Asfia speaks to reporters at the open house. Photo by Chimon Upon
KUCHING: State Legislative Assembly (DUN) speaker Datuk Amar Mohd Asfia Awang Nassar has described the letter by state DAP chairman Chong Chieng Jen as “vicious and vitriolic”.
Asfia was referring to the letter sent by Chong to Chief Minister Datuk Amar Abang Johari Tun Openg to make a representation for the requisition of an emergency DUN sitting within the next two weeks.
Chong, who is Kota Sentosa assemblyman, said the High Court’s decision is a crisis for DUN Sarawak in that, for the first time in history, a resolution passed by the DUN Sarawak on a Ministerial Motion was declared unconstitutional, unlawful, null and void by the Court of Law.
In describing the proposals made by Chong in the letter as “absurd and idiotic”, Asfia pointed out that “anyone who is conversant with the basics of the legal system knows that, first you have the Court of first instance, then you have the Appellate and then you have the Apex”.
“The ruling given so far is that the Court of first instance which was delivered in June 17. We immediately filed the Notice of Appeal on June 19 at 3.30pm.
“Therefore, any attempt to take it out of the Court into the Dewan (DUN) is subjudice. This is under Standing Order 32(2) because (when) it is in the Court of Appeal, you can’t take it out and pass it to the DUN,” Asfia told reporters when met at Abang Johari’s Hari Raya open house at the Borneo Convention Centre Kuching (BCCK) here, today.
Asfia added that since the ruling made by the High Court said that the DUN was an incompetent forum, there was no need to take the the matter out of the Court of Appeal to an incompetent forum.
“Why do you need to bring it to an incompetent forum? There is no logic to it. Under Standing Order 8(3), the chief minister can make representation to the speaker, then the speaker can give notice.
“(But) which chief minister who commands 72 seats out of 82 seats will bow to the minority who command only 7 seats. Out of the 7 seats, one is the subject matter of the Court of Appeal and subject matter of a police investigation.”
Asfia said the letter submitted by Chong will never see the light of the day for the simple reason that BN “commands the majority of seats”.