Speaker vs Speaker - Round 2

The Perak political crisis has now shifted to a court battle over the legislative assembly speaker's chair with ousted Perak state assembly speaker V Sivakumar seeking two court injunctions against his replacement.

In the statement of claims filed at the Ipoh High Court at about 11:30am today, Sivakumar is seeking an injunction against Barisan Nasional-installed speaker R Ganesan from obstructing him in exercising his duties.

Sivakumar is also seeking unspecified damages for "assault and battery" suffered during the May 7 state assembly, where he was forcibly removed from the House by police personnel on Ganesan's orders.

On this note, Sivakumar is also seeking an injunction against Ganesan from ordering "any further abuse, assault and/or battery by (Ganesan) and/or his agents or servants".

If these injunctions are granted, Pakatan Rakyat would have effectively stymied the widely-expected emergency sitting called by BN to move a vote of no-confidence against Pakatan's Mohd Nizar Jamaluddin as menteri besar.

On Monday, Nizar was declared the legitimate menteri besar by the Kuala Lumpur High Court. His BN counterpart Zambry Abdul Kadir however managed to secure a stay of execution order the next day at the Court of Appeal.

‘False imprisonment'

In his statement of claim, Sivakumar said that he was at all material times Tronoh state assemblyperson and state assembly speaker, while Ganesan was not an elected member of the assembly.

Sivakumar stated that he was forcefully ejected from the chamber and assaulted by Ganesan's "agents" and later "imprisoned" for more than an hour.

"By the reason of the abovestated matters, the plaintiff (Sivakumar) was prevented from carrying out his duties and obligations as the lawful speaker of the assembly and suffered shock, pain and injury, loss and damage.

"The plaintiff also suffered and endured great humiliation and embarrassment in public," read Sivakumar's statement of claim.

Sivakumar is also seeking damages for "false imprisonment". He was locked inside the assembly building's changing room until the controversial sitting was adjourned by rival speaker Ganesan.

The suit was filed by Chan Kok Keong and Associates. Chan had acted for Sivakumar in several other cases related to the Perak crisis.

In an immediate reaction, Ganesan told Malaysiakini that Sivakumar had the right to file the case, but maintained that he was the lawfully elected speaker.

"He may claim that he is the rightful speaker, but whatever we did was in accordance to the standing orders of the house and I'm the legally existing speaker. We'll see them in court," he said.

Ganesan’s ‘astonishing claim’

In an immediate response, Sivakumar’s lawyer Leong Cheok Keng challenged Ganesan to prove his claim that he is the lawful assembly speaker.

“In the first place, Ganesan had no business to be in the state assembly on May 7 as he was not even a member of the House,” he said.

Leong said that Ganesan (middle in photo) should back his “astonishing claim” that his appointment is valid by reason of him having ousted Sivakumar by force.

The lawyer added that the motion to remove Sivakumar from office by BN was rejected by the speaker a day earlier and the resolution to remove him was not valid as he can be only removed by an assembly sitting which is validly convened and held.

Leong said BN’s claim to have the majority in the House does not hold water as the assembly’s standing orders was ignored. He said Sivakumar had not convened the sitting when the motion to oust him were ‘passed’ by BN assemblypersons.

“Zambry has been ruled as an illegal menteri besar by the High Court on May 11. How could an ‘illegal sitting’ elect a new speaker?”