KUCHING: Elected representatives should not be allowed to hide behind parliamentary privileges if they make allegations against individuals who cannot defend themselves in the legislature, said State Legal Counsel Dato Sri JC Fong.
This is because there is no remedy for the aggrieved persons as the elected representative has immunity, he told reporters after waiting in vain for Pending assemblywoman Violet Yong at the DUN cafeteria over allegations she had made against him during the recent assembly sitting.
He said that he was making a stand against the abuse of parliamentary privileges and would explore all avenues to hold the DAP lawmaker accountable for her allegations, including calling on DUN members to refer her to the august House’s committee of privileges under.
“Since she does not come and does not allow me to take this matter to Court, I will consult my team of lawyers to explore other legal options, including but not limited, to calling on Members of the Dewan to submit a petition under Standing Order 16 for the Dewan to take appropriate action against the Member for Pending for breach of privilege and suffer such penalties as the Dewan may impose on her,” he said.
Fong had invited Yong to meet him at the DUN cafeteria at 3pm to waive her parliamentary immunity and repeat the allegations against him. She did not show up.
Asked if action could still be taken against Yong when the offending remarks about him in her 2020 Sarawak Budget speech had been expunged in the DUN, Fong said it was already a fact that they have been uttered and promoted outside the DUN.
“In a way she is abusing parliamentary privilege to run down people and then avoid to face them like she is avoiding today’s event. Nevertheless I want to take this stand because we should not allow our MPs and DUN members to abuse their privilege to run people down.”
“If she had come today (Nov 15), waive her immunity and repeat what she said in the DUN then I can take the matter to court tomorrow or Monday and let the court decide. But why is she afraid? You can say that our assumption is a very strong one – that what she said (in the DUN chamber) was not true,” Fong said.
“One day she can be accusing you of murder but what can you do because whatever she said in the DUN she is immune. Article 72 of the State constitution says so,” he said, adding that whether members of the august House would agree to take up the matter on is outside his control.
Fong said he did not want to be denied justice and that was why he wanted to take Yong to court and let an independent arbiter decide whether she was wrong in saying what she had said in the DUN chamber and also whether he should have legal remedies.
Fong said Yong cannot claim ignorance about the meeting today as he had sent her an invitation by email on Nov 14 and also via WhatsApp and on top of that, the matter had been picked up by the press and had gone viral online.
“It is very regrettable that she chose not to come, to face you (media) all and also to face me although I assured her she would not be ambushed or harassed,” he said.
Fong said he was not the only person who wanted to meet Yong and that they were two others though he declined to name them.
Asked if his daughter was among the two since she was mentioned along with Fong in Yong’s speech, Fong maintained that her daughter was a successful businesswoman in her own right but she was not among the people who wanted to meet Yong.