Kit Siang: Speaker’s sub judice ruling undermines fundamental rights, must be challenged

DEWAN Rakyat Speaker Datuk Azhar Azizan Harun’s sub judice ruling disallowing a debate on the seizure of Petronas assets must be challenged as it undermines four fundamental rights, said DAP lawmaker Lim Kit Siang. 

The fundamental rights that the Iskandar Puteri MP were referring to are the freedom of expression, Sabah’s sovereignty, Parliament’s role as the highest political chamber in the land and the integrity of public officials, specifically as the speaker is the brother of Attorney-General (AG) Tan Sri Idrus Harun, which Lim said is a “clear case of conflict-of-interest”. 

Lim was responding to Azhar rejecting a motion to debate the seizure of Petroliam Nasional Bhd (Petronas) assets by the purported heirs of the Sulu sultanate in Dewan Rakyat yesterday (July 18). 

In blocking the debate, Azhar cited sub judice rules which prevent the Lower House from debating matters in court. 

Referring to the sub judice rule, Lim said that Parliament must not revert to the time during the 13th Parliament session where such a rule was abused to block any parliamentary examination and questioning of the 1MDB financial scandal. 

“The Speaker should review the ruling, or allow Kota Belud MP Isnaraissah Munirah Majilis to submit a motion under the Standing Orders to review the Speaker’s decision on the matter,” he said in a statement. 

“Both the Speaker and Minister in the Prime Minister’s Department in charge of Parliament and Law Datuk Seri Dr Wan Junaidi Tuanku Jaafar must give assurance that time will be allocated in Parliament to review the Speaker’s ruling.” 

Isnaraissah was one of the two MPs who submitted the motion to discuss the matter. Another one was Pulai MP Datuk Seri Salahuddin Ayub. 

Isnaraissah, who is Parti Warisan Sabah MP, maintained that the motion should be debated as it was a matter of the country’s sovereignty. She was later handed a two-day suspension from the august house. 

Last week, London-based Financial Times reported that the purported heirs of the Sulu sultanate, who are claiming US$14.92 bil (RM62.59 bil) from Malaysia, seized two Luxembourg-incorporated subsidiaries of Petronas. 

Lawyers of the claimants seized Petronas Azerbaijan (Shah Deniz) and Petronas South Caucasus, reportedly worth US$2 bil. 

The lawyers said bailiffs in Luxembourg seized the holding companies on behalf of their clients. 

The purported descendants of the last Sulu sultan, Sultan Jamalul Kiram II, are claiming the astronomical sum from Malaysia following an arbitration process. 

The arbitration process was initiated in response to Malaysia cutting off annual lease payments of RM5,300 to the Sulu sultanate in 2013 in the wake of a bloody incursion in Lahad Datu in eastern Sabah by a militant group from the Philippines claiming to represent the Sulu sultanate. 

Malaysia did not participate in the arbitration process in France, arguing that the dispute between Malaysia and the claimants was not a commercial contract and thus not subject to arbitration. – July 19, 2022  

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