Politicians misusing SDs to show support, says lawyer

 

The use of statutory declarations by MPs to express or withdraw political support is superfluous and an act of sensationalism, says a lawyer. (Bernama pic)

PETALING JAYA: Politicians are misusing statutory declarations (SDs) to express or withdraw support for Prime Minister Muhyiddin Yassin or any potential MP who aspires to hold the position, a lawyer said.

Americk Sidhu said SDs were used to establish certain facts to remain in perpetuity.

“The use of SDs to express or withdraw political support is superfluous and an act of sensationalism. It is pointless,” he told FMT.

The lawyer said this in response to a statement by Umno president Ahmad Zahid Hamidi on Tuesday that there were sufficient SDs from Umno MPs declaring withdrawal of support for Muhyiddin as the prime minister to render him without a majority.

Americk Sidhu.

Zahid said he had also presented the SDs to the Yang di-Pertuan Agong.

However, Muhyiddin announced on Wednesday that he was not resigning from his post as he still enjoyed sufficient support and his government would table a motion of confidence in the Dewan Rakyat in September.

Zahid disputed Muhyiddin’s statement, saying he had presented to the King more SD declarations from Umno MPs retracting their support for the government.

Americk said MPs needed only to write a signed letter to inform the relevant authority whether they backed the prime minister or were retracting their support for him.

“That only expresses their change of mind while SDs are used to put on paper that a fact or facts stated is true and sworn on oath. It is done before a commissioner for oaths who will witness the deponent signing it before him,” he said.

Americk is the lawyer who had helped prepare the first SD of the late P Balasubramaniam, better known as PI Bala, who implicated a senior politician in the murder of Mongolian Altantuya Shaariibuu.

He said a SD could be set aside if the maker claimed it was made under duress. It could be tendered in court and could be admitted as evidence if parties had no objection.

“If it is disputed, then it is for the judge to determine how much weight ought to be given to the facts established,” he said.

A Srimurugan.

Lawyer A Srimurugan, however, said SDs could be used to express or withdraw support for Muhyiddin or anyone aspiring to lead the government.

“I don’t see anything improper about using SDs to represent to the King who an MP supports or otherwise,” he said.

Srimurugan said an MP who supports a prime minister may subsequently revoke it due to change of circumstances and he or she would still have not flouted the law.

According to Black’s Law dictionary, he said, a declaration was a formal statement, proclamation or announcement embodied in a document authorised by law.

“A sworn statement, therefore, could be made under the Statutory Declaration Act 1960,” he said.

Srimurugan said it would only become an offence if a person made two contradictory statements or made a statement knowing it to be false.

“It is an offence under the Penal Code for making false statements using SDs,” he said.

Those found guilty may be punished for up to three years or fined as stated under Section 193 of the Penal Code. - FMT