Damian S. L. Yeo & L. C. Goh (DSLY)
No. 2007, Lorong Sidang Omar, off Jalan Penghulu Abbas, Bukit Baru, Hang Tuah Jaya, 75100 Melaka

Tel : 06-2347011
& 06-2347012
Fax: 06-2347022


Wednesday, February 18, 2009

Legally Correct

Press Statement by Karpal Singh in Kuala Lumpur on Monday, 16th February 2009:

"I cannot see how I have committed treason or sedition"

I call upon Khairy Jamaluddin, Datuk Khir Toyo and Datuk Mukhriz Mahathir to cease and desist from further exploiting my legal opinion backed by judicial pronouncements that a Ruler can be taken to court in his official capacity, more so now after the amendment to the Rules of the High Court, 1980 by the introduction of Order 53 which came into effect on 21st September, 2000 which provides for judicial review of the decision-making process by public authorities affecting a citizen’s rights including rights guaranteed under the Federal Constitution or Constitutions of the States in the Federation of Malaysia. Clearly, therefore, in the case of the dismissal of the Pakatan State Government in Perak by the Sultan, it is the decision of the Sultan which requires judicial review in the interest of the people in Perak who had on March 8 last year exercised their franchise to return a Pakatan Rakyat State Government.

Article 181(2) of the Federal Constitution states, “No proceedings whatsoever shall be brought in any court against a Ruler of a state in his personal capacity except in the Special Court”. This clearly, inevitably and compulsively more than implies that a Ruler can be sued in his official capacity in a civil court, Khairy Jamaluddin, Khir Toyo and Mukhriz Mahathir should take legal advice before embarking upon their attacks against me.

I cannot see how I have committed treason, sedition or for that matter committed any criminal offence known to law or in any way disrespected the Monarchy. I have in no way been rude to the Sultan of Perak. Khairy Jamaluddin, Khir Toyo and Mukhriz Mahathir should not in their zeal to win the upcoming UMNO Youth elections find themselves within shooting range of judicial proceedings by me against them. Let this be a warning to these three personalities and others of like mind.

I regret about 100 police reports have been lodged nationwide against me by those who are obviously ignorant of the law. This euphoria triggered off by irresponsible statements of Khairy Jamaluddin, Khir Toyo and Mukhriz Mahathir should in my view be brought to an end so as to avert any unnecessary eventuality.

In fact the Sultan of Perak should himself clear the air. Being former Head of the Judiciary, what he says could well bring to an end a controversy created by irresponsible elements to enhance their own political objectives in utter disregard to the far reaching consequences which may affect public order.

Politicians should play the game according to the rules and not descend to gutter politics. Ii is irresponsible politicians who degrade politics and set a bad example to the younger generation who aspire to lead the country. No doubt, entry into politics does not require any basic qualification or caliber. But, what is necessary is political maturity to live up to leadership through example.

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