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Court of Appeal: Sivakumar can have private counsel PDF Print
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Friday, 13 March 2009 15:24

(Bernama) -- The Court of Appeal on Friday held that Perak State Legislative Assembly Speaker V. Sivakumar can engage private lawyers to represent him in two civil suits brought by Datuk Dr Zambry Abdul Kadir and six state executive councillors and three independent assemblymen.

Justices Datuk Md. Raus Sharif, Datuk Abdull Hamid Embong and Datuk Ahmad Maarop unanimously held that there was no provision in law to say that the speaker must be represented by Perak legal adviser Datuk Ahmad Kamal Md Shahid.

"A speaker is not a state officer or the Government of the state. Sivakumar is at liberty to engage lawyers of his choice," Raus said in his oral decision allowing Sivakumar's appeals to set aside the Ipoh High Court's ruling that only the State Legal Adviser can represent him.

On March 3 and 5, Judicial Commissioner Ridwan Ibrahim refused to allow private attorneys to represent Sivakumar.

Zambry and the six state Exco had brought a suit against Speaker seeking a declaration that the Speaker's decision in suspending and preventing them from attending the assembly's sittings for 18 months (for Zambry) and 12 months (for the rest) is null and void.

The other suit was brought by the three independent lawmakers Jamaluddin Md Radzi, Capt (R) Mohd Osman Jailu and Hee Yit who wanted the court to declare that their Behrang, Changkat Jering and Jelapang seats are not vacant and that they are still the legitimate people's representatives.

This followed the Speaker's announcement last month that they had vacated the seats after Jamaluddin and Osman quit Parti Keadilan Rakyat and Hee left DAP.

Comments (30)Add Comment
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written by ibabonma, March 13, 2009 15:30:57
That shows how stupid is Judicial Commissioner Ridwan Ibrahim.
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written by OVERLORD, March 13, 2009 15:32:27
Ridwan, do you feel something sticking up your arse?That is a broom stick of justice!enjoy IT will you can.you are nothing but a UMNO whore!useless lawya buruk!
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written by Don Corleone, March 13, 2009 15:32:59
I'll bet that if Sivakumar brings another action in front of this dungu Ridwan, he will still rule against Sivakumar - just to force the Speaker to appeal and buy time for the Barang Naik thieves. Such is our justice system today.
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written by Ben, March 13, 2009 15:50:20
We pray that the senior judges blessed with wisdom will rid one of their lame probates before he tarnishes more the good name of the judiciary. Amen.
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written by Come clean, March 13, 2009 16:05:08
Any person on the street knows very well that that bloody Judicial Commissioner Ridwan Ibrahim had erred and erred gravely. But rest assured, he will definitely be promoted!
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written by purpleshoppe, March 13, 2009 16:05:43
the earlier judge must be so KAYU to rule that siva cannot use his own cousel what kind lf lawlessness is he portraying? malaysia is a free and democratic country. free people with free will is this not the spirit of the constitution? and the court of appeal one wonders if the judgement is out of a fair system of judiciary, or they have been instructed of such judgement to avoid making the Rakyat more angry ZERO reliability on our judiciary, ZERO trust in out MacC

Reformasi must continue.... R.E.F.O.R.M.A.S.I.

ridwan KAYU ibrahim should instead tell najib he cannot seek QC help in UK to rule perak chaos in favour of BN

BN failed miserably to uphold the appointment of Zambry and is so desperate they want to pay some mat salleh judge to rule in their favour! they are government and state officers wat, required by law to use state legal adviser
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written by Rundukon, March 13, 2009 16:15:02
Before we heap praises on the senior judges, we must take note that there are other senior judges who are UMNO's tools...like those who declared that Kurup was legally elected in Pensiangan, reversing the election judge decisions, when there were abundant incontrovertible evidence to show that the election judge decision was right. The senior judges decision was an affront to common decency and an insult to people’s intelligence.
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written by carribeanking7, March 13, 2009 16:17:42
Judicial Commissioner Ridwan Ibrahim should step down in disgrace,
Bar Council should investigate him for abusing the legal process.
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written by Littlebird, March 13, 2009 17:08:31
Remember what Mahathir said about Anwar's trial? Anwar was represented by many top lawyers so how can you say it was not a fair decision. So end of the day, Sivakumar just being deprived one ground to argue he did not have a lawyer of his choice.
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written by educationist, March 13, 2009 17:34:08
That's Mahathir's logic - we know who the judge is and where he is today, don't we?
But the Appeals Court decision give us hope that the executive[read as UMNOputras] do not control the judiciary completely.
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written by zonefinder, March 13, 2009 17:35:15
I suggest we create a HALL OF SHAME for these jokers with photos and addresses so that we can pay "homage" to these guys...like taking a pee outside their gates or something..
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written by smalluncle, March 13, 2009 17:46:36
Get Rid (of) Wan a proper pair of reading GLASES. If that does not help in his reading of the LAWS, then send him back to Law school before more innocent people were sent to the gallows because of his illiteracy. smilies/angry.gif
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written by chaiksyn, March 13, 2009 17:59:31
Oh my...how can this guy be a Judicial Commissioner when he doesn't really understand the law!
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written by kurangfaham, March 13, 2009 18:01:06
The public opinion is that the JC Ridwan should go on a optional retirement before he himself tarnish his own name by making mistakes after mistakes. Even from the very beginning we know that this will be the result like. Where he is going to set his face.
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written by MyBUDAK, March 13, 2009 18:12:23
this shows Ridwan need to study lor... smilies/grin.gif

Justice NH Chan already said this Ridwan need to learn and respect Snr Lawyers engaged by YB Siva... smilies/wink.gif

DON'T PLAY with FIRE... smilies/angry.gif
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written by Hakim Joe, March 13, 2009 18:25:01
Can't entirely blame that Ridwan Ibrahim fella...
Afterall monkeys are trained to obey their masters without question.

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written by savemalaysia, March 13, 2009 18:34:05
Isn't this a perfect reminder to the snob and novice JC that he's not fit to hold office in the judiciary? Ridwan, you're making such bias decisions and uncharacteristic intrusion into the legislature that everyone, except Zambry and his gang, can only think of you as being on UMNO-BN's payroll.
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written by adan, March 13, 2009 19:00:24
Three Court of Appeal Judges held that there was 'no provision in law'that the Perak State Speaker must be represented by Perak Legal Adviser. It is utterly shocking to know that JC's verdict in such crucial issue is NOT based on any' provision in law.' Did JC take the liberty to' legislate'his own law?. If it is so,then did the JC violate the separation of powers?? If it is so, then ,did the JC abuse and misuse his powers??
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written by No nonsense, March 13, 2009 19:10:00
Sivakumar please get advice from the QC. They can do it so can you.The light is at the end of the tunnel. Let those in darkness feel the power of the light. Power on Bro. Siva we are all behind you.
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written by Old Man, March 13, 2009 19:42:24
It may or may not be a blessing in disguise! "A Speaker is NOT a state officer..."
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written by onnetline, March 13, 2009 19:46:01
JC Rizuan knows the constitution but likes to have a ' Datukship ' lah !!!

Another BN pariah dog !
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written by Mama Juwie, March 13, 2009 19:52:43
JC Ridwan has his hands both tied. We can't expect him to be fair when C4 is planted below his seat and the remote control is in Najib's hand.
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written by mikewang, March 13, 2009 21:44:35
The Judicial commissioner was wrong, dead wrong.

This may also render that the earlier order by him to stop the speaker to convene "illegal" meetings as void since the speaker was improperly ruled to be represented by a solicitor that he neither appoint nor approve of.
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written by lhccys, March 13, 2009 21:51:45
Hey Rizuan,

Your decision on Sivakumar's appeal is just like your father in law rufused to allow you to ..ck your wife, he told you that the only person who can represent you (to ..ck your wife)is your brother in law ie your wife's brother. Your father in law told you that you are only outsider, so you cannot represent his family doing the ..cking. He said you do not belong to his immediate family. So you feel happy with his decision rite?

By the way, where did you get your law degree eh? Timbuktu ke? It is a grieve disgrace to all law practitioners!!!

Cheers to Justices Datuk Md. Raus Sharif, Datuk Abdul Hamid Embong and Datuk Ahmad Maarop for a job well done!

Note: ..ck = kick smilies/grin.gif smilies/grin.gif smilies/grin.gif
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written by es_bberry, March 13, 2009 22:37:05
Hop, hop, hop, another kangaroo court. How low can you go? Don't these judges know all their actions are showing how corrupted and unfair our judiciary system is. All the more MAJOR changes are required.
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written by Highway16, March 14, 2009 00:02:08
I believed he graduated from a Kangaroo Law School!

He read only Kangaroo Laws.
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written by aeromaverick, March 14, 2009 00:15:53
"Justices Datuk Md. Raus Sharif, Datuk Abdull Hamid Embong and Datuk Ahmad Maarop unanimously held that there was no provision in law to say that the speaker must be represented by Perak legal adviser Datuk Ahmad Kamal Md Shahid."

I hope these brave men will be able to stand up to the upcoming pressure on them.

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written by MAGELLAN, March 14, 2009 00:52:34
Wonder how he was appointed as JC?? He does not even know that there is no provision in the law to compel Sivakumar to be represented by the state legal adviser. What a sham!! No, I mean shame!

Mr. JC, if you don't know the law, then don't assume! When you do you make an ass of yourself.
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written by ciahcra, March 14, 2009 01:56:09
haiya, basic law 101 pon fail ke ridwan? when there is a conflict of interest between lawyer and his/her client, obviously the lawyer cannot represent the client anymore? you don't have to have a law degree to know that. it's a common sense. You got no common sense ah?
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written by Yacob, March 14, 2009 10:43:40
If I were JC Ridwan, I will tell to the whole world "I know that I'am stupid" and then just relinquish the JC post.
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