4 theSun | WEDNESDAY MARCH 25 2009

news without borders

MB sues Gerak chairman over allegation on Lexus, cows

by Tan Yi Liang
newsdesk@thesundaily.com
SHAH ALAM: Selangor Mentri Besar
Tan Sri Khalid Ibrahim yesterday filed a
defamation suit against People’s Anti-
Corruption Movement (Gerak) pro tem
chairman Mohd Nazree Mohd Yunus
over a press release accusing him of
using state money to buy a Toyota
Lexus for his use and also for a dona-
tion of cows for Hari Raya Korban.
“What Mohd Nazree has done is to
repeat (the press statements) without
checking for evidence, and as such it is
defamation,” said lawyer Sankara Nair,
who filed the suit on behalf of Khalid in
the High Court here yesterday.
Sankara said the defamatory re-
marks repeated in two press releases
by Mohd Nazree were similar to those
made by former mentri besar Datuk
Seri Dr Mohd Khir Toyo that resulted in
a suit filed against him on Feb 18.
This followed an earlier call by
Khalid on Feb 4, when two letters of
demand were delivered to Khir calling
for him to retract the allegations made
in the media or face legal action.
Sankara said legal documents were
served on Khir a week ago.
“We have also sent a letter to the
Malaysian Anti-Corruption Commis-
sion (MACC) asking for an explanation
for statements made by MACC chief
Datuk Seri Ahmad Said Hamdan on
Feb 20 announcing the findings of
the investigation into the allegations
against Khalid.
“We have written to MACC for a
second time, asking for an explana-
tion as to what provision of the law
empowered Datuk Seri Ahmad Said
to issue a statement against Tan Sri
Khalid, saying that he (Khalid) had
misused his powers. The earlier letter
was dated Feb 26,” said Sankara.
“They came out with a press
statement a few weeks later, saying
that they would not be making such
statements in the press any more
after taking advice from an advisory
board. But they still say that they are
not wrong, while we have been saying
that they are wrong,” he added.
Sankara expressed “concern” as
to why there was only silence from
the MACC.
“So we sent another letter to them
on March 19 as a reminder.”

Two petitioners fail

to nullify BN victories
PUTRAJAYA: A voter and a PAS
candidate yesterday failed in their
bids to nullify the Barisan Nasional’s
victory for the Kuala Kangsar parlia-
mentary and Kubu Gajah state seats
in the March 8 general election last
year.
The Federal Court here dismissed
their appeals against the High
Court’s refusal to nullify the election
results for the Kuala Kangsar seat
won by Tan Sri Rafidah Aziz and the
Kubu Gajah seat by Datuk Seri Raja
Ahmad Zainuddin Raja Omar.
In the election, Rafidah polled
10,735 votes to defeat Perak PAS
deputy commissioner Dr Khairuddin
Abd Malik with a 1,458-vote majority,
while Raja Ahmad, who polled 4,114
votes, beat PAS candidate Mohamad
Nazri Din by 66 votes.
The appeals were heard before
Chief Judge of Sabah and Sarawak
Tan Sri Richard Malanjum and
Federal Court Judges Datuk S.
Augustine Paul and Datuk Zulkefli
Ahmad Makinudin.
On July 4 last year, Ipoh High
Court Judge Datuk Zakaria Sam had
rejected the Kuala Kangsar petition
filed by a voter, Ahmad Jamaluddin
Abd Majid, who also named return-
ing officer Datuk Mohd Ghazali
Jalal and the Election Commission
as respondents.
Ahmad Jamaluddin sought to
have the election result for the
seat declared null and void on the
ground that Rafidah did not sign two
of the nomination forms as provided
for under the First Schedule of the
Election (Conduct of Elections)
Regulations 1981.
Zakaria had also dismissed the
petition for the Kubu Gajah seat filed
by Mohamad Nazri, who claimed
that Raja Ahmad Zainuddin had
committed corrupt practice while
campaigning at a house in Kubu
Gajah.
In yesterday’s judgment, Zulkefli
said Rafidah had consented to be
nominated as a candidate despite
the absence of her signature in the
other two nomination forms.
He said Rafidah had gone per-
sonally to hand over her nomination
papers to the returning officer (RO)
and that signified her intention to
accept the nomination to contest as
a candidate for the constituency.
He said the supporting docu-
ments like the receipts and the
deposit for election campaign mate-
rials together with the nomination
papers were sufficient evidence that
Rafidah consented to her nomination
as a candidate. He said the RO had
exercised his discretion judiciously
in accepting the nomination papers
even though Rafidah had signed the
original nomination form while the
other two nomination papers were
not signed.
In Raja Ahmad ’s case, Paul in his
judgment said Raja Ahmad’s prom-
ise while campaigning at a house
in Kubu Gajah did not amount to
a corrupt practice. In giving the
gift, loan or offer, it must be for the
purpose of changing the mind of the
voters who had been identified, he
said.
This was logical as the question
of inducing a person to do some-
thing simply could not arise if he
had already decided to do the thing,
he added. – Bernama
Zambry vs Siva:
JC recuses himself
by Humayun Kabir suspended Zambry and his Chan said Wan Afrah fixed
newsdesk@thesundaily.com six exco members from at- April 2 to hear the defendant’s
tending state assembly sittings application to strike out the
Montana IPOH: Judicial Commissioner for 18 months and 12 months plaintiff’s action as Chan had
crash Ridwan Ibrahim yesterday respectively for contempt of submitted that Sivakumar
recused himself from hear- the House. has immunity against any
plane was ing the suit brought about by Zambry and his exco mem- court proceedings as stated in
crowded Mentri Besar Datuk Zambry bers are suing Sivakumar for Article 72 (Privileges of Legis-
pg 8 Abdul Kadir and his six execu- making an illegal ruling and lative Assembly) of the Federal
tive councillors against their that they be allowed to attend Constitution.
suspension order by Perak state assembly sittings. Chan had also applied that
State Assembly Speaker V. Later, at a press conference, the proceedings be held in
Sivakumar. Sivakumar’s lead counsel open court as the case was
Ridwan made the decision Chan Kok Keong said judge “high profile and of public
without giving reasons in his Datuk Wan Afrah Wan Ibra- interest”. However, Zambry’s
chambers after a 15-minute him heard in her chambers the counsel objected to this.
break at 10.15am. He also submissions by Sivakumar’s Chan said Wan Afrah
directed that the suit be trans- four lawyers (Chan, Nga Hock would also make her decision
ferred to the High Court here Cheh, Leong Cheok Keng on whether to hear the case in
for mention. and Mohd Asri Othman) and open court on April 2. He said
Sivakumar, as chairman Zambri’s two lawyers (Faizul they would also file the applica-
of the state assembly’s rights Helmi Ahmad Zambri and M. tion to strike out the plaintiff’s
and privileges committee, had Reza Hassan). action in High Court today.
Ngeh: Bukit Gantang by-election a referendum by Perak citizens
by Giam Say Khoon acceptable. the dissolution of the state assembly
newsdesk@thesundaily.com The Setiawan assemblyman and is needed and the by-election is a
Bruas MP said by appointing former chance for the people to register their
KUALA LUMPUR: Perak DAP chief Mentri Besar Datuk Seri Mohammad protest,” he told a press conference in
Datuk Ngeh Koo Ham says the Bukit Nizar Jamaluddin to be the candidate Parliament lobby yesterday.
Gantang by-election is not just another for the parliamentary seat “is Pakatan On whether the PR is worried about
by-election but a referendum for the Rakyat’s (PR) best choice”. losing the by-election, Ngeh said: “We
people of Perak to decide whether “The decision whether PR or BN are not worried about going back to
the Barisan Nasional’s (BN) way to should lead the state should be made the people. We are democratic and we
take over the state government is by the people from the state. Therefore, adhere to the law.