4 theSun | FRIDAY MAY 8 2009

news without borders

Court to decide who is rightful MB on Monday

by S. Tamarai Chelvi
newsdesk@thesundaily.com
KUALA LUMPUR: The High Court
will decide on Monday who is the
rightful mentri besar of Perak.
Justice Datuk Abdul Aziz Abdul
Rahim fixed the date yesterday
after hearing submissions from
both former mentri besar Datuk
Seri Mohammad Nizar Jamaluddin
and current mentri besar Datuk Dr
Zambry Abdul Kadir on the former’s
application for judicial review on the
appointment of the latter.
Nizar and Perak legal adviser
Datuk Ahmad Kamal Md Shahid had
given evidence as there were disputed
facts in their respective affidavits.
In his affidavit, Nizar said he
requested the Sultan of Perak to dis-
solve the state legislative assembly
on the basis of a “deadlock” whereas
Kamal said Nizar informed the Sul-
tan that he had lost the confidence of
the majority.
Earlier, Nizar’s lawyer, Sulaiman
Abdullah, said Malaysia practises a
constitutional monarchy based on a
parliamentary system and the bal-
ance of the constitution is the king
or ruler and the function of the court
is to strengthen the constitution at its
balance.
He said the ruler chooses a per-
son who, in his judgment, is likely to
command the majority support and
the “initial selection” is the ruler’s
discretion.
Sulaiman said it is not abnormal
for Nizar to ask for a dissolution.
“If a prime minister can go to the
ruler and say ‘dissolve the Parlia-
ment because now it is the best time
for me’, why can’t Nizar go to the
Sultan and say ‘now we have got a
problem, dissolve the Parliament.”
He said Nizar is asking for fresh
elections.
“Let the people decide.”
He said the ruler can take into
account the political stability which
will be determined by allowing a
election to take place.
“The removal of a leader does
not rest with the ruler; neither does
it rest with the people. At this stage,
people have no say or role. Who then
has the role? People elected by the
people have a say,” said Sulaiman,
referring to elected representatives.
“A chief minister cannot be re-
moved or deemed to have vacated.”
Sulaiman also spoke about the
press statement issued by the Sultan
of Perak on Feb 5.
He said the ruler’s press statement
said he acted under Article 16 (6) of
the state constitution and that is the
reason
Nizar is asking the court to inter-
pret the provision.
“Look at the draft Proclamation of
Dissolution, which Nizar took along
to ask for dissolution. If he was go-
ing to see the Sultan because of loss
of confidence, he would state the
specific provision – article 16 (6),”
Sulaiman said.
“But this specific provision was
not used, instead a “general provi-
sion” under article 36(2), which
states that the ruler has the pregoga-
tive to resolve (was cited).”
He said that is the reason they set
out to interpret article 16 (6).
He said the press statement stated
that the Sultan titah (ordered) Nizar
and the executive council to resign
immediately. If they did not, they
are deemed to be vacated.
“Only the constitution can remove
Nizar but it was not the constitution
which removed him. This was not
the situation here,” Sulaiman said.

Doctor: Police
asked for
post-mortem
on actress
KUALA LUMPUR: The forensics consult-
ant of Tengku Ampuan Rahimah Hospital
(HTAR) in Klang yesterday told the inquest
into actress K. Sujatha’s death that police
had asked for a post-mortem to be done
in her case.
Dr Khairul Azman Ibrahim told the
coroner’s court that it is compulsory for a
post-mortem to be done when police made
an official request for it.
“In Sujatha’s case, police issued the
necessary documents and the medical
officer on duty at the hospital’s mortuary
on the day in question (June 25, 2007), Dr K.
Saravanan, should have made sure it was
done,” he said.
Asked by deputy public prosecutor
Geethan Ram Vincent whether the proce-
dure should be followed even if the family
of the deceased did not wish for a post-
mortem, he replied in the affirmative.
Khairul said as head of department, he
had asked Saravanan why the post-mortem
was not carried out and was told it was un-
necessary because the cause of death was
stated in the burial permit.
He agreed to a suggestion by Geethan that
if the post-mortem had been carried out, the
hospital would have been able to arrive at
conclusive findings on the cause of death.
Khairul was testifying at the inquest into
the death of Sujatha, 28, on June 25, 2007,
four days after being admitted to HTAR as a
result of accidental ingestion of paraquat.
Questioned by counsel Datuk K. Kuma-
raendran, who is holding a watching brief for
Maika Holdings Bhd chief executive officer S.
Vell Paari, whether under section 330 of the
Criminal Procedure Code if an investigating
officer is satisfied with the cause of death,
he could instruct for a post-mortem not
to be done, Khairul agreed that the officer
could do this.
Khairul also agreed that in criminal
cases, the final decision as to whether a
post-mortem should be conducted lay with
the police.
To a question from coroner Mohd Faizi
Che Abu on whether he knew if the police
had retracted the post-mortem request,
Khairul said he did not know anything about
this.
Another witness, Mahaletchumy
Kaveri, 42, a medical assistant at HTAR’s
emergency ward, said Dr S. P. Sakthiveloo
(the first doctor to treat Sujata when she
was admitted to the emergency ward) had
asked her assistance to change Sujatha’s
clothes when the actress was being ad-
ministered emergency treatment on June
19, 2007.
Mahaletchumy said she did not see any
sign of injury or bruises on Sujatha’s body
when she was changing her clothes.
To another question from Geethan,
Mahaletchumy said she had also helped to
bathe Sujatha’s body and also did not notice
any injury then.
The inquest continues today. – Bernama
Trio cleared of H1N1 infection
by Hemananthani Sivanandam
newsdesk@thesundaily.com
KUALA LUMPUR: Three people who were
admitted to the isolation ward because of sus-
pected H1N1 flu infection on Wednesday have
been cleared.
The three patients were declared free of
infection by the Institute of Medical Research
as their test results came back negative.
In a statement yesterday, the Health Minis-
try said the institute is still conducting medical
laboratory tests on the fourth patient who was
admitted to the isolation ward the same day.
Meanwhile, the ministry will continue
health screenings at all international entry
points.
As of Wednesday, 6,379 passengers and 43
flights have been screened at the KL Interna-
tional Airport.
Health Ministry director-general Tan Sri
Dr Ismail Merican said two thermal scanners
have been installed at the Penang International
Airport and another two at Kota Kinabalu
Airport.
The Crisis Preparedness and Response
Centre has received 34 calls from the public
inquiring about international travel, vaccina-
tion and treatments.
The ministry is urging the public to
postpone travel to countries with confirmed
H1N1 cases. Ismail advised those who develop
symptoms such as fever, cough, cold and sore
throat to seek medical attention.
» See also Page 8
briefs
Court throws out Hindraf
legal adviser’s appeal
KUALA LUMPUR: The sessions court has
dismissed the appeal by Hindraf legal adviser
P. Uthayakumar to be freed from his sedition
charge. Judge Sabariah Othman yesterday re-
tained the charge after ruling that the defence
had failed to show that the consent to prosecute
from the attorney-general was based on suspi-
cion or prejudice. She then fixed five days starting
Aug 3 for trial. On Dec 11, 2007, Uthayakumar,
46, pleaded not guilty in the sessions court here
to publishing on policewatchmalaysia.com a
letter from Hindraf addressed to British Prime
Minister Gordon Brown at 10 Downing Street,
which was said to have seditious contents. The
charge under section 4(1)(c) of the Sedition Act
1948 carries a maximum RM5,000 fine or three
years jail, or both, on conviction. – Bernama
Cops step up anti-Mat Rempit
ops with new bikes
SHAH ALAM: Selangor police will step up
enforcement and operations against the Mat
Rempit (illegal racers) and other road offenders
with the addition of 248 high-powered mo-
torcyles to the force. The activities of the Mat
Rempit are being monitored and the traffic
police and other units simultaneously set up
special squads three months ago to carry out
blitzes on them from midnight until morning,
state police chief Datuk Khalid Abu Bakar told
reporters after the handing over of the 1,300cc
and 750cc bikes to traffic squads throughout
Selangor. He said enforcement on snatch thefts
would also be stepped up with the deployment
of more policemen in commercial areas where
such crimes were rampant. – Bernama
Malaysia on the lookout
for leader of Tamil Tigers
KUALA LUMPUR: Authorities are on the look-
out for Liberation Tigers of Tamil Eelam (LTTE)
founder Velupillai Prabhakaran, who was
reported to have slipped either to this country
or India. Defence Minister Datuk Seri Dr Ahmad
Zahid Hamidi said Malaysia would deal with the
problem in the best interest of the diplomatic
relations with Sri Lanka. LTTE, more commonly
known as the Tamil Tigers, is a group fighting for
an independent homeland in Sri Lanka. Ahmad
Zahid said should Prabhakaran slip into Malay-
sia, the ministry would inform the Sri Lanka High
Commission in Malaysia about it. – Bernama
Assemblyman, wife and 8 PKR
members held in Kuching
KUCHING: Padungan assemblyman Dominique
Ng, his wife and eight Parti Keadilan Rakyat (PKR)
members were detained last night for holding an
illegal gathering at the waterfront here.
Dressed in all black, they were believed to
have assembled there to protest the arrest of
Bersih activisit Wong Chin Huiat under the Sedi-
tion Act on Tuesday and what happened at the
Perak State Assembly sitting yesterday.
Kuching police chief ACP Wong Wai Loong
told Bernama when contacted last night that
they were detained for refusing to heed police
advice to disperse. – Bernama