PETALING JAYA, 15 May 2009: The Court of Appeal hearing on Datuk Seri Mohammad Nizar Jamaluddin’s application to set aside the stay order granted to Datuk Seri Dr Zambry Abdul Kadir has been postponed to 21 May.
Nizar The court registrar had originally set 18 May to hear Nizar’s application, but a lawyer for the embattled Perak menteri besar (MB) from the Pakatan Rakyat said today that the hearing has been pushed back.
Nizar’s lawyer in Ipoh, Leong Cheok Keng, said the case would now be heard together with Zambry’s appeal against the High Court’s decision on 11 May declaring Nizar the rightful MB.
The court of appeal had set the date for Zambry’s appeal on 21 May and lawyers were informed of it today. Nizar’s lawyers were also only informed today that their client’s application would be heard on the same day.
Leong said the legal team plans to write to the court to state that Nizar’s application should be heard first, before Zambry’s appeal.
The decision to postpone the application to set aside the stay is a blow to Nizar, who had hoped for an early hearing.
In comparison, Zambry managed to get a quick Court of Appeal hearing for his application to stay the High Court decision. After being declared the rightful MB, Nizar found himself out in the cold less than 24 hours later after Zambry succeeded in getting the stay.
Nizar was appointed menteri besar on 17 March last year after the DAP-PKR-PAS alliance won 31 seats in the 12th general election.
He was ousted after Barisan Nasional (BN)’s Zambry was sworn in as Perak menteri besar on 6 Feb following the BN takeover of the state government. The takeover was caused by the desertion of three Pakatan Rakyat (PR) assemblypersons who opted to become BN-friendly independents, leading to PR losing its majority in the state assembly.
Nizar’s request to the sultan of Perak on 5 Feb to dissolve the state assembly to make way for snap polls was turned down. Other attempts since then to seek the sultan’s consent to dissolve the state assembly have also failed.
On 13 Feb, Nizar, 52, filed a judicial review and sought a declaration from the courts that he was at all material times the menteri besar of Perak. He also sought a declaration that Zambry had no right to hold the office of menteri besar.
On 11 May, High Court (Appellate and Special Powers Division) judge Datuk Abdul Aziz Abd Rahim ruled that there was no provision in the state constitution for the menteri besar to be fired or for the post to be vacant in the event that the menteri besar refused to resign.
But with the stay order on 12 May, Zambry reassumed the position of Perak menteri besar.
For a full picture of all the court cases related to the Perak constitutional crisis, go here. 
raguel says
Blatant injustice. Zambry gets his application heard within lightning speed of a few hours while Nizar’s case is postponed so that Zambry can do more monkey jobs, warm up seat longer?
Dunno who are members of the panel of three judges. Rakyat wants separation of powers, BN perpetuates fusion – all abang adik culture.
Dawun Mosberian says
Remember what Dr M said – that BN will lose in the Perak elections and suggested a vote of no confidence against Nizar?
You think Najib will disobey this ‘royal decree/opinion’?
Now read here what Najib said today, as featured in NST’s online news.
“PAKATAN Rakyat can keep on dreaming of a dissolution of the Perak state assembly. Prime Minister and Barisan Nasional chairman Datuk Seri Najib Razak said a dissolution was not the only way to end the political dispute there. He reminded the opposition that the ruling coalition has the majority to rule the state”.
And by co-incidence, Nizar’s appeal will be heard now on 21 May, not 18 May.
Do you see a plot hatching?
The illegal MB can call for an emergency Adun session before 21 May and pass a vote of no-confidence against Nizar.
On 21 May, the courts can say no need to hear the appeals by both Nizar and Zambry as it is a very academic situation by then as the legislative had already voted out Nizar.
Do you see that happening?
Now, do you feel that this thing about BN likely to call for elections is actually an intentional distraction/red herring?
The very unfortunate lie that BN is spreading now is that Anwar was the one who started attempting party hopping culture, citing Sept 16, 2008.
How come BN is not admitting that its desperate state chief Khir Toyo was the first one who had the cheek to ask PAS Aduns of Selangor to cross over with remunerations like the MB’s post and introduction of the syariah laws in the state? Khir Toyo admitted approaching PAS Aduns for this purpose.
To set the record straight, BN should have the ‘guts’ to say/admit that it started party hopping culture after 8 March 2008.
They were only successful in Perak, after getting two Aduns who were nabbed by the MACC for corruption charges, where one of them even admitted having sex with a sex worker.
Chau Soi Lek resigned. But this Perak Adun, admitted having sex with a sex worker and yet is remaining an Adun.
See, even in the BN there are different types of treatment.
An MCA guy had to quit. But a Perak Adun who supports Umno is still holding on to his position and the fiercely independent MACC is still looking for evidence to tighten its case against this fellow.
This is BN for you all folks.
They forget what they started, and will blame Anwar.
They will get MCA guy to resign but will allow the ex-PKR fellow to remain Adun even if he admitted openly about his sexual pursuits.
Malaysia Boleh or 1Malaysia?
Somebody is actually very happy as all this drama is taking away the attention from the foreign lady who disappeared in Malaysia, like the way her arrival records into this country vanished from computer records, despite the arrival premise being located in a Multi Media Super Corridor.
So, dear Malaysians, want some more distractions?
Wait for next week.
More exciting events will happen in Perak.
Ng says
All the odds are stacked against Nizar. Luckily, he has the support of the people. Don’t give up, Nizar. Keep fighting: millions of Malaysians are behind you.
mike says
Kangaroo court again – we have one set of laws for BN and another for the rest of Malaysia.
How come Zambry’s appeal was rushed in and he was given a stay order by a single appeals judge and now Nizar’s appeal is being postponed and to be heard on the same day as Zambry’s appeal? What is happening in Malaysia?
The illegal MB gets everything done so fast but the legal MB is pushed around. Is this PM’s way of being honest to the people.
Just a simple reminder from a simple citizen – we will speak again during PRU13. And our voice will be heard loud and clear by all.
Fikri Roslan says
Well Nizar, you should look forward positively for the future. You are also an MP for PAS. It would be much better for you to be a good Adun and a good MP, rather than just a mere puppet of the DAP-led government in Perak. You are playing to their DAP music. You prefer to hear all puji-pujian from DAP members and forget that being a PAS leader, you should work towards perpaduan ummah sesama Islam. You are drifted too far away. High time you come back to your roots.
Singam says
WikiAnswers says “The sound made by a kangaroo can best be described as a sort of gentle clucking, but not like a chicken – more of a soft tut-tut sound. When more aggressive, the noise increases to a louder grunting, and occasional hissing. ”
What a pity. If kangaroos made a distinct and easily recognizable sound, that would become a suitable heckling call.
true malaysian says
The judge (court of appeal) is not fit to be there, he is going against his practise. It’s all about conspiracy. Our dedicated lawyers should argue for this case, for Zamry is a bogus menteri besar.
KL Wong says
With BN everything is boleh, twist it round, square, or any shape they want but not justice to PR and Rakyat!
Doom for democracy in Malaysia!
hatimarah says
By all counts the case will be awarded to Zambry ‘teh tarik’, who tries to put himself equal to Gandhi and Mandela. Hahaha. So Judiciary is like, correct, correct, correct. We are now witnessing the actual outcome of the years of correct, correct, correct.
CONCERNED PERAKIAN says
It is foregone conclusion as to what is happening. We don’t need a crystal ball conclude the outcome.
Ritchie says
Interesting. A speedy hearing for Zambry that would beat any clandestine mat rempit race. But when it comes to Nizar, postponed to the 21st? Do you smell something stinky or is it just that its speedy justice for BN while the rest must take the last train from Menglembu?