Hornbill Unleashed

June 18, 2017

Pujut ruling a victory for justice — Baru

Filed under: Politics — Hornbill Unleashed @ 8:02 AM

Image result for Kuching High Court that the dismissal of Dr Ting Tiong ChoonPKR welcomes the ruling yesterday of the Kuching High Court that the dismissal of Dr Ting Tiong Choon as Pujut assembly is unlawful and reinstating him as an assemblyman.

State PKR chairman Baru Bian said it’s comforting for all who value democracy and justice that the judge, Datuk Douglas Christo Primus Sikayun, made a clear and strong ruling on the law, i.e the State Legislative Assembly (DUN) has no expressed powers to deal with an election result.

“Obviously, if the dismissal had been allowed to remain, in the Malaysian context, an assemblyman or a parliamentarian in the minority would have no chance of seeing justice served in such a politically motivated scenario.

“Members of the ruling BN have taken on the role of prosecutor and judge, without any intention of allowing the accused sufficient opportunity to defend himself. The judge said rightly that the rule of natural justice had not been complied with and adhered to.”

Baru said this ruling serves as a timely reminder, or perhaps a long overdue one, to the BN-led government of the doctrine of the separation of powers of the three organs of government.

In this case, he said the speaker had taken on judicial powers to which he had no right, as pointed out by the judge.

“Recalling that the chain of events emanated from a ministerial motion by (Minister of International Trade and

E-Commerce Dato Sri) Wong Soon Koh and not a private member’s motion, it points to the Sarawak government as the initiator of the motion for the dismissal of Dr Ting.

“The state government’s legal advisors should have advised against the motion, if they had applied their minds to the legal implications. It appears that the august House had been used as a political arena, and now with this decision, one could say that the executive, ie the state government, has also been put in its place by the judiciary, besides the legislative.”

Baru said this whole episode has served to tarnish the image of the Sarawak Government and the State Legislative Assembly.

“The three organs of government owe a duty to the people they serve to behave with integrity and fairness. Clearly, it has been shown that two of these organs have failed in their duties to the people by indulging in political maneouverings that could be construed as an exercise in the abuse of power. The parties involved should take this as a lesson learnt.”


Source : The Borneo Post Online


 

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3 Comments »

  1. Coming soon … Next episode … Part 2

    Comment by tigeryk — June 18, 2017 @ 2:14 PM | Reply

  2. DAP-1, Wong Soon Koh-0.

    Comment by apai — June 18, 2017 @ 10:58 AM | Reply


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