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Wednesday 4 March 2009

IPOH HIGH COURT JUDICIAL COMMISSIONER RIDWAN IBRAHIM HAD ERRED IN LAW

The Ipoh High Court Judicial Commission Ridwan Ibrahim who heard the hearing to restrain Perak State Speaker V. Sivakumar from convening any unlawful meetings purporting to be state assemblies had actually ERRED IN LAW since he had demanded that the State Legal Advisor should represent him rather than his personal lawyers. The reasoning is that since at the Kuala Lumpur High Court in the suit between Datuk Seri Nizar and Datuk Zambry, the State Legal Advisor's seem to represent the 'illegal and dubious' Mentri Besar Datuk Zambry, so how can these government officials represent both sides - conflict of interest.

Judicial Commissioner Ridwan Ibrahim, who heard from lawyers on both sides in Chambers, made his decision under Section 44 of Specific Relief Act by granted an order to restrain Perak Speaker V. Sivakumar from convening any unlawful meetings purporting to be state assemblies but it was not retrospective.

Furthermore, if we were to look at section 24 in GOVERNMENT PROCEEDINGS ACT 1956 (REVISED 1988), the words used is "may", and not the word "shall" , which clearly means that it is optional, and the State Official can be represented by other lawyers of his personal choice.

The most important factor now need to be considered is that the State Assembly sitting had successfully been convened and decisions made and this case could just be considered OUT OF TIME and JUST ACADEMIC.

The time has come for these sort of bias Judicial Commissioners and Judicial Officers to be stripped off their academic qualifications and positions while punishing them to do ' public toilet cleaning' so that they will know how humiliating it is to go against the wishes of the rakyat.

These unscrupulous government officials need to realise as custodian of the rakyat they need to work within the confines of the Laws of Malaysia and not under UMNOputra LAWS.

news courtesy of Charles Hector

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