KUALA LUMPUR (Jan 27): Hindraf chairman P Waytha Moorthy is seeking to be his own legal counsel in his bid to challenge Prime Minister Datuk Seri Anwar Ibrahim’s election as the Tambun member of Parliament and his subsequent appointment as the prime minister.
In a case management on Tuesday before High Court judge Alice Loke Yee Ching, Waytha’s lawyer, S Karthigesan from Karthig Shan Advocates & Solicitors, told the court that his client is seeking to be a co-counsel in the case.
Loke had told Karthigesan that “ideally, only one person should be addressing the court”.
However, Karthigesan argued that there are some points during the hearing proper that Waytha would like to argue and that he had made an application before the court on Jan 22 for Waytha to be a co-counsel.
Federal counsel Sallehuddin Ali, appearing for the Attorney General's Chambers (AGC), said that there should not be any problem with the application, but he needs to seek instructions from the AGC.
“We are seeking instructions, but as it stands, as a client you are entitled to represent yourself as a co-counsel,” Sallehuddin said.
“I don’t think there should be any issue.”
The judge replied: “I think so, too. There shouldn’t be any issue (with the application).”
In a press conference outside court after the case management, when asked why he wanted to be a co-counsel, Waytha told the media that he is a “trained lawyer”.
“I am a trained lawyer for a long time, and I think I am a fit and proper person to address the court,” Waytha said.
Karthigesan elaborated: “My client has been a lawyer, and a senator. I think he can address the court,” he said.
Waytha filed this case in August last year, claiming that Anwar was unconstitutionally elected as the MP for Tambun following the 15th general election (November 2022) and subsequently appointed as the prime minister.
His claim rests on Article 48 of the Federal Constitution. Anwar was convicted and jailed for more than one year before receiving a royal pardon in 2018 — which, according to Waytha, did not expressly say it restored his eligibility to run for Parliament.
Waytha argued that because the pardon did not specifically state that the five-year disqualification period under Article 48(1)(e) was removed, Anwar was still barred from contesting elections until May 2023 — and hence, wrongly contested and won Tambun in 2022.
Waytha is seeking a court declaration that Anwar’s election as the Tambun MP was unconstitutional, null, and void; a declaration that Anwar’s appointment as the prime minister was similarly unlawful; and a court order forcing Anwar to cease acting as an MP and the prime minister.
Tuesday was meant to be the hearing of Anwar’s strike-out application, which seeks to dismiss the entire case without a full hearing.
However, Loke postponed the hearing after lawyer Ranjit Singh from Messrs Ranjit Singh & Yeoh, who represents Anwar, was unable to attend due to health issues.
The matter was informed to the court by lawyers Daniel Albert and Nicholas Yap from the law firm Daniel & Wong, who are also representing Anwar, who apologised for Ranjit’s absence.
The judge then set Feb 25 to hear the strike-out application.