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Monday, March 9, 2015

All eyes on speaker whether he allows Anwar’s speech to be read out, says law expert

Dewan Rakyat Speaker Tan Sri Pandikar Amin Mulia could break new ground tomorrow if he allows Datuk Seri Anwar Ibrahim's speech to be read out in Parliament. – The Malaysian Insider file pic, March 9, 2015.Dewan Rakyat Speaker Tan Sri Pandikar Amin Mulia could break new ground tomorrow if he allows Datuk Seri Anwar Ibrahim's speech to be read out in Parliament. – The Malaysian Insider file pic, March 9, 2015.
Dewan Rakyat Speaker Tan Sri Pandikar Amin Mulia’s decision whether to allow Datuk Seri Anwar Ibrahim's speech to be read out in Parliament tomorrow will break new ground as the situation is unprecedented, says a constitutional law expert, following the Prisons Department's refusal to allow the jailed opposition leader to attend Parliament.
Dr Abdul Aziz Bari, a lecturer from Universiti Selangor (Unisel), said Malaysians and the international community alike would be eagerly waiting for Pandikar Amin’s decision.
He said tomorrow would "break new ground", especially in a country that practised parliamentary democracy.
Furthermore, he said, Anwar's stature had gone up since the Permatang Pauh MP was declared a prisoner of conscience by civil society.   
Aziz said this in response to PKR vice-president Nurul Izzah Anwar’s statement on Thursday that Anwar would be heard in Parliament. 
Her statement followed the Prison Department's refusal to allow the opposition leader to attend the month-long Parliament session that begins today.
Traditionally, the opposition leader is among the first to debate the Yang di-Pertuan Agong's speech the day after the Agong opens the Parliament session for the year.
Aziz said he did not see any good reason for the speaker to disallow any opposition MP from reading out the speech prepared by Anwar. 
Anwar is serving a five-year jail sentence in the Sungai Buloh prison after the Federal Court found him guilty of sodomy.
“I believe the speaker as head of the house wants to be careful and does not want to make a rash, illogical and unfair ruling. He has to protect the integrity of the legislature," said Aziz. 
He said there was nothing in the constitution and the standing orders to guide the speaker in making a ruling whether to allow Anwar's speech to be read out by another MP.
"But whatever his decision, it is final and cannot be challenged in a court, however, arbitrary, unjust and illogical," he added.
On February 24, Pandikar Amin announced that Anwar remained Permatang Pauh MP and opposition leader, pending a decision on his clemency petition to the Agong.
Anwar's wife, Datuk Seri Dr Wan Azizah Wan Ismail and daughter Nurul Izzah, presented the petition for a royal pardon to Istana Negara just before the 14-day deadline expired.
Nurul Izzah, who is also Lembah Pantai MP, said the petition for pardon was made on the basis that her father's conviction failed to adhere to the principles of justice.
On February 10, a five-man bench led by Chief Justice Tun Arifin Zakaria found Anwar guilty of having carnal intercourse with his former aide, Mohd Saiful Bukhari Azlan.
The apex court also upheld the five-year jail term imposed by the Court of Appeal.
Anwar committed the offence at a unit of the Desa Damansara condominium in Bukit Damansara on June 26, 2008.
- TMI

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