Friday, April 19

Musa’s counsel says case is not over


KOTA KINABALU: Tan Sri Musa Aman losing his court case to become the rightful Chief Minister of Sabah is just the beginning, said his counsel.

Tengku Fuad Tengku Ahmad said this outside the courtroom after the decision was delivered by Kuching-based High Court judge Datuk Yew Jen Kie yesterday.

He said the case was almost entirely based on Perak’s case and their argument of Sabah being different from Perak was not accepted.

“It was almost entirely based on Perak’s case. In fact, our argument that we were different from Perak was not accepted, but again Justice Yew gave her reasons and we respect those reasons and those reasons will I think form the basis of our appeal.

“We of course have our own arguments and we’ll see what happens but I don’t think this case is over. I think it is just the beginning,” he said.

In judge Datuk Yew Jen Kie’s long judgement which was at least an hour long in delivering, Fuad said their side did not agree with many of her findings. However, he agreed the findings were valid and respected them.

“Of course my client Tan Sri Musa is disappointed with the result. We of course don’t agree with many of the findings but that is, those are valid findings and we respect them but we also have the right to appeal and I will be advising my client to take this higher.

“I want to point out there is no federal court cases on Sabah constitutional law and we still take the position that Sabah’s Constitution is different from Perak. The powers of the TYTs are different and it’s bad for us to be bound by the federal court case.

“I also would state this; the federal court case was decided, this is Perak’s case Dato Seri Nizar’s case, it was decided at that time where I think it’s open to challenge now. This is new Malaysia. The judicial is independent. Let’s challenge it all the way up. That would be my advice to my client. Whether my client wants to take it higher, it’s up to him but I would like to take this higher. Let’s have a Court of Appeal case at the very least on Sabah Constitution,” he said.

Fuad, together with counsel S.Vanugopal, represented Musa, while Datuk Douglas Lind acted for Mohd Shafie and State Attoney-General Datuk Zaleha Rose Pandin, for the Yang Di Pertua Negeri Tun Juhar Mahiruddin