The Ipoh High Court today dealt a blow to Perak assembly speaker V Sivakumar by disallowing his team of lawyers from representing him in two actions filed by BN Menteri Besar Zambry Abd Kadir.

Judicial commissioner Ridwan Ibrahim had ruled that private lawyers have no legal standing to represent the speaker.

The ruling was made following an application made by Zambry's team of lawyers.

"Their argument was that the speaker is part of government, and because the speaker is part of government, only the Attorney General's Chambers and the state legal advisor can appoint lawyers.

perak state govt crisis 030309 tommy thomas "And they normally appoint themselves," explained Sivakumar's lawyer Tommy Thomas ( left ) to reporters after a 30-minute hearing session in the judge's chambers.

He added that the judge ruled that the present set of lawyers representing Sivakumar had no legal standing and could not represent the speaker.

"The only person that can represent the defendant is the state advisor," he said.

He said that the only exception to this was if approval has been given by the Attorney General and/or the legal advisor under Section 24(3) of the Government Proceedings Act 1956.

Thomas also said that their argument that it would be a conflict for the state advisor to represent the speaker was dismissed by the judge.

He also said that the judge dismissed their application to conduct a watching brief with the right to submit on behalf of the speaker.

"The judge said we can hold a watching brief but may not make any submissions," he added.

What transpired in chambers

Thomas also issued a press statement outlining what transpired in the judge's chambers. He said that he entered Rizwan's chambers at about 9.45am, adding that only one counsel from both sides were allowed in.

Hafarizam represented Zambry and his exco members while the deputy state legal advisor Zulkifli Zulkarnain was also present in the judge's chambers.

"Once in chambers, I requested that the proceedings be held in open court because of the public interest in the matter. The plaintiffs objected, and the judge ruled that it should be heard in chambers.

"At the outset, counsel for the plaintiffs stated that my team and I had no locus standi to represent the defendants, namely the speaker and the Perak state legislative assembly.

Thomas said that according to Hafarizam only the state legal advisor can act for these two defendants.

"The one exception is a fiat granted by the Attorney General and/or the legal advisor under Section 24(3) of the Government Proceedings Act 1956. The state legal advisor supported this submission.

Thomas said that he submitted that the Government Proceedings Act was not applicable on the facts of the case and these proceedings because the defendants do not come within the Act.

"The speaker is not a ‘public officer' and the assembly is not ‘government' within the meaning of that Act. I also produced a letter by the speaker appointing our team as the lawyers for the defendants," he added.

He said that at end of submissions which lasted about half an hour, the judge ruled that the defence team had no locus standi to represent the defendants.

"I then applied to hold a watching brief, but with speaking rights. The plaintiffs again objected. The court ruled that I could hold the watching brief but could not submit or participate in its proceedings.

"In consequence of the two rulings, I informed the judge I did not wish to remain in chambers, and sought his permission to leave," he added in his statement.

He said that the court recorded that Thomas could withdraw from Chambers, which he did at about 10.20 am.

Taking fresh instructions

With this ruling, Thomas told reporters that they would be taking instructions from Sivakumar on the next course of action, including the possibility of appealing against the judge's decision.

"We disagree with the ruling but we respect it," said Thomas.

perak state govt crisis 030309 pakatan lawyers Thomas was among a group of lawyers including Chan Kok Keong, Philip Koh Tong Ngee and Augustine Antony who had appeared for Sivakumar this morning to face the actions filed by Zambry.

Zambry and his six exco members had filed two suits against Sivakumar - the first was against his decision to use the undated resignation letters of three BN-friendly independents to declare their seats vacant and the second was over the suspension meted out by Sivakumar against Zambry and his exco members.

Following the decision not to allow Thomas and others to represent Sivakumar, justice Ridwan adjourned the matter to another date to be fixed soon.

Zambry was represented by Mohd Hafarizam Harun, Firoz Hussein Ahmad Jamaluddin, Badrul Hishah Abd Wahab and others.

Injunction filed this morning

perak state govt crisis 030309 hafarizam harun Speaking to reporters later, Hafarizam ( photo ) said that they had objected on the presence of private lawyers to represent Sivakumar.

"Our objection was based on the fact that these lawyers had not obtained the permission from the state legal advisor to represent the speaker," he said.

Zambry's lawyers also said that the menteri besar and his exco members can be represented by private lawyers as they had filed the suits in the personal capacity.

In a press conference attended by Firoz as well, Hafarizam also revealed that they had filed an injunction application at 8.30am against all unlawful assembly sittings by Pakatan.

The matter will be heard before justice Ridwan at 2.30pm today.

"The application is not just an injunction, but also alternatively for a stay of all further unlawful meetings of the state assembly," added Firoz.

perak state govt crisis 030309 firoz hussien When asked as to who will represent the speaker, Firoz ( photo ) responded: "Presumably must be the state legal advisor or his representatives."

In Kuala Lumpur, Perak state legal advisor Ahmad Kamal Shahid, refused to comment when asked who would be representing Sivakumar this afternoon.

Both Zamry and Sivakumar were not present in the court this morning.

While the matter was being argued in justice Ridwan's chambers, Sivakumar chaired an emergency assembly sitting under a tree in a car park next to the state secretariat, where Pakatan representatives passed motions to support Mohd Nizar Jamaluddin as the menteri besar as well as to dissolve the state assembly.