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Thursday 5 March 2009

Go back to the people... and now Chin Peng

By Jeffooi(Screenshots.com)

If law experts' contradictory views are taken as a bellwether, even the legal fraternity has no clues as to how the constitutional crisis in Perak should play out.

[ Read here (Tommy Thomas), here (Dr Shad Salem Faruqi) and here (Dr Mohammad Agus et.al.) ]

In the opinion space, The Nut Graph carried an article from the Centre for Independent Journalism that laments on the suppression of debate on the conduct of the royal families, notably the one in Perak. The same article was re-posted in the official website of the Malaysian Bar Council.

Meanwhile, Bar Council president Ambiga Sreenevasan wrote in council's official website that the events unfolding in Perak are unprecedented and involve complex legal issues. "It is impossible to provide a conclusive opinion on them. Some matters may, however, be addressed generally as a matter of principle," she said.

Meanwhile, lawyers at Loyar Burok offered their views on the same issue of matter of principle, particularly on the powers of the Speaker of the Perak State Asembly.

Pointing to yesterday's "Democracy Under A Rain Tree" incident, where 27 Perak State Assemblymen were prevented by the OCPD from entering the State Secretariat building, apparently upon “instructions” from the State Assembly Secretary, Ambiga said further recounting those errors of errors:

The role of the State Assembly Secretary now comes under scrutiny. He is an official appointed from the public services and is only responsible for the administrative management of the State. He therefore has no authority to decide or pronounce whether a legislative assembly sitting is valid or not. The police have therefore acted improperly on his advice in defiance of the Speaker of the Legislative Assembly. These errors are further compounded by events that transpired in the High Court.

Ambiga pointed to the principle of law and questioned the legal sanction of the State Legal Advisor. She also raised issues on the legal standing of holding a State Assembly session in an open space well within the sanctity of the official geo-space. She said: "No doubt there will be contrary views but it must be understood that this situation is unprecedented and the Standing Orders may not adequately cover these eventualities, thus leaving the Speaker with the powers to act according to the circumstances of the case." More quote:

We will no doubt see another case filed in Court. And the public has to further suffer the consequences of uncertainty.

The situation is untenable and cries out for the one thing that will resolve it conclusively – fresh elections. There is now a window of opportunity for this to happen. Let the people decide.

Let the people decide! Well said. But the people must know that Sultan Azlan Shah can invoke His royal authority and decide otherwise, can't he?

BY THE WAY... There is a lot of wisdom to pierce through the evil mantra of Three Rs -- Race, Religion and Royalty -- that a certain race-based political party has advocated.

And never mind that the ghost of Chin Peng has been brought in by a blogger or two at this critical point in time.

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