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KUCHING: The High Court here yesterday fixed Friday (Sept 29) to decide whether to invalidate the ad hoc admission granted recently to prominent counsel Tan Sri Cecil Abraham.
Judge Datuk Stephen Chung made this decision following a formal request submitted by the legal team of Pujut assemblyman Dr Ting Tiong Choon.
Dr Ting’s legal team submitted the request based on the rationale that they were not informed of the ad hoc admission granted to Cecil, who is expected to represent State Legislative Assembly Speaker Datuk Amar Mohd Asfia Awang Nassar to appeal against the High Court’s decision last June 17 to reinstate Dr Ting as an assemblyman.
Chung granted the ad hoc admission to Cecil on Sept 15. Dr Ting’s legal team argued that they were not present in court when the judge granted the ad hoc admission. They also asserted that Dr Ting reserved the right to hear out the submission from the other party.
As such, Dr Ting’s legal team is looking forward to Chung invalidating the ad hoc admission granted to Cecil.
On May 12, the State Legislative Assembly disqualified Dr Ting as Pujut assemblyman in a 70-10 vote in favour of a ministerial motion tabled by International Trade and E-Commerce Minister Dato Sri Wong Soon Koh.
Dr Ting then filed an Originating Summons in the High Court on June 7 to challenge the State Legislative Assembly’s decision.
The Election Commission had even set July 4 for the Pujut by-election following Dr Ting’s disqualification, but the High Court reinstated Dr Ting’s status on June 17.
In his ruling, Judge Datuk Douglas Christo Primus Sikayun told the court that the State Legislative Assembly “is not a competent body to decide constitutional issues” and that the State Legislative Assembly speaker did not afford the plaintiff adequate time to defend his case.
On Aug 28, the Federal Court ruled that the courts have no power to interfere with the internal management of Parliament or any State Legislative Assembly which are immune from judicial interference.
Bernama reported that Chief Justice Tan Sri Md Raus Sharif, chairing a five-man panel, said immunity arose from the doctrine of separation of powers between the three principal organs of government, namely the executive, the legislature and the judiciary.
“There can be no doubt that the business of parliament and state legislative assemblies were immune from judicial interference,” he said in ruling that the then Selangor State Legislative Assembly Speaker Datuk Teng Chang Khim’s action to declare the Port Klang constituency seat vacant in 2011 could not be challenged in court.
Observers believe the apex court judgment would likely have an impact on Justice Douglas Christo’s ruling that the Sarawak State Legislative Assembly was not a competent forum to decide on the membership of Ting.