Tuesday, May 12, 2009

Perak crisis: Details on stay of execution

Published: Tuesday May 12, 2009 MYT 5:13:00 PM
Perak crisis: Details on stay of execution

PUTRAJAYA: The Court of Appeal on Tuesday granted a stay of execution on the High Court’s ruling that Datuk Seri Mohammad Nizar Jamaluddin is the rightful mentri besar of Perak.

With the stay order, status quo remains with Datuk Seri Dr Zambry Abd Kadir as the Perak Mentri Besar pending his appeal against the High Court’s ruling on Monday.

Justice Ramly Ali granted the stay at about 1.15pm following an application by Zambry at about 9.30am Tuesday. Zambry also filed an appeal at the Kuala Lumpur High Court registry at about 9am.

“The court notes that the circumstance of this case is very unique as it does not only involve the applicant and respondent but the entire state of Perak.

“Based on the practise of this court, which has the jurisdiction to grant the stay, the stay is granted,” he said, adding: “The court will fix an early date for the appeal hearing.”

Nizar’s lead counsel Sulaiman Abdullah then immediately requested for the court to apply terms to the stay of execution order, but his request was rejected.

On Monday, the High Court ruled that Nizar was the rightful mentri besar of Perak as his office had not been vacated when Zambry was appointed mentri besar.

This came following Nizar’s application on Feb 13 for a judicial review challenging Zambry’s appointment, seeking a declaration that he was the rightful mentri besar at all material times and an injunction to bar Zambry from carrying out his duties as MB.

Zambry’s lawyer Datuk Cecil Abraham submitted that Nizar had clearly indicated that he would seek an audience with the Sultan of Perak Sultan Azlan Shah to request for the dissolution of the state legislative assembly.

“If the state assembly is dissolved, then the appeal would be academic,” he said, adding that if the stay was not granted, the appeal would be rendered nugatory.

Sulaiman, however, argued that the stay order would allow the “person found by the High Court to be the usurper to continue his office”.

“What about us? If a stay is granted, Zambry could initiate a motion of no-confidence against Nizar and the court will say our case is academic as Nizar is no longer mentri besar.

“Whether or not there is a dissolution, that lies in the hands of a third party, as it depends on whether Tuanku grants it or not. But whether there is a motion of no-confidence or not, that is in their hands,” he submitted.

After the ruling, Nizar’s lawyer Ranjit Singh said an option was to appeal to a three-man bench of the Court of Appeal to set aside this court’s stay of execution order.


seals: I am sure the next plan is for BN to call to dissolve the DUN (get a good name) and control everything during the elections.

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