Three S’gor BN Assemblymen file originating summonses

2009/11/09

SHAH ALAM: Three Selangor State Assemblymen from the Barisan Nasional (BN) today filed originating summonses against the chairman and six members of the Selangor State Committee on Competency, Accountability and Transparency (Selcat) and three others to determine the legality of the committee.

The summonses were filed at the Civil High Court registrar's office here at about 11.30am through their lawyers, Datuk V.Sithambaram, Kamarul Hisham Kamaruddin and Balvinder Singh Kenth from Messrs Balvinder Singh Kenth.

Sungai Air Tawar Assemblyman, Datuk Raja Ideris Raja Ahmad, Morib Assemblyman, Hasiman Sidom and Kuala Kubu Bharu Assemblyman, Wong Koon Mun, as the third plaintiff, named Selcat chairman, Teng Chang Kim, as the first defendant and the six members of the Selcat, namely Haniza Mohamed Talha, Mohamed Azmin Ali, Saari Sungib, Edward Lee Poh Lin, Sulaiman Abdul Razak and Ismail Sani, as the second to the seventh defendants.

The three others were the Selangor State Assembly Speaker, Selangor State Assembly Secretary and the Selangor State Government.

Among other things, they were seeking a declaration that there was a conflict of interest when Teng, as the Selangor State Assembly Speaker and Chairman of the Selangor State Assembly Special Privileges Committee, was also the chairman of Selcat and thus all proceedings carried out by Selcat were null and void as they were contradictory to the principles of human rights.

The three plaintiffs also sought a declaration that the Selangor State Assembly did not have the jurisdiction to approve and/or formulate criminal offences in the form of Contempt of the (Selangor State) Assembly Enactment 2009 and as such, the Enactment was ultra vires the Selangor State Constitution and/or the Federal Constitution.

They also sought a declaration that the composition of Selcat did not reflect the ratio between the parties in the Selangor State Assembly which was provided under the Order 72 (1) of the Selangor State Assembly Standing Order.

The plaintiffs also sought for a declaration that the setting up of Selcat and/or its proceedings were null and void and had no effect, besides seeking that the costs for the application and other reliefs deemed fit by the court to be borne by the defendants.

In their supporting affidavits, the plaintiffs claimed that Selcat had been used unfairly and/or wrongfully as a tool to shame, slander and criticise public servants and BN members aimed at creating a negative public opinion against the previous BN government and maintaining the position of the Pakatan Rakyat government in a wrongful manner.

Thus, the declarations sought for in their originating summonses were in the interest of the public and most important in maintaining the integrity and proceedings of the Selangor State Assembly.

On Oct 14, former Selangor menteri besar, Datuk Seri Dr Mohamad Khir Toyo, had filed a summons against Teng for the decision to suspend him from attending the State Assembly sittings for one year.

Deputy Speaker Haniza Mohd Talha, on July 15, had announced Dr Mohamad Khir's suspension for one year and the withdrawal of all his privileges as an elected representative during the duration of the suspension for failing to attend the public enquiry on Selcat in March with regard to the use of sponsorship funds by the ''Badan Amal dan Kebajikan Isteri-isteri Selangor'' (BALKIS) and allegedly issuing statements insulting the committee in the media.

Also suspended were four BN Assemblymen namely Datuk Warno Dogol (Sabak Bernam), Datuk Mohd Idris Abu Bakar (Hulu Bernam), Mohd Isa Abu Kasim (Batang Kali) and Datuk Marsum Paing (Dengkil) for insulting the Selcat in the media. – Bernama