Speaker: It’s in the constitution

(NST) ALOR STAR: There is no room for discretion in the case of Datuk Abu Hassan Shariff of Barisan Nasional, whose fate as the Kota Siputeh assemblyman is in jeopardy due to his absence from two consecutive meetings of the assembly this year.

Kedah state assembly Speaker Datuk Dr Abdul Isa Ismail said this, citing provisions in the state constitution. He said the rule in the constitution was decisive in that it gave no room for discretion to those who failed to abide by it.

He read out Section 51 of the state constitution, in both Bahasa Malaysia and English, which states: "If any member of the legislative assembly is absent from the assembly without leave of the speaker for two consecutive meetings, his seat shall become vacant."

"The provision was clear, the language used was simple and you don't need to be a law student to understand it. There is no room for discussions."

Abu Hassan failed to turn up for the April 19 and Aug 9 meetings.

Isa admitted he had received an apology letter from Abu Hassan. However, he had a different version of the story.

"I admit I received an apology letter and a medical certificate showing that the assemblyman was ill and unable to attend the Aug 9 meeting.

"However, the letter was only faxed to my office on Aug 12 about 5pm, but the medical certificate stated that the assemblyman was required to rest until Aug 10. Why wait until Aug 12 to inform me of the absence?"

Abu Hassan was reported to have said that he had faxed an apology letter and his medical certificate to Isa's office on Aug 10. He had also said he met Isa at the latter's office on Aug 12 to deliver his apology letter, medical certificate and explain his absence.

Abu Hassan, who is also the Jerlun Umno division chairman, said he had tried to look for Isa at the latter's house in Jitra near here on Aug 11, but Isa was not around.

"The assemblyman came to my office on Aug 16 to explain his absence. He apologised for his negligence.

"Abu Hassan also passed me the original copy of his apology letter and medical certificate. I explained to him the consequences of his action," Isa said.

Asked about Abu Hassan's efforts to look for him at home, Isa said he was not aware of it.

 

"That's what he said. However, he should come to my office instead of my house.

"In his letter, the assemblyman stated that he had informed state opposition leader in the House Pedu assemblyman Datuk Seri Mahdzir Khalid, through a text message, that he was unable to attend the meeting. Why inform the opposition leader and not me? The assemblyman could also notify officers at my office on his absence."

He said Abu Hassan did not explain his absence at the April 19 meeting.

Isa said he would leave the matter to the Election Commission to decide.