The Federal Court has dismissed a suit by three former Selangor BN assemblypersons against the state assembly speaker and committee on competence, accountability and transparency (Selcat).

A five-member panel led by Chief Judge of Malaya, Justice Zulkefli Ahmad Makinuddin, ruled that the action to question Selcat proceedings is non-justiciable or not liable to trial in a court of justice.

"The prayers sought in their originating summons cannot be impeached or questioned in any court. In other words they are non-justiciable.

"Hence, we set aside the Court of Appeal decision (which ordered a retrial) and uphold the High Court decision," Federal Court judge Justice Ahmad Ma'arop said in reading out the judgment today.

Raja Ahmad Ideris Raja Ahmad (the former Sungai Ayer Tawar assemblyperson), Hasiman Sidom (Morib) and Wong Koon Mun (Kuala Kubu Baru) had sued then speaker Teng Chang Khim and Selcat members for proceedings brought against them in 2009.

The Selcat proceedings were initiated after the trio filed an application to challenge Selcat's decision to suspend former Selangor menteri besar Dr Mohd Khir Toyo (Sungai Besar) from the state legislative assembly.
 
They sought a court declaration that the Selcat composition does not reflect the balance between the parties within the state legislative assembly, a declaration that the hearings be conducted publicly, and that Teng as speaker and chairperson of the privileges committee was in a position of conflict within Selcat.

Court cannot intervene

 
The three also sought a declaration that Selcat acted in excess of its jurisdiction and that matters deliberated upon by Selcat have gone beyond the scope of matters expressed in its formation.
 
Teng and Selcat were represented by Tommy Thomas while the three former BN assemblypersons were represented by Kamarul Hisham Kamaruddin.
 
Justice Ahmad in his ruling said the principle of parliamentary privilege enshrined in the Federal Constitution was derived from the English Bill of Rights 1689, which disallows freedom of speech and debate or proceedings in Parliament to be impeached in any court or place out of Parliament.
 
"Hence, in our view, the phrase 'there shall be freedom of speech and debate or proceedings in the assembly' as stated under paragraph 2 in the Schedule to the Selangor constitution guarantees the freedom of speech, debate and proceedings in the legislative assembly," he said. 
 
The judge said it was clear that freedom of speech and debate in the Parliament/state legislative assemblies and their committees are protected by parliamentary privilege as this is where the core or essential business of Parliament takes place. 
 
"In other words, for the purpose of protection of parliamentary privilege, apart from proceedings in the Parliament, proceedings in parliamentary committees are also proceedings in Parliament," Justice Ahmad said, adding that this could not be questioned.