Saturday, 19 February 2011

More examples of Judges that are above the constitution

We read about cases where judges are above Parliament in limiting
freedom of speech, and now evidence that it is also above the
constitution and worse, natural justice. Even in cases involving a
speaker where it is clearly stated in the constitution that judges
cannot interfere, not only is the judge interfering, it also deny a
single day adjournment of the court hearing.

Teng wants to set aside 'unjust' ruling
Patrick Lee
| February 18, 2011

For Selangor Speaker Teng Chang Khim, the battle is not over as he
makes a bid to overturn the High Court's ruling on Badrul Hisham

SHAH ALAM: The Selangor State Legislative Assembly will file an
application to set aside the judgment allowing Port Klang assemblyman
Badrul Hisham Abdullah to keep his seat.

Selangor Speaker Teng Chang Khim said that the Shah Alam High Court's
decision was "unjust and highly unprecedented".

He said that his counsel, Tommy Thomas, was unable to show up at
today's hearing as he was currently attending a three-day trial in
Johor Baru.

Teng said that the separate trial, which ended today, was already
fixed several months ago.

As a result, Teng said that on Feb 11, his counsel had applied for an
adjournment of the Feb 17 hearing.

However, this application was rejected on Feb 14.

On Feb 16, Thomas's assistant applied for a second adjournment before
the court's deputy registrar.

The deputy registrar acceded to the request, but would only move the
hearing to Feb 18.

In a final move, the counsel's assistant attempted to apply for
adjournment of today's hearing, but was rejected.

These rejections angered Teng, who accused the High Court of being
unnecessarily harsh.

"I don't see why the court should be so harsh. We are not asking for a
long adjournment. My counsel is not available on the 17th or the
18th," he told reporters at the Selangor State Secretariat.

Breach of natural justice

Teng said that the court's tactics did not give him enough time to
apply for a counsel of his choice.

"The court has to take judicial notice that this case involves the
Speaker. It is not a case involving a Tom, Dick or Harry," he said.

He said that it was a breach of natural justice when a defendant was
not given an opportunity to be heard. "Justice hurried is justice
buried," he said.

Quoting Article 72 of the Federal Constitution, Teng added that the
declarations made by a Speaker of any House, whether it was state or
federal, should have been free from court proceedings.

"What kind of judiciary do we have here?" he said.

Commenting on Badrul's declaration of victory, Teng said: "As far as I
am concerned, it is his own declaration. It is not binding. My
declaration still stands."

Teng had earlier declared the Port Klang seat vacant on Jan 20,
claiming that Badrul had failed to attend state assembly sittings for
six months without a valid reason.

However, Badrul challenged the decision and filed a suit before the
Shah Alam High Court.

Winning first as a PKR candidate in the 2008 general election, Badrul
later left the party as an indepedent in October 2009. He then joined
Umno in May 2010.

Also read:
Badrul kekal wakil rakyat Pelabuhan Klang

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