Tuesday, February 09, 2010

Malaysia Federal Court Declares Zambry Rightful Chief Minister of Perak

PAS' Mohd Nizar Jamaluddin Loses Appeal

The Federal Court, the highest court in the country, has delivered a unanimous decision in declaring that Zambry Abd Kadir of BN is the rightful Perak menteri besar.

In doing so at 11am, it also dimissed the application by Pakatan Rakyat's Mohd Nizar Jamaluddin for a full bench of 11 judges or an enlarged panel.

With the judicial decisions, it seems to be the end of the road for Mohd Nizar's claim to the post. His lawyer Leong Cheok Keng said a review of the decision would not be sought.

Shouts are heard outside the courtroom, with the Pakatan Rakyat crowd shouting "Bubar DUN", "Zambry penakut", "tipu" and "rasuah".

Perak BN senior exco Hamidah Osman said: "I am grateful for the decision and hope everyone will accept it. This is a victory for the people of Perak."

President of the Court of Appeal, Justice Alauddin Mohd Sheriff, led a five-member bench in delivering the verdict.

The others were Chief Judge of Malaya Justice Arifin Zakaria and Justices Zulkefli Ahmad Makinuddin, Mohd Ghazali Mohd Yusoff and Abdull Hamid Embong of the Federal Court.

Justice Arifin who read the judgment ruled that it is not necessary for a vote of confidence to be done in the state assembly, and that the sultan can sack the MB. Zambry therefore commands support in the House with 31 seats

Nizar's lawyers were Philip Koh, Chan Kok Keong, Leong, Edmund Bon, Miohd Hanipa Maidin, Ranjit Singh, and Razlan Hadri Zulkifli.

Zambry's lawyers are Cecil Abraham and Sunil Abraham. Zambry himself was not present in court for the decision.

Background
BN was seen to have usurped power in Perak when three Pakatan Rakyat assemblypersons switched sides to become BN-friendly Independents in February last year, leading to Pakatan seeking legal recourse.

On May 11, Kuala Lumpur High Court judge Abdul Aziz Abdul Rahim had ruled that Nizar is the rightful menteri besar.

"He is, and was, at all material times the chief minister of Perak," Abdul Aziz told the court.

However, the appellate court's three-member bench unanimously overturned the decision in favour of Zambry, saying that the High Court judge had failed to properly and adequately appreciate the entire evidence before him.

"We hold the view that the granting or the withholding of the request for the dissolution of the state legislative assembly is royal prerogative,” ruled Justice Md Raus Sharif.

The Federal Court had, on Nov 5 last year, heard Nizar's appeal and submission for more then six hours but defer its decision

Source: malaysiakini.com

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