Media Statement by Ngeh Koo Ham in Ipoh on Wednesday, 9^th September 2009:

Judge in Perak Speaker, V. Sivakumar’s case has contradicted himself and acted ultra vires

The Ipoh High Court yesterday struck out with costs the suit filed by Perak Legislative Assembly Speaker, V. Sivakumar against Dato’ R Ganesan seeking damages for assault, battery and wrongful detention as well as aggravated damages.

I would like to express my total disappointment with the judgment for the following 3 reasons:-

1. On the one hand Justice Azahar Mohamed said that the court could not interfere with the sitting of the Perak State Legislative Assembly on May 7 because Article 72(1) of the Federal Constitution provides that ‘the validity of any proceeding in any state legislative assembly cannot be questioned in any court’ and therefore struck out v. Sivakumar’s suit, but on the same breath he contravened the said provision by stating that the decision of the legislative assembly on May 7, 2009 to remove the Plaintiff, V. Sivakumar as Speaker and to appoint the Defendant, Dato’ R. Ganesan was conclusive and had been fairly determined by the State Assembly on May 7, 2009.

2. The issue of who is the legitimate Speaker was not the subject matter of this suit and therefore, the judge has acted ultra vires (outside his jurisdiction) to state that the removal of V. Sivakumar and the appointment of Dato’ R. Ganesan was conclusive and had been fairly determined by the State Assembly on May 7, 2009.

3. The learned Judge ought not to have strike out the suit as this suit is an action against assault, battery and wrongful detention and not concerning the proceedings of the State Assembly.

In the current Perak crisis, many perverse judgments or judgments not made according to law (in the words of former Court of Appeal Judge, Dato’ NH Chan) have been made and the decision of Justice Azahar Mohamad is definitely another addition.

* Ngeh Koo Ham, Perak DAP Chairman & MP for Beruas; Senior Exco Pakatan Rakyat Perak State Government