The Ipoh High Court has ruled for the second time that Perak speaker V Sivakumar must only be represented by the state legal advisor and not by his personal lawyers.

The decision was made by judicial commissioner Ridwan Ibrahim after hearing submissions in chambers.

The main issue before the court today was an application by three BN-friendly independents against Sivakumar for declaring their seats vacant.

The application was filed last Friday by Behrang assemblyperson Jamaluddin Mohd Radzi, Changkat Jering assemblyperson Mohd Osman Mohd Jailu and Jelapang assemblyperson Hee Yit Foong, stating that Sivakumar had wrongly declared their seats vacant using their undated resignation letters.

The trio's six-member legal team was led by Mohd Hafarizam Harun. State legal advisor Ahmad Kamal Shahid was also in chambers today, along with Sivakumar's lawyer Nga Hock Cheh and Chan Kok Keong.

A lawyer from the Election Commission, Siti Salwa Musa, was also present as the EC is applying to be an intervening party.

sivakumar perak speaker This is the second time Justice Ridwan had ruled Sivakumar cannot be represented by anyone other than the state legal advisor Ahmad Kamal Shahid.

The first was on Tuesday, when Ridwan presided over Perak Menteri Besar Zambry Abd Kadir and his six exco’s application to challenge Sivakumar’s decision to suspend them from the state assembly.

Sivakumar's lawyers are now expected to file an appeal in Kuala Lumpur next week on Ridwan’s decision in both cases so that they can continue to represent Sivakumar.

The judge's reasons

Speaking to reporters later, lawyer Mohd Hafarizam said Justice Ridwan made his order today based on three facts:

  1. The speaker's salary was paid through a consolidated fund from the state,
  2. The legislative branch is part of the state government, according to the state constitution, and,
  3. The speaker is a public officer according to the relevant laws and is part of the state government.

Mohd Hafarizam also said that the matter has been adjourned to March 11 to allow state legal advisor Ahmad Kamal to take instructions from the speaker.

Asked what will happen next if the speaker refused to recognise the state legal advisor, Mohd Hafarizam replied that “the way out is for the speaker to resign now and then appoint a lawyer of his choice ... then we can appoint a speaker from the BN government”.

Mohd Hafarizam said he and his team had submitted that Section 24 of Government Proceedings Act 1956, read together with Section 2 of the same act, states that the speaker is a public officer.

On submissions by Sivakumar’s lawyers that Article 132 (3) (b) of the Federal Constitution states that the speaker is not a civil servant, Mohd Hafarizam said his team had replied to this to Justice Ridwan.

“We are not denying that the speaker is not a public servant. Public servants come under Public Services Department (JPA). But the speaker is a public officer exercising a public duty and having a public office.

“It is a distinction of whether you come under the JPA or not. But you (Sivakumar) are part of the government,” he said.

Legal advisor gives media the slip

Meanwhile, Ahmad Kamal tried to slip pass the horde of reporters who were mobbing Hafarizam but was met by Malaysiakini at the side exit to Justice Ridwan’s court room.

Despite being chased for answers down three flights of stairs, Ahmad Kamal refused to comment.

Sivakumar’s lawyers are adamant that Ahmad Kamal cannot represent him because the state legal advisor is acting for Zambry in another case pending in the Kuala Lumpur High Court.

In that civil suit , ousted Perak Menteri Besar Mohd Nizar Jamaluddin is seeking a declaration that Zambry’s appointment as menteri besar, along with his six exco members, was unconstitutional.

Sivakumar’s lawyers have argued that should Ahmad Kamal represent both him and Zambry, it would be a conflict of interest.

Met by reporters later, Nga said Ahmad Kamal had yet to take instructions from Sivakumar.

Today, Justice Ridwan also fixed March 23 to hear an application by BN Menteri Besar Zambry Abd Kadir and his six exco members against Sivakumar's decision to suspend them.