Mahathir acted wrongly when dismissing Anwar

From: Tanki <5191...@gmail.com>
Date: Mon, 7 Dec 2009 21:30:02 -0800 (PST)
Local: Tues, Dec 8 2009 1:30 pm
Subject: Mahathir acted wrongly when dismissing Anwar, court told
Mahathir acted wrongly, court told
By M. MAGESWARI

KUALA LUMPUR: Tun Dr Mahathir Mohamad acted unconstitutionally when he
dismissed Datuk Seri Anwar Ibrahim from his Cabinet posts and then
informed the King of the dismissal, the Federal Court heard.

Anwar’s lead counsel Karpal Singh submitted that the former premier’s
action had contravened the provisions of Article 43 (5) of the Federal
Constitution, which provides that the appointment of any minister may
be revoked by the King on the advice of the Prime Minister.

Karpal said there was misdirection in law which should be corrected by
the court.

“This is a very serious matter. It deprived Anwar of his rights of
being Deputy Prime Minister and Finance Minister. It is an abuse of
power.

“If the Prime Minister did not give advice to the King, he is acting
unconstitutionally. It is as simple as that,” he said.

Furthermore, Karpal said Dr Mahathir had confirmed to the Dewan Rakyat
sitting on Oct 23, 1998 that he had conveyed his decision to sack
Anwar from his Cabinet posts to the King.

“This is so obvious for your lordships to allow this appeal without
any hesitation. There must be a judicial honesty in the courts in this
country,” he said.

The apex court had on June 16 last year granted leave for Anwar to
challenge his sacking as DPM and Finance Minister on Sept 2, 1998.

Anwar is asking for a declaration that the Prime Minister had acted in
contravention of the provisions of Article 43(5) when purporting to
dismiss him as Minister from the Cabinet.

Anwar, who filed an originating summons on Nov 13, 1998, is asking for
a declaration that his dismissal as minister in the Malaysian Cabinet
is null and void, inconsequential and of no effect.

The Court of Appeal had on April 25, 2007 held that the sacking of
Anwar from his Cabinet posts in 1998 by Dr Mahathir was lawful.

The High Court had on Dec 23, 1998 struck out Anwar’s civil action for
an order that his dismissal from the Cabinet was unlawful.

Court of Appeal president Justice Alauddin Mohd Sheriff, who sat
together with Federal Court judges Justice Ghazali Mohd Yusof and
Justice Abdull Hamid Embong, said the court would deliver its ruling
on a date to be fixed.