be represented by the State Legal Advisor, and consequently Zambry also has to be so represented, wouldn't there be a clear and obvious conflict of interest on the part of the State Legal Adviser in this matter? How could he act for both parties, who are advancing, quite clearly, directly opposing arguments in the matter?

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