Court dismisses case against Speaker over refusal of 1MDB questions


Noel Achariam

Lawyer N. Surendran (right) says his client, Petaling Jaya Selatan MP Hee Loy Sian (left) will be appealing today’s judgement immediately. – The Malaysian Insight pic by Seth Akmal, February 19, 2018.

THE Kuala Lumpur High Court has dismissed Petaling Jaya Selatan MP Hee Loy Sian’s suit against Dewan Rakyat Speaker Pandikar Amin Mulia over the rejection of the Hee’s questions on 1Malaysia Development Bhd (1MDB) in Parliament.

Hee’s lawyer, N. Surendran said the the judge had allowed Pandikar’s application to strike out the originating summons.

“This means our originating summons to challenge the rejection of the questions by the speaker has been struck out with no order as to costs.

“Our application was to challenge the rejection of the questions related to 1MDB financial scandals in Parliament,” he said after meeting the judge in chambers today.

Hee in August last year filed suit against Pandikar who had refused to allow two questions he raised on 1MDB.

Hee had said he wanted the court to summon the Speaker to answer all the questions on 1MDB asked by the MPs in the Dewan Rakyat.

The opposition’s efforts to get answers from the government in the Dewan Rakyat on issues plaguing 1MDB were curtailed when Pandikar refused to accept more than 30 questions on the topic.

Pandikar has cited sub judice as grounds for his rejection.

Surendran said the presiding judge Kamaluddin Said did not give a reason for dismissing the case.

“The judge said when we appeal he will provide the grounds for rejection.”

Surendran said that they are very disappointed with the judge’s decision.

“There is a precedent in the  High Court in Perak, which allows us to challenge the decisions of the Speaker if the decision is unlawful or unconstitutional.

“In this case we have raised constitutional issues. So our case should have been allowed to proceed.

“We will be appealing this judgement immediately and we hope to get a swift hearing date as Parliament with be starting soon.

Surendran said that they would continue to pursue the matter which is of  public interest.

“If Hee cannot ask these questions in Parliament pertaining to the 1MDB scandal, where else can these questions be asked?  Where else is the government going to provide the answers?”

Surendran said that they can’t have a situation where questions filed by MPs can be dismissed or rejected at the whim of the speaker.

“We can’t have that. Even the Speaker is bound by the constitution and he cannot do as he pleases and must act according to the written laws.

“Of course the speaker has the discretion to dismiss some questions which are irrelevant and frivolous. But this is not the case and it (1MDB) is a genuine question. He cannot reject the question for no good reason.”

Hee said he would continue to raise questions on 1MDB.

“I have already submitted the questions again.”

Meanwhile, the same judge postponed to Thursday the hearing of Pandikar’s application to strike out an originating summons pertaining to RUU355.

Pandikar and Dewan Rakyat secretary Roosme Hamzah have applied to strike out the originating summons filed by former Sungai Benut MP Mohamed Tawfik Ismail in a case pertaining to the Syariah Courts (Criminal Jurisdiction) (Amendment) 2016 bill.

Tawfik’s lawyer Rosli Dahlan said the judge wished to to take more time to consider the judgement he would deliver on Thursday afternoon. – February 19, 2018.


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