Dr Ting’s lawyer puzzled why Soon Koh, DUN and EC named as respondents in Notice Of Appeal

KUCHING: Wong King Wei, a lawyer in Pujut assemblyman Dr Ting Tiong Choon’s legal team, has confirmed receiving the Notice of Appeal from State Legislative Assembly Speaker Datuk Amar Mohd Asfia Awang Nassar yesterday.

However, King Wei said he found the Notice of Appeal looking ‘very strange’ because besides Dr Ting, the appellant (Asfia) had also named International Trade and E- Commerce Minister Dato Sri Wong Soon Koh, Sarawak State Legislative Assembly ( DUN) and the Election Commission ( EC) as the respondents.

“It looks very strange in the sense that Asfia brought the appeal not only against Dr Ting, but also Dato Sri Wong Soon Koh, the EC and DUN. As a speaker, you brought an appeal against the Dewan ( DUN), so what is the implication? I’m not sure.

“I would say that it is very strange in legal practice for a Speaker to bring an appeal against his fellow defendants in the High Court,” he told The Borneo Post yesterday when asked on whether he had received the Notice of Appeal filed by Asfia.

Asfia filed an appeal on Monday against the Kuching High Court’s decision to reinstate Dr Ting as Pujut assemblyman.

King Wei said it was even more strange in a political sense for a Speaker to bring an appeal against the DUN, in which the Speaker himself is the highest authority.

“Of course, there is no grounds of appeal yet at the moment because the appellant is normally given time to file memorandum of appeal which consists of the ground of the appeal. At the moment, we can only comment on the face of the notice of appeal alone.”

Asfia is challenging the Kuching High Court’s decision to reinstate Dr Ting as Pujut assemblyman in the Court of Appeal. The DUN and Soon Koh are also expected to file their appeal soon.

On June 17, High Court Judge Datuk Douglas Christo Primus Sikayun ruled in favour of Dr Ting, thus reinstating him as Pujut assemblyman.

In making his ruling, the judge said the DUN was not a competent forum to disqualify any of its members and that only the Election Court could decide on the membership status of any assemblyman as provided for under Article 118 of the Federal Constitution.

Douglas also found that Asfia had failed to apply the rule of natural justice when dismissing Dr Ting during the May 12 DUN sitting, apart from failing to provide him ample time to prepare his defence before a motion to disqualify him was tabled.

The High Court also said that Asfia had failed to take into account the interest of the 8,899 voters who voted for Dr Ting during the state election last year.

Soon Koh tabled the Ministerial Motion to disqualify Dr Ting for allegedly acquiring Australian citizenship in 2010.

The EC previously announced a by- election for Pujut on July 4, but cancelled it following the Court’s decision last Saturday.