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KUCHING: The High Court here has granted ad hoc practising licence to peninsula-based lawyer Tan Sri Cecil Wilbert Mohanaraj Abraham to represent State Legislative Assembly (DUN) Speaker in the Court of Appeal, on the case involving Pujut assemblyman Dr Ting Tiong Choon.
Justice Stephen Chung Hian Guan yesterday allowed the petition made by the applicant, who would be representing DUN Speaker Datuk Amar Mohamad Asfia Awang Nasar.
The petition was filed through Messrs Thomas, Shankar Ram and Co Advocates.
The DUN is appealing against the High Court’s decision on the question whether the Speaker could disqualify a sitting assembly member in the light of an existing decision by the election judge involving the jurisdiction of DUN, the constitutionality of the decision to disqualify the assembly member and whether he had correctly interpreted and applied the provisions of the Sarawak Constitution and the Federal Constitution.
Chung said among other things, the issues to be argued in the appellate court would involve public and national interests.
On June 17 this year, Kuching High Court had ruled against the Sarawak DUN’s decision to disqualify Dr Ting.
In making the decision, Judge Datuk Douglas Christo
Primus Sikayun said state assembly was not a competent forum to decide on the membership of Dr Ting based on Article 118 of the Federal Constitution; and also, had wrongly applied Article 17(1)(g) of the Sarawak Constitution.
Dr Ting was alleged of having dual citizenship – Malaysian and Australian – during the sitting on May 12 this year, when he was removed from DUN.