By Simon Peter
KUCHING, June 26, 2017: Chief Minister Datuk Amar Abang
Johari Tun Abang Openg has dismissed as nothing a call for him to convene an
emergency meeting of the State Assembly to address what an opposition member
had claimed a crisis had cropped up after the court's decision to reinstate Dr
Ting Tiong Choon as the Pujut State Assemblyman.
Chief Minister Datuk Amar Abang Johari Tun Abang Openg (2nd left) and his wife Datin Amar Juma'ani Tun Datuk Tuanku Bujang (left) with Speaker Datuk Amar Asfia Awang Nassar (2nd right) posing for cameramen at their Hari Raya open house at the Borneo Convention Centre Kuching on June 25, 2017.
The call was made by Kota Sentosa State Assemblyman Chong
Chieng Jen in a letter to him after the Speaker Datuk Mohd Asfia Awang Nassar
had named the State Assembly as one of the respondents in his notice of appeal
to the Court of Appeal.
Asfia also named Dr Ting, International Trade and
E-Commerce Minister Datuk Sri Wong Soon Koh and Election Commission as the
other respondents.
Chong had claimed the DUN was experiencing its first
crisis after the court had ruled it was an incompetent forum to disqualify Ting
as the member for Pujut.
He had also alleged that the second crisis followed when
Asfia named the DUN as a respondent in his appeal against the High Court's
decision.
Chong claimed that the DUN had no authority to act on its
own unless there was a resolution passed to authorise the DUN to file an appeal
in the appellate court.
He had explained that the emergency meeting was to pass
that resolution.
Asked by reporters yesterday to comment on the call,
Abang Johari replied:"Ah, that is nothing."
He declined further comment on the call.
Meanwhile, Asfia slammed Chong's letter as "vicious
and vitriolic".
He said the proposals in the letter are absurd and
idiotic.
"Anyone who is conversant with the basic legal
system knows that first you have the court of first instance, then you have the
appellate court and then the apex court.
"The ruling given so far is that of the court of
first instance, which was delivered on June 17, and we immediately filed notice
of appeal at 3.30pm on June 19," Asfia said when he was asked to comment
on the letter .
Asfia said any attempt to take notice of appeal out of
the court into the DUN is subjudice.
"This is under Standing Order 32(2) because if it is
already in the Court of Appeal, you cannot take it out and pass it to the DUN.
"Besides, the ruling in the High Court said that the
DUN was an incompetent forum so why take it out of the appellate court and into
an incompetent forum?" he asked, adding that there is no logic in it.
He said under Standing Order 8(3), the chief minister can
make representation to the Speaker, who then can give notice for the meeting of
the DUN.
"Which chief minister who commands 72 out of 82
seats in the DUN will bow to the demands of the minority who commands only
seven seats?"he asked, adding that one of the seven seats is a subject
matter of the appellate court to adjudicate and the police to investigate.
Asfia said anyone who seriously believes that the chief
minister, who commands 72 out of 82 seats in the DUN, will act to the dictates
of the minority, needs to have his head examined.
He said the DUN draws its constitutional powers from the
Federal Constitution, State Constitution,
State Assembly Privileges Ordinance and Standing Orders.
He said it is so obvious that the DUN is not in crisis.
"How can it be in crisis when it has the solid
support of 72 Barisan Nasional members?" he asked.
Asfia said he is waiting for the written judgment of
judge Datuk Douglas Sikayun before he can give his full grounds of appeal.
"We may have lost the a battle, but we have not lost
the war. With such grounds of appeal, we want to change the tide of the war.
"Win or lose, we promise the intensity and ferocity
of the legal battle in the Court of Appeal and then the Apex Court," he
said.
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