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Thursday, November 13, 2008

> Karpal to lodge police report

Dewan Rakyat Speaker Tan Sri Pandikar Amin Mulia rejected for the second time an urgent motion by Karpal Singh (DAP-Bukit Gelugor) to debate an alleged public admission by Chief Justice (CJ) Tan Sri Zaki Azmi that he had been involved in bribing court officials when he was a practising lawyer in 1987.

In a letter replying to Karpal's motion, Pandikar Amin said the motion moved under Article 18 of the Standing Orders was rejected as it violated the Article 36 (8) of the Order and Article 127 of the Federal Constitution because the conduct of judges are not allowed to be debated.

"However, the issue can still be discussed through a personal motion tabled under Article 36 (8) of the Standing Orders and if there is a substantive motion and a quarter of MPs agree to debate on it as stipulated under the Article 127 of the Federal Constitution," he said.

Karpal's motion was first rejected on Tuesday as there were more than one motion filed that day and under Standing Order 18 (5), the Speaker can only consider the motion that was filed earlier.

In a press conference in his office later, Pandikar Amin said: "It is impossible for me to divide 'sweetness from sugar and spiciness from pepper' because when a debate is approved what they (MPs) are going to talk about will not be just on the conduct of a person.

"So I will not approve under the Standing Orders (cited by Karpal)," he said.

Pandikar Amin said he was puzzled why the Opposition did not cite the right Standing Orders as Article 18 "is too restrictive to move an urgent motion".

Under Standing Orders 18 (1), an MP is allowed to request for the adjournment of the proceeding for an emergency motion to discuss a definitive matter of urgent public importance.

"They (the Opposition) know I will reject but I do not have any agenda for publicity because I only follow the Standing Orders."

"Why? ... they know that when the Speaker rejects a MP's motion, he or she will get publicity regardless of the outcome," he said.

To a question, Pandikar Amin said he was not worried about the public's impression on him that he will always reject the motions from the Opposition as he will still reject motions from the Backbenchers if they violate the Standing Orders.

On the perception that only Opposition MPs will be ordered to leave the House, Pandikar Amin said some MPs know their line and they do not cross the line when several warnings are issued by the Speaker.

On whether the Health Ministry's enforcement team would be allowed to act against smokers in Parliament as requested by Deputy Health Minister Datuk Dr Abdul Latiff Ahmad, he said since the laws were passed by the lawmakers and warning has been given by the ministry, action can be taken.

In a separate press conference, Karpal said he will lodge a police report today against Zaki.

"In view of the public admission made by the CJ, this matter cannot be allowed to rest or dismissed just like that. It has to be taken further as the CJ has been talking about the integrity of the judiciary …

"It is important now to determine whether Zaki is fit to occupy the position and there is no alternative left for us but to take the matter further by lodging a police report," he told reporters in Parliament lobby.

Earlier, Karpal said Zaki allegedly admitted to a New Straits Times reporter that he had bribed court staff when he was in private practice in 1987. The report was published last Friday.

The Sunday Times (Nov 9) then published a clarification that he was aware of corruption in the court registry in order to get things done. But he denied having resorted to the use of corruption.

"Although a clarification was published, Zaki was aware of the corrupt practices which he further confirmed," Karpal said, adding that the police report would be lodged at 3pm at the Tun H.S. Lee police station - theSun.