Ex-Appeal Court judge to assist in Musa’s case
Published on: Saturday, November 16, 2019
By: Jo Ann Mool
Kota Kinabalu: The High Court here on Friday allowed an application for ad hoc admission by peninsula-based lawyer Dato’ Anantham Kasinather (pic), a former Court of Appeal judge, to be senior counsel for former Chief Minister Tan Sri Musa Aman in his appeal at the Court of Appeal against the dismissal of his suit in challenging Datuk Seri Mohd Shafie Apdal's appointment as Sabah Chief Minister.Judge Ismail Brahim, who allowed the application, ruled that he was satisfied that it was a proper case for the court to exercise its discretion.ADVERTISEMENT
Counsel Tengku Fuad Tengku Ahmad moved Anantham’s application to admit him to practise in Sabah on an ad hoc basis to appear as senior counsel in Musa’s appeal.
The application had been filed on Oct 7 under Section 10(c) of the Advocates Ordinance (Sabah Cap 2) in Musa's appeal against Head of State (TYT) and Shafie. Fuad said he remains as lead counsel for Musa in the appeal scheduled to be heard here on Nov 28.
Fuad submitted that Anantham has expertise in litigation and has been a senior practitioner of the Malayan Bar for over 30 years before being elevated to the Bench.
Anantham’s period of service as High Court and Court of Appeal judge and has written almost 200 appellate judgements makes him uniquely qualified to analyse, articulate and argue the complex legal issues which will arise in the said appeal, said Fuad.ADVERTISEMENT
Fuad submitted, among others, that the case involved was undoubtedly complex in nature which fell within the ambit of constitutional and public laws and that it is a complex appeal and raises for the first time the question of what is the extent of the Head of State’s powers to appoint and dismiss a Chief Minister.
Constitutional law cases concerning the Governor’s power to appoint (or dismiss) an incumbent Chief Minister have yet to be argued in the appellate courts, submitted Fuad, adding that upon research, it can be said that on the substantive merits, resignation or removal of a Chief Minister have been determined in the High Court and have gone no further.
ADVERTISEMENT
“Therefore, it is in the interests both of justice and the development of Sabah constitutional jurisprudence that the said appeal be argued by senior counsel in order that the issue may be fully developed, articulated and ventilated. Anything less would be a disservice to the important issues raised in the said appeal,” said Fuad.
He also submitted that the said appeal will have a broad and substantial impact on all Sabahans.
The determination of the merits of the said appeal will affect the manner by which all future Chief Ministers are appointed (or dismissed) and will, once and for all, determine the extent (or limits) of the Governor’s discretionary powers under the Sabah Constitution, submitted Fuad.
Fuad also submitted that the Perak case is not applicable to the Sabah Constitution.
Meanwhile, counsel from the Sabah Attorney-General's Chambers (SAG) and counsel Mohamed Nazim Maduarin of the Sabah Law Society (SLS) raised objections to the application.
Both SAG and SLS submitted, among others, that there was no complexity involved in the case and that the law had been fully explained and the judgment had been fully made in cases of Datu Amir Kahar Tun Mustapha and also in Perak case of Dato' Sri Ir Mohammad Nizar Jamaluddin, whereby the court here had cited these two matters in respect of this application and that so, more or less arguments and issues of this have well been ventilated and already been settled at this court.
Both SAG and SLS were of the view that there was no issue of complexity matters of facts that need to be argued further and that furthermore this is with regards to State constitution, a State affair.Stay up-to-date by following Daily Express’s Telegram channel.
Daily Express Malaysia
They believed that when it is a State affair, local senior lawyers should be capable or should be referred to and should be guided and looked into especially representation in this case.
On Nov 7, 2018, the High Court here dismissed the suit brought by Musa against TYT and Shafie that Musa was the lawful Chief Minister.