theSun | WEDNESDAY APRIL 15 2009 œ3

news without borders

Federal Court rules it can Relook at

hear Zambry’s challenge
PUTRAJAYA: The Federal Court ruled
yesterday that Perak Mentri Besar Datuk
Dr Zambry Abdul Kadir and his six state
executive councillors had used the right
procedure to challenge their suspension
from attending the State Legislative As-
sembly sittings by Speaker V. Sivakumar.
The five-member panel, led by Court
of Appeal President Tan Sri Alauddin
Mohd Sheriff, also unanimously held that
the apex court could hear the constitu-
tional issue on the suspension order.
They dismissed the preliminary objec-
tion by Sivakumar’s counsel, who argued
that the right procedure for Zamby and
six others to take up the case was by way
of judicial review.
The other judges were Chief Judge
of Malaya Datuk Arifin Zakaria, and
Datuk Nik Hashim Nik Ab Rahman,
Datuk S. Augustine Paul and Datuk
Zulkefli Ahmad Makinuddin.
Zambry and the executive councillors
– Zainol Fadzi Paharuddin, Datuk Ramly
Zahari, Hamidah Osman, Datuk Saarani
Mohamad, Mohd Zahir Abdul Khalid and
Dr Mah Hang Soon – brought the case to
the Federal Court pursuant to Article 44 of
the Perak State Constitution to seek a dec-
laration that the suspension meted upon
them by Sivakumar was null and void.
They initially filed an originating sum-
mons at the Ipoh High Court on March
2, claiming that their suspension – 18
months for Zambry and 12 months for
the executive councillors – by Sivakumar
contravened the state’s constitution.
Earlier, lawyer Sulaiman Abdullah,
who acted for Sivakumar, submitted that
the Federal Court had no jusrisdiction
to hear the merits of the case on the
grounds that the speaker’s decision was
non-justiciable.
He said under Article 72 of the Perak
State Constitution, the validity of any
proceedings in the Legislative Assembly
shall not be questioned in any court.
Citing previous cases, he argued that
it was clear the decisions made by or in
the Federal Parliament or legislative as-
semblies in the states were immune from
judicial challenge.
Attorney-General Tan Sri Abdul Gani
Patail, who acted as an intervenor in the
proceedings, submitted that Article 44
meant that the assembly was not given
the power to regulate its own procedure
and make the punishment.
He said Zambry’s appointment as the
mentri besar was non-justiciable as the
state’s constitution clearly provides for
the powers and discretion of the Sultan
of Perak.
Sivakumar did not have the power to
suspend Zambry and the six executive
councillors while the functions of the
privilege committee were only to carry
out the investigation and pass the motion
to the House, he said.
The submissions on the merits of the
application by Zambry and the six others
will continue tomorrow. – Bernama
Ex-Labuan MP
road barriers
after
ISA
among
highway
crash
statutes KUALA LUMPUR: The Road Safety Department
(JKJR) is studying the effectiveness of barriers,
to be especially their height, as part of its efforts
reviewed to reduce accidents involving express buses,
pg 4 its director-general, Datuk Suret Singh, said
yesterday.
“The issue of the road barrier was an
important aspect in the express bus tragedy
yesterday (Monday) as it did not effectively play
its role to prevent the bus from overturning,”
he told Bernama.
The accident at Km443 of the North-South
Highway near Rawang left six – the lead driver
who was taking a rest and five passengers
– dead and three others injured.
Suret Singh said the primary role of the bar-
riers was to prevent vehicles from careening
off into traffic coming in the opposite direction
or into ravines.
“In yesterday’s case involving a double-
decker express bus, the steel plates used in
the barrier were torn off and penetrated the
body of the bus. This calls for a review of the
suitability of using double-decker express
buses or the height of the barriers, as the case
may be,” he said.

Clerk jailed and fined claims trial to false

declaration charge
Suret Singh also denied that double-decker
buses were not safe to be used as express
buses because they had to meet all the safety

for money laundering KOTA KINABALU: A day after being

charged with cheating, former Labuan
PETALING JAYA: An accounts clerk was sentenced MP Datuk Suhaili Abdul Rahman pleaded
to 30 months jail and fined RM224,625 after she not guilty in the magistrate’s court here
BERNAMAPIX
requirements.
“We cannot jump to conclusions. A com-
prehensive investigation is under way and will
consider all aspects, including the condition of
the bus, the driver’s record, his behaviour and

pleaded guilty to 18 counts of money laundering yesterday to making a false statement
totalling RM328,810.19 yesterday. in a statutory declaration 14 years ago.
Nurul Huda Ahmad, 30, will have to spend another The 48-year-old Labuan Umno chair-
18 months behind bars if she fails to pay the fine. man is charged with making a false
She was charged under Section 4(1)(a) of the Anti- statement before Justice of the Peace
Money Laundering and Anti-Terrorism Financing Act (JP) Mohd Naser Mohd Noor at Mohd
2001 with transferring money belonging to the firm Naser’s office here for the purpose of
she worked for, Messrs Hafidz & Co, to the accounts registering Saraequity Sdn Bhd on Aug
of her husband and a friend, Asfanizan Abdul Razak, 3, 1995.
30, as deposit and payment for real estate renova- If convicted under section 193 of the
tion, full payment for two cars and to pay charges for Penal Code, he faces a jail term of up to
the use of electricity. three years with whipping and liability
Nurul Huda admitted committing the offences of a fine.
between Dec 20, 2005 and Oct 10, 2007 at the Kelana Judge Noor Hafizah Mohd Salim al-
Jaya branch of Affin Bank Berhad. lowed the application by Deputy Public
Delivering the sentence, judge Rozina Ayob told Prosecutor Kevin Morais to transfer the
Nurul Huda to learn from the mistake she had made case to the same court hearing Suhaili’s
and use the time in jail to change so that she could cheating case. No bail was given.
set an an example for her children. On Monday, Suhaili, whose term
“As a parent, you are supposed to be a role model as the Labuan Corporation chairman
for the children but you didn’t. Surely, we as parents, expired on March 31, pleaded not guilty
want to get the best for our children but not only that in the sessions court to cheating a bank
is required, good behaviour and conduct should also Nurul Huda ... manager by using someone else’s
be shown,” she said. advised by judge identity card to act as a guarantor for a
Nurul Huda was represented by lawyer Zulkifli RM160,000 bank loan in 1996.
Ramli. Rahimah Abdul Majid. Maziah Abu appeared
to learn from
mistake. The trial was fixed from Feb 8 to 12
for the prosecution. – Bernama next year. – Bernama
Two police officers charged
also the issue of the road barrier,” he said.
He said the Road Safety Department and
the Malaysian Institue of Road Safety Research
(Miros) would prepare a report on the incident
to be submitted to the Transport Ministry and
the cabinet.
Commercial Vehicles Licensing Board
(CVLB) chairman Datuk Markiman Kobiran said
the board would issue a show-cause notice to
the bus operator.
“CVLB is disappointed with the company for
not being on top of things. They should have
constantly monitored their buses and drivers,”
he said, adding that the board would take
sterner action against express bus companies
if they were found wanting.
The bus carrying 34 passengers was on its
way from Changlun in Kedah to Kuala Lumpur
when it went out of control and hit the road
arrier before overturning. – Bernama
Malaysian student killed
in crash near Melbourne
MELBOURNE: A Malaysian student was
killed on Saturday when a car in which
she was travelling skidded and hit a tree
in Apollo Bay, about 190km from here.
Sharon Chua Sook Teng, 35, an MBA

with soliciting bribes student at RMIT University here, died on

the spot.
“It appears that a Toyota sedan lost
KOTA BARU: Two police officers were of the Anti-Corruption Act control on the Great Ocean Road and hit
BERNAMAPIX

charged in the sessions court here
yesterday with soliciting and taking
bribes totalling RM5,000 from three
crime suspects.
Insp Mude Saefi, 30, and ASP Bahrin
Mohd Noh, 31, of the Kota Baru Crimi-
nal Investigation Department, claimed
trial when the charges were read to
them before judge Hakim Wan Fadhilah
Nor Wan Idris.
They were alleged to have asked for
RM5,000 from Mohd Nasir Idris through
Norizam Raibul at 4.45pm on Aug 20
last year as an inducement for not
taking action against Nasir, Shahizan
Che Azlan and Che Syahid Che Azlan,
who were suspected to possess stolen
items.
Mude and Bahrin were also accused
of receiving RM5,000 from the three
suspects 45 minutes later.
The charges under Section 10(a)(bb)
1997 are punishable under a tree about 10km west of Apollo Bay just
Section 16 with imprison- after 4.30pm,” a police spokeswoman
ment of between 14 days told Bernama.
and 20 years and fine of not “Another woman, also a passenger in
less than five times the sum the car, was trapped for some time before
or RM10,000, whichever is being airlifted to the Royal Melbourne
higher. Hospital in a critical condition.”
The prosecution was con- The driver, believed to be the husband
ducted by Deputy Public Pros- of the injured woman, was taken to
ecutor Mohd Sophian Zakaria Apollo Bay Hospital and then transferred
from the Malaysian Anti-Corrup- to Geelong Hospital for treatment.
tion Commission. Bahrain was The couple, friends of Chua, were
represented by lawyer Ridhuan holidaying here from Singapore.
Ismail, and Mude did not have Chua’s brothers, Poi Hean and Poi
counsel. Keong, and sister Jennifer flew in here
The judge fixed May 26 for yesterday to claim the body.
re-mention and allowed both the Jennifer said the family was wait-
accused bail of RM8,000 each. ing for the body to be released by the
The two police officers have coroner before being cremated and the
been suspended from work Bahrin (left) and Mude ... claimed trial
ashes taken back to their home in Cheras.
pending the disposal of the case. to soliciting and taking bribes.
– Bernama
– Bernama