Hornbill Unleashed

July 14, 2017

DUN files Notice of Appeal against Dr Ting’s reinstatement

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

Image result for High Court’s decision to reinstate Dr Ting Tiong ChoonThe State Legislative Assembly (DUN) has filed a Notice of Appeal in the Court of Appeal on July 12 to appeal against the High Court’s decision to reinstate Dr Ting Tiong Choon as Pujut assemblyman.

According to legal sources, the Notice of Appeal was signed by State Attorney-General Talat Mahmood Abdul Rashid on behalf of the DUN, which is the appellant.

“Only Dr Ting Tiong Choon is named as the sole respondent,” said the legal sources when contacted yesterday. The notice states that the Notice of Appeal will be served on the Speaker (Datuk Amar Mohd Asfia Awang Nassar), (Minister of International Trade and E-Commerce) Dato Sri Wong Soon Koh and the Election Commission, but they are not named as respondents,” the legal sources stated.

The legal sources explained that on receipt of the Notice of Appeal, the Speaker, Soon Koh and the Election Commission may then either apply to join as parties to the appeal or they can file their own separate appeals which would normally be heard by the Court of Appeal together with the DUN’s appeal.

“The Dewan (DUN) has now 60 days from July 12 to submit its grounds for asking the Court of Appeal to overrule the High Court decision.”

Assistant Minister for Law, Federal-State Relations and Project Monitoring, Sharifah Hasidah Sayeed Aman Ghazali, had explained that the reasons for the DUN’s appeal is to define the constitutional boundaries of the Legislature and Judiciary under the concept of separation of powers in order to have a functional democracy in Sarawak.

However, the outcome of the DUN’s appeal could have a bearing on whether Dr Ting was rightly disqualified by the DUN on May 12, 2017 from continuing to be an elected member of the Legislature.

Asfia, through his lawyer Shankar Ram Asnani, had filed for an appeal to challenge the High Court’s decision on June 19.

Dr Ting’s lawyer Wong King Wei, when contacted, said he had not received the Notice of Appeal from the DUN but confirmed receiving the Notice of Appeal from Soon Koh.

On June 17, High Court judge Datuk Douglas Christo Primus Sikayun ruled in favour of Dr Ting, thus reinstating him as Pujut assemblyman.

In making his ruling, the judge said the DUN was not a competent forum to disqualify any of its members and that only the Election Court could decide on the membership status of any assemblyman as provided for under Article 118 of the Federal Constitution.

Douglas also found that Asfia had failed to apply the rule of natural justice when dismissing Dr Ting during the May 12 DUN sitting, apart from failing to provide him ample time to prepare his defence before a motion to disqualify him was tabled.

The High Court also said that Asfia had failed to take into account the interest of the 8,899 voters who voted for Dr Ting during the state election last year.

International Trade and E-Commerce Minister Dato Sri Wong Soon Koh tabled the ministerial motion to disqualify Dr Ting for allegedly acquiring Australian citizenship in 2010.


Source : The Borneo Post Online


 

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