Wednesday November 18, 2009

Abu Hassan files appeal

KUALA LUMPUR: Datuk Abu Hassan Sarif has filed an appeal to challenge the High Court ruling that he is no longer Kota Siputeh assemblyman and his state seat is vacant.

The Election Commission (EC), one of the defendants named in the judicial review application by the Kedah Speaker, also filed an appeal at the same registry yesterday.

While Abu Hassan filed the notice at the High Court registry here at 1.35pm through his lead counsel Datuk Mohd Hafarizam Harun, the EC was represented by Senior Federal Councel Datuk Kamaluddin Md Said from the Attorney-General’s Chambers.

Hafarizam said: “We are challenging the judge’s decision in giving full power to the Speaker to determine such vacancy when the judge also said the EC is the one which determines the casual vacancy of a state seat.”

Controversial change: Kuah state assemblymen Datuk Nawawi Ahmad looking atthe empty plaque at the vacant Kota Seputeh seat before the beginning of the state legislative assembly meeting in Alor Setar Tuesday.

Kamaluddin said the trial judge had erred in her finding of facts over constitutional issues.

“This is a serious matter. The EC cannot just be a rubber stamp. It (EC) took steps to verify certain facts before deciding the Kota Siputeh seat was not vacant,” he added.

In a landmark judgment on Monday, the High Court declared the state seat vacant after finding Abu Hassan was no longer its assemblyman for not attending two consecutive meetings of the state legislature without leave.

In stripping Barisan Nasional’s Abu Hassan of his assemblyman status, High Court (Appellate and Special Powers) Justice Alizatul Khair Osman Khairuddin had also ordered the EC to call for a by-election.

Justice Alizatul set Nov 20 to hear an application by Abu Hassan and the EC for a stay on her decision.

On Sept 1, the EC accepted Abu Hassan’s medical certificate as an explanation for his absence and ruled there was no vacancy in the state seat and that he was still its assemblyman.

On Oct 1, Kedah Speaker Datuk Dr Abdul Isa Ismail filed a judicial review of the EC’s decision, naming Abu Hassan and the EC as defendants.

In her ruling, Justice Alizatul said the EC had acted illegally and irrationally in arriving at its decision.

She said the phrase ‘’two consecutive meetings appearing in the Kedah Constitution can only mean one meeting following the earlier meeting in uninterrupted succession’’ and did not mean two consecutive meetings in one session.

Under Article 51 of the Kedah Constitution, the judge said the power to give leave from attending the assembly lay with the Speaker.

Meanwhile, Prime Minister Datuk Seri Najib Tun Razak said Barisan Nasional res-pected the High Court’s decision but would appeal if it was allowed.

In Rome, Deputy Prime Minister Tan Sri Muhyiddin Yassin said the court decision was a valuable lesson for all Barisan elected representatives to attend state assembly and parliament sittings.

PKR adviser Datuk Seri Anwar Ibrahim said the party would extend its full support to PAS in the event of a by-election.

In Alor Setar, Kedah Mentri Besar Datuk Seri Azizan Abdul Razak said the state PAS had prepared a list of potential candidates for the state seat if it was declared vacant.

He said PAS won the Jerlun parliamentary seat twice in 1969 and 1999. Kota Siputeh is one of the two states seats within Jerlun.

News Poll

Latest Jobs from Star-Jobs

Latest from StarProperty