Letter sacking Jenapala: Ex-PKR sec-gen cries 'fraud'

By FMT Staff
KUALA LUMPUR: Former PKR secretary-general Salehuddin Hashim never issued a letter sacking the party's former deputy secretary-general P Jenapala, as claimed by the party lawyers at the High Court yesterday.
In an affidavit dated Nov 23, the former PKR leader, who served as PKR secretary-general from April 2008 to January 2010, said he had no knowledge of a letter, dated Feb 2, 2009 allegedly signed by him, sacking Jenapala from the party.
This letter of dismissal was tendered as an exhibit in the court yesterday by the party lawyers. The High Court decided that it had no jurisdiction to hear Jenapala's suit against three PKR office-bearers in relation to the party's deputy presidential election.
Jenapala wanted the court to issue a declaration that he was entitled to contest the position of deputy president in the just-concluded PKR polls. He also wanted a declaration that his disqualification as a candidate for the post of PKR deputy president was unlawful and contrary to his rights as a party member.
In the suit, he named PKR president Dr Wan Azizah Wan Ismail, her deputy Dr Syed Husin Ali and secretary-general Saifuddin Nasution Ismail as defendants in their capacity as office-bearers of the party.
Judge Datuk Aziah Ali, in dismissing Jenapala's application, said the decision of a political party could not be challenged in court in accordance with Section 18(C) of the Societies Act 1966 (revised 1987).
The judge also said Jenapala's application did not have merits for the suit because he was already sacked from the party. This was based on the letter of dismissal, purportedly signed by Salehuddin, on Feb 2, 2009.
"The said letter was never drafted or approved by me. The said letter was never issued by me or authorised to be issued by me. In fact, I have never seen the letter until now,” said Salehuddin, in his five-paged affidavit, which was mailed to FMT by a reader who wished to remain anonymous.
"During my tenure as the secretary-general of PKR, my electronic signature is kept by the deputy secretary in charge of disciplinary matters Johnson Chong, special officer to me Faizedah Azni and the (PKR) organising secretary Raden Shamsulkamar.
"They are authorised to issue my letters only after I have approved the contents of the same," said Salehuddin.
'Letter not authentic'
He said the letter sacking (Jenapala) tendered in court yesterday was "not authentic" as "the language, format and style of the letter is not mine".
He also said that the party secretary-general did not have the power under its constitution to sack a member and that such power is exclusively vested with the party's supreme council.

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I am also certain as the language, format and style of the said letter is not mine - Salehuddin in his affidavit

However, he said for the purposes of expediency there were occasions where the supreme council delegated its powers to the party's political bureau to deal with any disciplinary problems of members.
"Any decision of the political bureau will be minuted, acted upon and then submitted as an agenda to the supreme council for its ratification or approval at its next meeting. The ratification or approval will then be recorded in the minutes of that meeting by the supreme council.
"In so far as the purported sacking of the plaintiff (Jenapala) as a member of PKR (is concerned), I verily state that to my
knowledge, there were no minutes of the political bureau or the supreme council recording such action taken against the plaintiff. I could not have sent the said letter," said Salehuddin.
He reiterated that Jenapala was never sacked as PKR member during his tenure as secretary-general, firstly because there was no party supreme council decision to sack him and the secretary- general cannot make a decision to sack a member on his own or on the orders of anyone in the party without the supreme council's decision.
"Secondly, it is certainly not for any secretary-general to make a decision by way of a media statement to sack a member of PKR without the supreme council's decision," he said.
Political bureau only decided on suspension
Salehuddin said the fact remained that as at Aug 30, 2009, the minutes of the political bureau meeting clearly showed that the party was still deciding on whether to suspend Jenapala as a member and to refer the matter to the disciplinary committee.

"Further, throughout the period from, inter alia, February 2009 until the issuance of the media statement, the plaintiff participated in PKR by-elections and functions as a member and (PKR de-facto leader) Anwar Ibrahim duly gave cognisance to the plaintiff's presence.
"I verily state that in the event the said letter was indeed issued in February, 2009 and copied to the president and the deputy president (as purported in the said letter itself), it is pertinent to note that the president and deputy president were present during the political bureau meeting on Aug 30, 2009 at the time of the discussion of the proposed disciplinary action against the plaintiff and therefore, ought to have known about the purported expulsion in February, 2009," said Salehuddin's affidavit.
FMT also received the attendance list of the said political bureau meeting which showed the attendence of not only Anwar, but also of Wan Azizah and Syed Husin.
Also attached was the Aug, 30, 2009 political bureau meeting minutes which noted that the bureau had agreed to the suspension of Jenapala's party membership if it was found that he had attempted to start a new party.
Salehuddin is also expected to lodge a police report over this “false letter” (below) today.
PKR's national congress started today and will end on Sunday with the naming of the new batch of leaders, including Azmin Ali as the deputy president.