Sivakumar vs Zambry: Under the tree again (Update)

By CHRISTINA KOH (The Star)

IPOH: Perak Pakatan Rakyat’s emergency sitting under a tree once again came under scrutiny in High Court here when it was raised during a suit brought against Assembly Speaker V. Sivakumar.

Sivakumar’s lead counsel Tommy Thomas sprang a surprise when he pointed out that the March 3 sitting had endorsed the Speaker’s decision to suspend Perak Mentri Besar Datuk Dr Zambry Abd Kadir and his six executive councillors.

The legal team, who had on Tuesday filed an affidavit mentioning the sitting, raised the arguments during a hearing of Sivakumar’s application to strike out the suit Thursday.

Thomas also submitted that the Speaker had immunity from court proceedings under Article 72 of the Federal Constitution and the Perak Legislative Assembly (Privileges) Enactment 1959.

Dr Zambry and his six exco members are seeking an declaration that Sivakumar’s decision to bar them from assembly sittings was unconstitutional and invalid.

Justice Wan Afrah Wan Ibrahim, who heard the case in chambers, fixed April 9 to hear further submissions after Dr Zambry’s lawyers asked for time to respond to the affidavit.

Dr Zambry’s lead counsel Firoz Hussein Ahmad Jamaluddin told reporters that the March 3 sitting had never been an issue until it was brought up by Sivakumar’s lawyers on Thursday.

“We have already expressed our views about the unconstitutionality of the meeting under the tree, and that the meeting is by no stretch of the imagination a meeting of the state assembly,” he said.

Meanwhile, Attorney-General Tan Sri Abdul Gani Patail told reporters that the court had also allowed him to intervene as a party in the suit.

He said that the case was of immense public interest as it involved the interpretation of the Constitution, which would affect all the other states.

Abdul Gani added that a full investigation should be conducted as he believed there may be “something wrong” with the affidavit.