The Federal Court today threw out an application by ousted Perak speaker V. Sivakumar to set aside its earlier ruling that the three Perak state assemblymen who turned independent could keep their seats.
Justice Datuk Zulkefli Ahmad Makinudin, who led a three-member bench, struck out Sivakumar's application after allowing a preliminary objection by counsel for the three assemblyman and counsel for the intervenor, the Election Commission (EC).
Zulkefli, Datuk Seri Md Raus Sharif and Datuk Abdull Hamid Embong unanimously ruled that Sivakumar had failed to set out the provision of law on which his application was based.
The ruined remains of the suspension bridge after it collapsed, leaving three schoolchildren dead.
Muhyiddin admits Kampar bridge construction flawed
The fathers of the three pupils who drowned in the Kuala Dipang bridge tragedy on Oct 26 have filed a RM105 million suit alleging negligence on the part of 10 parties.
K.Mageswaran, K.Vasudevan and T. Nathan named as defendants the headmasters of Sekolah Jenis Kebangsaan Tamil (SJKT) Mambang Diawan and SJKT Gopeng; the head of the Kinta Selatan district education office; the Perak State Education Department director; Kampar District Council president; Perak Public Works Department director and the commandant of the 1Malaysia Camp in Kuala Dipang.
Others are the donor of the suspension bridge that collapsed in the tragedy GS Synergy Sdn Bhd, CWL Enterprise which is the contractor responsible for the construction of the bridge, the Education Minister and the Government of Malaysia.
The suit was filed through the law firm of Messrs A.Sivanesan & Co. at 10.22am today the High Court registrar's office here.
Besides seeking RM35 million in general damages for each of the victim, the plaintiffs respectively also want RM19,120 in special damages, RM100,000 in exemplary damages, interest at eight per cent from the date of the children's drowning till the realisation of payments, costs and other relief deemed fit by the court.
Among others, the plaintiffs cited lack of lighting in the area, lack of supervision by the persons responsible for the safety of the pupils attending the 1Malaysia camp in Kuala Dipang organised by the Kinta Selatan district education office , non-provision of life jackets and not ensuring that the bridge was safe for use as contributing to the deaths of their children.
Their children, M. Devatharshini, 11, V. Divyashree, 12, and N. Dinadevi, 11, drowned in the Kampar River after they fell into it when the suspension bridge collapsed as they were crossing it together with scores of other pupils attending the camp.
In an immediate reaction, Perak Menteri Besar Datuk Seri Dr Zambry Abdul Kadir said the parents had the right to file the suit.
"We (government) cannot stop them from pursuing this action as they lost their loved ones in the tragedy," he told reporters here today.
However, he cautioned against the tragedy being used for political mileage and some people trying to be "champions" in the matter.
On another matter, Zambry said the state government was in the process of working out a mechanisn to channel education aid of RM200 for each child born in Perak next year and that it would most likely be in the form of a savings account.
Education Ministry to defend from lawsuits
The Education Ministry will defend itself against a suit filed by the fathers of the three pupils who drowned in the suspension bridge collapse tragedy in Kuala Dipang on Oct 26.
Deputy Education Minister, Dr Mohd Puad Zarkashi, said during the camping programme regulations and safety steps determined by the ministry were followed.
"Just that on the bridge collapse, we leave it to the Public Works Department (PWD) to investigate and take action as the bridge was not built by the state education department," he told reporters after officiating the 55th Annual General Meeting of the Federation of Peninsular Malaysia Malay Students (GPMS) here on Saturday.
Yesterday, the fathers of the three pupils filed a RM105 million suit alleging negligence on the part of 10 parties.
Among defendants named are the the Government of Malaysia, the Education Minister, the Perak State Education Department director, the head of the Kinta Selatan district education office, headmasters of Sekolah Jenis Kebangsaan Tamil (SJKT) Mambang Diawan and SJKT Gopeng.
The suit was filed through the law firm of Messrs A.Sivanesan & Co. at 10.22am today at the High Court registrar's office here. Sivanesan is the state assemblyman for Sungkai from the DAP.
In the incident, the three pupils were part of a group of 298 Year Four, Five and Six from the Kinta Selatan district for a 1Malaysia Camp for four days at the Kinta Selatan District Education Office's Co-Curriculum Centre.
Dr Mohd Puad said the ministry will ensure from time to time that safety characteristcs for the camping programmes organised by the private sector were adhered to.
KUALA LUMPUR, Sept 2 — In a race against time, Perak’s Pakatan Rakyat (PR) faction will be rushing to the Ipoh magistrate’s court at 8am today to set aside another court order barring the public from going near the state secretariat building, ahead of its scheduled assembly sitting at 10am.
Ousted Perak speaker, V. Sivakumar who fears interference from the state secretary, says he is committed to holding an assembly sitting inside the state secretariat building in Ipoh tomorrow.
“I'll go ahead with it,” he told The Malaysian Insider over the phone this evening.
Sivakumar had failed in his bid to get the Ipoh High Court to issue a restraining order against Datuk Abdul Rahman Hashim earlier this afternoon.
According to PR’s calculations, the assembly must sit tomorrow or be automatically dissolved. Perak’s Constitution provides for only a six-month gap between sittings.
Sensing trouble, state police chief, Datuk Pahlawan Zulkifli Abdullah, succeeded in getting a court order under Section 98 of the Criminal Procedure Code to block anyone from going within 30 metres of the fence encircling the state government headquarters at Ipoh’s Jalan Panglima Bukit Gantang Wahab from 1am today until 11pm tomorrow.
He said the police had obtained a court order under Section 98 of the Criminal Procedure Code to prohibit anyone from attending the ‘sitting’ or being within a 30-metre radius from the building, beginning 1am on Sept 2 till 11pm, the following day.
“The police have been informed by the state government that there is no state assembly sitting scheduled for Sept 2,” he said in a statement here today. Zulkfili said the matter had also been verified by Perak State Assembly Speaker Datuk R. Ganesan.
“The order seems to prohibit supporters from gathering but not elected reps,” ousted DAP state executive councillor Datuk Ngeh Koo Ham told The Malaysian Insider last night when contacted.
“This should rightly be so as Article 72 of the Federal Constitution prohibits courts from interfering with the affairs of the Legislature,” he added.
But Ngeh lashed out at the police force for the public institution’s seemingly all-too speedy action in kow-towing to BN.
The Perak DAP chief expects the police to stop PR assembly members from going into the state secretariat.
And he pointed out that anyone who blocks a lawmaker from carrying out his duties can be jailed up to seven years under Section 124 of the Penal Code.
The previous Perak Assembly Speaker Sivakumar were forcefully stripped from his robe and manhandlled to vacate the Assembly Speaker seat.
New Perak Speaker R. Ganesan stands accused of holding another job besides being the Speaker of the state assembly. Another battle is raging over Datuk R. Ganesan’s validity as the Perak Speaker, with Pakatan Rakyat leaders here claiming he should be disqualified for holding two jobs — as Speaker and as a lawyer.Ganesan has, however, denied this and claims he had stopped his practice since his appointment during the chaotic May 7 state assembly sitting. The Bar Council has clarified that Perak Speaker Datuk R Ganesan had only filed a notice of cessation of practice as a lawyer on August 17, ten days after a statutory deadline for him to do so expired.A letter to the Bar Council which was received on August 17 was however dated August 6.
The actual “Notice of Cessation of Practice as an Advocate and Solicitor” was only field on August 17, as was an accompanying statutory declaration.
Last week, former mentri besar Datuk Seri Mohammad Nizar Jamaluddin revealed that the former Sungkai assemblyman had infringed Article 36A of the Perak Constitution by failing to relinquish his job as a lawyer within three months of his appointment.
Bar Council secretary George Varughese said in a statement today the Bar Council had acknowledged receipt of Ganesan’s letter dated August 6.
But he pointed out that the “Notice of Cessation” was dated August 17.
In the statement, Varughese said Ganesan had faxed a letter to the Bar Council on August 13, six days after the deadline expired, claiming that he had ceased being a lawyer on August 6.
But the notice of cessation remained dated August 17, ten days after the legal deadline.
The Bar Council statement appears to back Perak PR lawmakers in their argument that Ganesan had breached the state constitution and could no longer be Speaker.
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Police Entered the Perak State Legislative Assembly and Forcefully Removed Speaker Sivakumar from his Chair and Dragged out of the Hall
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Perak state assembly meeting 7 may 2009 many pkr supporter arrested
