Apex court grants leave for appeal against Dr Ting’s status as Pujut rep

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Asfia (third left) having a discussion with lawyers before the Federal Court hearing.

KUCHING: The Federal Court has granted leave for an appeal against a decision of the High Court and Court of Appeal that the Sarawak state legislative assembly (DUN) had exceeded its power when it disqualified Dr Ting Tiong Choon as Pujut assemblyman due to his dual citizenship.

The Sarawak DUN, its speaker Datuk Amar Mohd Asfia Awang Nassar and Second Finance Minister Dato Sri Wong Soon Koh had filed seven questions of law for the consideration of the apex court in the Federal Court.

The three-man bench led by Chief Judge of the Sabah And Sarawak High Court Datuk Seri Panglima David Wong Dak Wah, Datuk Setia Mohd Zawawi Salleh and Nallini Pathmanathan had unanimously decided in favour of the applicants as it was a constitutional issue of public importance.

The state election was held on May 7, 2016. Subsequently, Dr Ting was disqualified as a state representative on May 12, 2017 in a motion tabled by Wong, who is also Bawang Assan assemblyman.

Dr Ting then filed an Originating Summons in the Kuching High Court on June 7, 2017 to challenge the DUN’s decision.

On June 17, 2017, High Court Judge Datuk Douglas Christo Primus Sikayun ruled against the DUN’s decision to disqualify Dr Ting as Pujut assemblyman, awarding RM100,000 to the plaintiff.

Douglas said the DUN has no express powers to deal with an election result and that it was not a competent body to decide constitutional issues.

On top of that, the Speaker did not afford Dr Ting adequate time to defend himself, and also had not given the opportunity to Dr Ting. The High Court Judge even went on to say that 8,899 Pujut voters’ interests should also be taken into consideration.

Douglas also stressed that it was not right for the Speaker to take on the role of prosecutor and that the rule of natural justice had not been complied with and adhered to.

With the High Court decision, Dr Ting was restored as Pujut assemblyman, rendering a by-election unnecessary.

On July 13 2018, the Court of Appeal in a two-to-one decision dismissed the appeals of the DUN, its speaker Asfia and Wong against the High Court’s decision to reinstate Dr Ting as Pujut assemblyman.

In a press conference held earlier today, Mohd Asfia said if the recent decision of the Court of Appeal were to stand, then the state assemblies and Parliament will face a crippling effect in enforcing certain very crucial provisions.

Not denying that the case was a landmark case where the federal court has to deal with all issues once and for all, Mohd Asfia said: “The edifice of parliamentary democracy is constructed on the substratum of the doctrine of the separation of powers between the executive, legislative and judiciary.”

“If you obliterate the doctrine of the separation of powers, the entire structure of parliamentary democracy will crumble. Therefore the conclusion of the High Court cannot and should not be allowed to stand,” he said.

Mohd Asfia opined that the constitution provision should be read in harmony with other constitution provision to effectively forward the whole intent of  the Parliament. He also said that the majority in the Court of Appeal amd High Court failed to appreciate several undisputed facts which illustrate that there was no breach of the rules of natural justice or procedural fairness.