Bar Council secretary George Varughese has been summoned by Pakatan Rakyat to testify before the Perak legislative assembly, during the three-day sitting starting tomorrow.

Ousted Pakatan speaker V Sivakumar (left) issued the order to obtain evidence against his BN counterpart R Ganesan, a lawyer by training.

NONE Varughese - or his representative - has been told to bring all documents relating to a claim by Ganesan that he had ceased to practice as a lawyer within three months of his ‘election’ to the speaker’s office.

Section 36A(5) of the Perak constitution states: ‘A member who is elected to be the speaker shall be disqualified from holding such office, if after three months of his election to such office or at any time thereafter, he continues in his legal profession.’

sivakumar and ganesan perak state assembly 150509 Sivakumar intends to prove to the assembly that Ganesan should be disqualified as speaker because he had not ceased his professional practice within the deadline.

Ganesan, who was ‘elected’ speaker during the chaotic May 7 sitting, should have resigned from his post by Aug 7 but only did so on Aug 17, claimed Sivakumar, citing a letter from the Bar Council.

The document, signed by Varughese, outlined the events between Aug 11 and Aug 17 this year:

  • On Aug 11, the Bar Council received an official request from Sivakumar’s lawyer Chan Kok Keong of M/s Chan & Associates vide the Bar Council Search Form, seeking confirmation on the membership status of dato Ganesan a/l Retanam as at Aug 11.
  • On Aug 12, the Bar Council, after checking its records, confirmed that Ganesan was in active practice as at Aug 11 and was in possession of a valid Annual Practising Certificate.
  • On Aug 13, the Bar Council received a fax from Ganesan dated Aug 6 notifying the Bar Council that he had ceased practice “from the date of Aug 6, 2009".
  • On Aug 17, Ganesan sent his ‘notice of cessation of practice as an advocate and solicitor’ together with a statutory declaration affirmed on Aug 17, 2009.
  • On Aug 17, the Bar Council acknowledged receipt of Ganesan’s letter dated Aug 6 and the notice of cessation and statutory declaration dated Aug 17.

Sivakumar has also invited members of the Malaysian Bar, Perak Bar, human rights watchdogs Suhakam and Hakam, Transparency International and other NGOs to attend the sitting tomorrow.

'Threat of assault’

At a press conference yesterday, Sivakumar said he has reason to believe that Pakatan assemblypersons who raise the issue of Ganesan’s position as speaker, may be assaulted by BN supporters.

As such, he wants the state secretary to give him an advance list of names and Mykad numbers of those who will attend the sitting, so as to prevent the entry of unauthorised persons who might create a disturbance in the House.

If this request is not entertained, then it can be construed as “bad intentions” towards the 28 Pakatan representatives, Sivakumar said.

Ganesan had earlier said that the Perak BN anticipates trouble from Pakatan and that the state government will strengthen security to ensure smooth passage of the 2010 budget.

He also did not discount the possibility of police being present in the House "if things get out of hand".

NONE Sivakumar further urged the police not to interfere in the business of the House - as on previous occasions - and requested that both the print and electronic media be given access to the sitting.

Referring to the prohibition of mobile phones and video cameras inside the House, he said this is an infringement of the basic democratic rights of Pakatan assemblypersons.

On May 7, graphic images of the chaotic sitting - including the forceful removal of Sivakumar from the speaker’s chair - had caused public outrage.

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