New judge to hear Nizar-Zambry battle

KUALA LUMPUR, 2 MARCH 2009: Datuk Seri Mohammad Nizar Jamaluddin’s judicial review application to challenge the legitimacy of Datuk Dr Zambry Abdul Kadir as Perak menteri besar will be heard before another High Court judge on 3 March.

The case is fixed before High Court (Special Powers and Appellate) Court judge Lau Bee Lan, six days after Judicial Commissioner Mohamad Ariff Md Yusof recused himself from hearing the suit.

One of Nizar’s lawyers, Leong Cheok Keng, when contacted, confirmed the matter.

On 25 Feb, Mohamad Ariff recused himself in the interest of justice, because prior to his appointment as judicial commissioner, he had represented PAS, Parti Keadilan Rakyat (PKR) and even the Barisan Nasional (BN) in several court cases, including election petitions.

In his application for a judicial review, Nizar is also seeking an interpretation of the Perak state constitution on whether the menteri besar’s post can be vacated in a situation whereby:

• the menteri besar had advised the ruler on the dissolution of the state legislative assembly;
• there is no dissolution of the assembly;
• there was no motion of confidence performed against him at the state legislative assembly; and
• there was no resignation made by him.

He said the writ is of quo warranto (by what warrant) for Zambry to explain under which authority the BN-designated menteri besar can be the legitimate menteri besar.

Nizar is also seeking a declaration that he is the legal menteri besar of Perak, and an injunction to stop Zambry from carrying out the duties and functions of menteri besar, in addition to punitive, aggravated and exemplary damages and costs. — Bernama