IPOH HIGH COURT SAMAN PEMULA NO. 24-247-09
DATO’ DR ZAMBRY BIN ABD. KADIR & 6 ANORS
-vs-
SIVAKUMAR A/L VARATHARAJU NAIDU & ANOR
I make reference to the above matter and the events on the afternoon of 03.03.2009 that had plunged the ethics of the legal profession to a new low and driven common decency, courtesy and candour into the a new dark ages of Malaysia.
In the morning of the same day to the shock and dismay of the people of Perak the Judicial Commissioner YA Ridwan Ibrahim (JC) ruled that the five lawyers of choice of the Speaker of Perak Legislative Assembly namely Tommy Thomas , Augustine Anthony, Chan Kok Keong , Philip Koh and Leong Cheok Keng cannot be allowed to represent him and instead should be represented by the Perak State Legal Adviser (SLA) whose relationship with the Speaker has come down to a point that is irreparable .
The decision of the JC was communicated to the Speaker immediately. The shocked Speaker in a last ditch attempt in the High Court stop the SLA or his agents from representing him (as he had strong reason to believe that the SLA or his agent would act against his interest), immediately wrote and instructed me to deliver a letter to the court informing that the Speaker had at no time appointed the SLA and his agents.
Before the commencement of the adjourned hearing in the afternoon, I and my assistant Mr. Sugumaran, together with Counsel Mr. Leong and pupil Grace hurried to the court to deliver the letter of the Speaker. There we met the secretary to the JC
At the office of the Secretary of JC, I hand delivered the Speaker’s letter. The secretary promptly acknowledged receipt of the letter by signing my duplicate copy.
Contemporaneous to the handing of the letter, lawyers for the Plaintiffs, stormed into the secretary’s room and in a raised and threatening voice told me that I had no right to forward the Speaker’s letter to the JC and instructed the secretary to return the said letter back to me.
The surprisingly compliant secretary as instructed by the Plaintiff’s lawyers immediately returned the letter to me. Shocked and disappointed with the manner in which the secretary obeyed the Plaintiff’s lawyers, I cautioned her that as a public servant she is duty bound to deliver the said letter to the JC.
At this moment one of the Plaintiff’s’ lawyer whom I recognize as Dato’ Hafarizam, in a rare and shocking display of arrogance and utter disregard and respect for the office of the High Court of Malaya, said to me that if I can deliver the letter of the Speaker to the JC, he too can right away call Prime Minister Badawi to write a letter to the JC.
I responded that if he wishes to instruct the Prime Minister, that would be entirely up to him.
At about the same time another lawyer whom I recognize as Faizul Hilmi retrieves the letter from the secretary and handed me the said letter. I refused to accept the letter and informed him that since the said letter is acknowledged receipt by the court, it is now a court document.
The said Faizul Hilmi thereafter having participated in the removal of the letter from the court record, threw the same letter on the floor outside the door of the secretary.
I find such conduct on part of the Plaintiffs’ lawyers highly objectionable and will forthwith lodge a complaint to the Disciplinary Board of the Malaysian Legal Profession and urge that this matter be investigated accordingly.
In the meantime I also reserve all my other rights.
Dated 07.03.2009
DATO’ DR ZAMBRY BIN ABD. KADIR & 6 ANORS
-vs-
SIVAKUMAR A/L VARATHARAJU NAIDU & ANOR
I make reference to the above matter and the events on the afternoon of 03.03.2009 that had plunged the ethics of the legal profession to a new low and driven common decency, courtesy and candour into the a new dark ages of Malaysia.
In the morning of the same day to the shock and dismay of the people of Perak the Judicial Commissioner YA Ridwan Ibrahim (JC) ruled that the five lawyers of choice of the Speaker of Perak Legislative Assembly namely Tommy Thomas , Augustine Anthony, Chan Kok Keong , Philip Koh and Leong Cheok Keng cannot be allowed to represent him and instead should be represented by the Perak State Legal Adviser (SLA) whose relationship with the Speaker has come down to a point that is irreparable .
The decision of the JC was communicated to the Speaker immediately. The shocked Speaker in a last ditch attempt in the High Court stop the SLA or his agents from representing him (as he had strong reason to believe that the SLA or his agent would act against his interest), immediately wrote and instructed me to deliver a letter to the court informing that the Speaker had at no time appointed the SLA and his agents.
Before the commencement of the adjourned hearing in the afternoon, I and my assistant Mr. Sugumaran, together with Counsel Mr. Leong and pupil Grace hurried to the court to deliver the letter of the Speaker. There we met the secretary to the JC
At the office of the Secretary of JC, I hand delivered the Speaker’s letter. The secretary promptly acknowledged receipt of the letter by signing my duplicate copy.
Contemporaneous to the handing of the letter, lawyers for the Plaintiffs, stormed into the secretary’s room and in a raised and threatening voice told me that I had no right to forward the Speaker’s letter to the JC and instructed the secretary to return the said letter back to me.
The surprisingly compliant secretary as instructed by the Plaintiff’s lawyers immediately returned the letter to me. Shocked and disappointed with the manner in which the secretary obeyed the Plaintiff’s lawyers, I cautioned her that as a public servant she is duty bound to deliver the said letter to the JC.
At this moment one of the Plaintiff’s’ lawyer whom I recognize as Dato’ Hafarizam, in a rare and shocking display of arrogance and utter disregard and respect for the office of the High Court of Malaya, said to me that if I can deliver the letter of the Speaker to the JC, he too can right away call Prime Minister Badawi to write a letter to the JC.
I responded that if he wishes to instruct the Prime Minister, that would be entirely up to him.
At about the same time another lawyer whom I recognize as Faizul Hilmi retrieves the letter from the secretary and handed me the said letter. I refused to accept the letter and informed him that since the said letter is acknowledged receipt by the court, it is now a court document.
The said Faizul Hilmi thereafter having participated in the removal of the letter from the court record, threw the same letter on the floor outside the door of the secretary.
I find such conduct on part of the Plaintiffs’ lawyers highly objectionable and will forthwith lodge a complaint to the Disciplinary Board of the Malaysian Legal Profession and urge that this matter be investigated accordingly.
In the meantime I also reserve all my other rights.
Dated 07.03.2009
1 comment:
Cindy Lee wrote at 5:47pm
Dear Mr Kula, I'm Albert Lee's daughter from Bercham. You have help me to fight the court case from accident few years ago. As you are so busy, I have no chance to meet you directly to say thank you. Thanks and I'm so happy to see you take over Perak Government. I will support you and we rakyat will not give up So do you. The BN will deserve the consequence 4 years later.
Now they use dirty ways to take over Perak but they cannot take away rakyats' heart.
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