The Court of Appeal today upheld a ruling which quashed a summons by the Selangor state assembly compelling lawyer Mohd Hafarizam Harun to appear before the house rights and privileges committee to answer charges for contempt of the assembly.

Justice Zaharah Ibrahim dismissed with RM20,000 costs, the appeal by the state assembly, house rights and privileges committee secretary Mohamad Yasid Bidin and the committee.    

She made the ruling after hearing submissions from counsel Chang Kok Keong representing the three appellants, while Firoz Hussein Ahmad Jamaluddin acted for Mohd Hafarizam and senior federal counsel Amarjeet Singh from the Attorney-General’s Chambers appeared as amicus curiae.

The other judges were Justices Mohd Zawawi Salleh and Umi Kalthum Abd Majid.

On May 31, 2011, the Shah Alam High Court allowed Mohd Hafarizam’s originating summons to quash the summons issued against him.

The High Court had ruled that the summons issued by the state legislative assembly to compel Mohd Hafarizam to appear before the rights and privileges committee to answer the contempt charges was void and against the federal constitution.

On April 1, 2011, Mohd Hafarizam and his client, former Port Klang assemblyperson Badrul Hisham Abdullah, were referred to the rights and privileges committee for contempt of the state assembly.

The House had approved a motion to refer the two after they allegedly pressed for former state assembly speaker Teng Chang Khim to pay RM40,000 or face bankruptcy proceedings.

Teng had, on Jan 19, 2011, declared the Port Klang seat vacant, claiming that Badrul Hisham was absent without leave from the state assembly sitting for six consecutive months, but the Shah Alam High Court reversed the order on Feb 18, 2011 and ordered Teng to pay RM40,000 in legal costs to Badrul Hisham.

Mohd Hafarizam was issued with a summons on April 12, 2011 to appear before the house rights and privileges committee to answer contempt charges for sending a letter to Teng’s lawyer, Messrs Tommy Thomas, to demand payment of RM40,000 in costs pursuant to the court order.

He was alleged to have sent the letter which contained language deemed indecent, insolent and threatening.

- Bernama