Swift appeal against court’s decision
Musa Aman leads 32 assemblymen to challenge High Court’s dismissal of their application
We disagreed with the judge in the use of the words ‘advise’ and ‘request’ – and we will be taking this up to the court of appeal because we did not view ‘request’ and ‘advise’ as the same thing.
Tengku Fuad Ahmad
KOTA KINABALU: Minutes a er the High Court here made its decision over the dissolution of the Sabah State Assembly, Tan Sri Musa Aman and 32 other state assemblymen filed an appeal.
Lawyer Tengku Fuad Ahmad said the appeal was filed five minutes a er the judgment was made.
Judicial Commissioner Leonard David Shim dismissed an application by 33 assemblymen for leave for a judicial review of the decision of the Yang Dipertua Negeri in dissolving the state legislative assembly on July 30.
Tengku Fuad said there were two good points in the court’s ruling today, namely that the judge had found that the assemblymen have locus standi to bring the judicial review case, and the judge appeared to make a finding that Chief Minister Datuk Seri Mohd Shafie Apdal had actually lost the majority and had two choices either to resign or dissolve the state assembly.
“Unfortunately we disagreed with the judge in the use of the words ‘advise’ and ‘request’ – and we will be taking this up to the court of appeal because we did not view ‘request’ and ‘advise’ as the same thing.
“I would like to inform you the notice of appeal had been filed by my office five minutes a er the judgment was made. This fight continues, we have not given up and my clients have not given up either,” he told reporters outside the High Court here. Meanwhile, Sabah A orneyGeneral Brenndon Keith Soh said there should not be any uncertainty whether the state election should continue or not following yesterday’s ruling.
“The court has dismissed the case against the respondents, no leave granted...the democratic process for state election is to continue and is now in place and the Election Commission has a duty to ensure the state polls is held within 60 days of the dissolution.
“At the end of the day, it’s not about the lawyer or any persons. This case today is about upholding the State Constitution, about the people of Sabah, a proof that democracy is alive in Sabah,” he said.
Soh stressed that the court has decided the dissolution is valid and lawful, thus the court decision should be respected by all the parties.