The Chief strikes back, Pt VII

Messrs. Bon & Associates representing MB Selangor Tan Sri Khalid Ibrahim filed a complaint with the Registrar of Societies (ROS) for wrongful dismissal from PKR as a party, which would eventually see the party formed for the struggle of Anwar Ibrahim’s interests be deregistered.

Renown lawyer New Sin Yew of the legal firm representing Khalid told some mainstream media journos at a Hari Raya Open House in Kuala Lumpur earlier tonight.

Khalid felt that he was wronged in the decision of the sacking made by the PKR Leadership Council and breached its own party constitution. The process of the sacking via improper inception of the Disciplinary Board had breached the party constitution, which was felt flawed and illegal.

Hence, the illegal breach of the party’s own constitution should brought upon the implication of the political organisation of being deregistered by the ROS.

“Khalid is firm and consistent right from Day One about his sacking from PKR is against the principle of natural process of justice and it was flawed and unlawful”, said New based on the principle of Nullum crimen sine lege.

Many PKR supporters attacked pro-Opposition lawyer Bon for defying party interests and provided Khalid legal representation, in the political impasse which was created by Opposition Leader Anwar Ibrahim to ascend as MB Selangor, as a staging platform for his morbid desire to conquer Putrajaya.

When the Court of Appeal in January 2014 decided against the Kuala Lumpur High Court of acquitting him from Sodomy II in January two years ago, he created the ‘Kajang Move’ and pitted his wife and PKR President Wan Azizah Wan Ismail instead for the top job in the most wealthiest and populous state.

However, the argument was rebutted by many legal professionals.

The Star story:

Published: Friday August 15, 2014 MYT 1:17:00 PM
Updated: Friday August 15, 2014 MYT 7:13:14 PM

Selangor MB crisis: ‘Bon has done no wrong in defending Khalid’

BY TAN YI LIANG
PETALING JAYA: Lawyers have come out on blogs and social media to defend Edmund Bon representing embattled Selangor Mentri Besar Tan Sri Khalid Ibrahim in his defamation suit against The Malaysian Insider.

According to them, Bon has not done anything wrong by acting for Khalid.

According to a post by lawyer Khabir Dhillon on the legal affairs blog LoyarBurok on Thursday, those who said that Bon sold out his principles by taking up Khalid’s defamation brief against online portal The Malaysian Insider were “silly”.

“An essential ingredient of defamation is that the statement complained of must be false. If the statement complained of is true, there is no defamation. Edmund as a lawyer does not know whether the statement complained of is true or false. Only his client, Khalid, knows,” said Khabir.

Khabir, in his post, added that Bon would only be guilty of a crime or disciplinary wrong if he issued a letter of demand against The Malaysian Insider if he knew the instructions he was receiving from his client, Khalid, were false.

He said that Bon was legally obliged to take the brief if there was no conflict of interest, practices in the area of defamation law, and that Khalid agrees to pay a reasonable price for Bon’s work.

“We cannot expect Bon to simply dismiss his client’s instructions as false and refuse to take the brief. That would actually be a disciplinary wrong and Bon would be subject to censure,” said Khabir.

He questioned what would have happened if lawyers were allowed to take and refuse cases at their own whims and fancies, reminding them of the cab-rank rule.

“It would be like living in a country where the taxi drivers can choose whether to take their customers or not! That’s so third-world-nation, dudes. He’s just following the Common Law as it truly is and acting with common sense,” said Khabir.

Similar views were shared by criminal defence lawyer Amer Hamzah Arshad who said in a post on his Facebook page, Thursday, that he felt it was improper for anyone to question Khalid’s lawyers on their motives for defending the Selangor Mentri Besar.

“We must understand that a lawyer has a duty to represent anyone, even the most despicable person, provided there is no conflict of interest. It is the lawyer’s role to present the client’s perspective zealously within the bounds of law and ethics,” said Amer.

He described a lawyer as being akin to a surgeon in an operating room whose only goal is to save the patient, whether that patient is a good person or a bad person, a saint or a criminal, requiring a lawyer to subordinate all other interests – ideological, career, personal – to the legitimate interest of the client.

“In respect of the the Selangor Mentri Besar crisis, Khalid is entitled to file any legal action against any individual, institution and/or organisation whom he feels had infringed on his rights. Of course, one may question his motives or moves for doing so. One may even disagree with him,” said Amer.

****************

Bon first came into the light when PKR Disciplinary Board Chairman Dato’ Dr Tan Kee Kwong issued Khalid a showcase letter and the latter responded. Then PKR Central Leadership met on 9 August 2014 and unanimously sacked Khalid from PKR.

As a response, Khalid send a letter via Bon’s firm to protest against the sacking and complained the action to be unjust and unlawful.

If PKR Leacership Council erred in the sacking of Khalid as a member, then this complaint by the PKR’s star choice to lead the Selangor State Government after the unholy-marriage-of-(in)convenience-between-backstabbing-strange-bedfellows gained control in five state governments after the 12GE would open the party to be investigated.

 

Published in: on August 15, 2014 at 23:30  Comments (10)  

The URI to TrackBack this entry is: https://bigdogdotcom.wordpress.com/2014/08/15/the-chief-strikes-back-pt-vii/trackback/

RSS feed for comments on this post.

10 CommentsLeave a comment

  1. Frankly. I don’t like Edmund Bon for his interpretation of the Constitution when he spoke for the Bar Council, etc. Also on human rights, often not considering the rights of others, particularly the vast majority of the public. And I have the right to dislike him. I also have no love lost for Khalid. But for the sake of getting Pakatan Rakyat out of Selangor, I’m now supporting Khalid. And Bon.

    I’m not a politician but I’m taking political stands on such issues. And whoever says that politicians are consistent? Or honest, straight forward, not highly exploitative of any situation that presents itself before them. Only perhaps the British Enoch Powell, who spoke for his constituents against foreign immigration into Britain, knowing that would affect, and did, forfeit his chances of becoming Prime Minister. And Nelson Mandela, of a more recent time.

    But whatever complaint Khalid and Bon made to the Registrar of Societies, it’ll not lead to a de-registration of PKR. It never did the DAP. Despite their CEC Election in 2012 was not recognized by RoS. So was the Re-Election in 2013. Resulting in the DAP having an anak haram CEC since 2012 until now. And UMNO about the only political party that was de-registered. Strange, innit? When the Government has been UMNO-led all this while.

    But making a complaint to RoS does make news, and more and more voters get to know the kind of party PKR is. Like DAP, PKR has not been abiding by the rules and regulations of their own parties, going against the Memorandum of Association that they pledged to uphold at all times. And with the ruckus of Anwarul Al Juburi politics that have been going on in Selangor the last several months since before the Pakatan majority-reducing Kajang PRK, I hope the majority of the voters will abandon Pakatan Rakyat in any snap or general elections in time to come.,

    • What are these people talking about?

      “PETALING JAYA: The objections raised by Lawyers for Liberty (LFL) against Edmund Bon for legally representing Selangor Mentri Besar Tan Sri Khalid Ibrahim are due to his stance as a human rights and media freedom advocate, and not about his rights as a professional lawyer.

      “What was questioned was his role as a human rights advocate, and if this suit against The Malaysian Insider contradicted his long-time campaign of freeing the media from an un-free, politically-oppressive climate,” LFL legal coordinator Michelle Yesudas said in an e-mail to The Star Online on Friday night.”

      Liberty, human rights, media freedom advocate, professional lawyer rights, un-free, politically oppressive climate and what not.

      Can I be free from these lawyers who fight one another on freedom this, liberty that, demand media freedom but not talking about the laws that have been in place to protect the individual citizen’s right?

      Aiyyo.

      • Here is another one –

        Selangor MB crisis: Bersih slams Khalid’s lawyers for ‘violation of human rights’
        The Star Online – ‎7 minutes ago‎

        Bersih leader now Marina Chin is also a lawyer. What ‘violation of human rights’ is she talkng about? She says “the ROS and its processes are fundamentally against the freedoms of expression and association” and allege that Bon should know better. She sounds crazy.

        Bersih is supposed to be The Coalition for Clean and Fair Elections. Shouldn’t she be the one who should know better?

      • I like the sound of this news heading –

        HYPOCRITES! Bersih slams Edmund Bon, New Sin Yew for filing ROS …
        Malaysia Chronicle – ‎12 minutes ago‎

        At first glance, I thought it was

        HYPOCRITES Bersih! slams Edmund Bon, New Sin Yew for filing ROS …
        Malaysia Chronicle – ‎12 minutes ago‎

        Malaysia Chronicle working overtime these days due to the jammed Kajang Move.

  2. More must be said of the intention behind the complaint to RoS by Khalid via Bon. By the way, is that a Chinese name? Never heard of that before.

    The intention must also be to create as much headache and sympathy-shattering, if not more, to PKR leaders as they did to Khalid. Azizah and the 30 statutory declarations, which as of now, have not been verified as true and valid. Khalid saying that majority support needs to be proven at a sitting of the Dewan Undangan Negeri, widely expected to be at the Budget session in November. Now Khalid said the Sultan has advised not to do or say anything until after he returns on Aug 27.

    What PAS will decide at their Central Executive Committee meeting to-morrow Aug 17 would certainly have a bearing. Though PAS Secretary General Mustafa has called a press conference to say that PAS does not want Azizah to be MB. Whatever reasons or no reasons he gave.

    In the event that PAS decides to support Azizah to-morrow – which is unlikely considering the Sec Gen press conf stated above – Khalid will have no choice but to advise the Sultan to dissolve the State Assembly and snap elections will be held within 60 days after that. If not, perhaps at the November DUN sitting. And the Sultan is not legally obliged to do what Sultan Perak did in respect of PAS Muhammad Nizar in 2008 – anyone knows if the Selangor Constitution says determining DUN majority can be done outside the DUN?

    Whatever it is, more voters should have seen how arrogant, autocratic, despotic, nepotismic and don’t-care-what-must-have-wife-Azizah-be-MB Anwar Al Juburi is by now. So far, in general and by-elections the voters get influenced by the hate, lies and anti-UMNO/BN propaganda spewed by PKR and DAP. Now they see and experience for themselves
    the no-water suffering in Selangor yet Anwar and Pakatan have not bothered about it and want to sabotage the Langat II Federal water project to bring water from Pahang to Selangor.

  3. If anwar, everything is legal in the eye of his follower even to delay his case 60 tines for whatever reason which his loyer know well its just to buy time.

    • His loyar and him tried to get the rakyat sympathetic to him seeing him so-called harassed to Court month in, month out, by way of using whatever excuses they could to delay.

      The fella Anwar was so scared of losing Sodomy II, even started his “roadshow” in Seremban to gain the rakyat’s sympathy and was surprised that he won. But the Appeal just before the PRK Kajang frustrated his so-called Kajang Move that was designed for him to become MB, then became adamant that his wife be made MB, and now Edmund Bon helps Anwar to fight him and wife.

  4. I think whatever happens to the Chief in the ongoing tussle for the MB post, Anwar Al Juburi will be given an increased sentence by the Federal Court. That will put paid to his ambition of becoming PM and Azizah getting the MB post would not help much.

    Remember, it’s Al Juburi’s repeat offence. Note that while the Sodomy I appeal was allowed by the Federal Court, the Judges had it recorded in their Judgment that he did sodomize in the case concerned. Then Sodomy II, now before the Federal Court again, hearing coming soon.

    Yes, let the Chief fight to whatever extent he can. But let’s also hope and pray Anwar Al Juburi’s prison sentence be increased to 10 years at least. It’s a repeat offence.

  5. pertikaian politik lebih sesuai diselesaikan secara politik. melibatkan ros tidak memberikan banyak kesan. selain lambat, tindakan begini hanya menunjukkan ahli politik terbabit lemah dalam kedudukan politik.

    Selangor sedang terjerumus ke dalam krisis politik. belum nampak jalan penyelesaian sehingga hari ini. kemungkinan dun dibubarkan dan pilihanraya negeri diadakan tidak dapat dinafikan.

    pkr yang mencetuskan krisis. dalam tangan pkr jugalah kunci untuk menyelesaikannya. jika beberapa orang adun pkr mengambil langkah berani, krisis ini boleh dinokhtahkan dengan cepat. daripada seramai 11 adun pkr (wan azizah dan azmin dikecualikan), hanya 3 orang yang berani dan bertanggung jawab perlu mengisytiharkan diri keluar parti dan menyokong tski sebagai menteri besar.

    yang diharapkan lebih bersemangat untuk mempertahankan negeri supaya kekal ditadbir oleh anak jati Selangor sudah tentulah dari kalangan adun beragama Islam yang juga anak jari Selangor. adun Islam pkr yang berjumlah 8 orang yang mempertimbangkan kepentingan rakyat dan negeri mendahului parti perlu mengambil langkah yang wajar dalam krisis ini.

    jika bekas exco pun ditolak, hanya tinggal 6 orang adun pkr beagama Islam yang boleh diharapkan untuk muncul sebagai penyelamat.

    N11 IJOK
    PKR: Idris Ahmad

    N16 BATU CAVES
    PKR: Amirudin Shari

    N32 SERI SETIA
    PKR: Nik Nazmi Nik Ahmad

    N33 TAMAN MEDAN
    PKR: Haniza Mohamed Talha

    N40 KOTA ANGGERIK
    PKR: Yaakob Sapari

    N50 SRI MUDA
    PKR: Mat Shuhaimi Shafiei

    tumpuan seharusnya diberikan kepada mereka berenam. mereka mempunyai kapasiti untuk menokhtakan krisis. siapa yang lebih bersemangat mempertahankan negeri akan menyelamatkan negerinya lebih daripada partinya. itulah patriot sebenar. yaakob sapari, mat shuhaimi shafiei dan haniza mohamed talha mungkin patriot yang boleh diharapkan.

    • Terima kasih banyak bagi maklumat dan pendapat Sdr itu, berasiam. Amat berguna. Terutama bagi mereka, saperti saya, yang tak kenal dan takda maklumat menilai siapa antara mereka yang watak nya boleh di harapkan bagi menyelesaikan krisis sekarang itu.

      Saya yakin ramai sudah, dan akan terus, cuba memujuk mereka yang berkenaan. Ha nya kita perlu berdo’a ke hadrat Allah SWT bagi menggerakkan mereka berbuat demikian.

      Namun demikian, siapa sahaja yang ada hubungan dengan mereka dan dapat masa dengan mereka bagi mengeluarkan sepatah dua menggalakkan mereka berbuat demikian perlu mengambil tindakan itu.

      Aiyoh. Di persilakan.


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: