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Categories
| Update Nizar gets leave to appeal at Federal Court |
| Politics & Government 2009 | |||
| Written by Chua Sue-Ann | |||
| Thursday, 09 July 2009 12:43 | |||
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Nizar was appealing the Court of Appeal's May 22 decision which declared Datuk Seri Dr Zambry Abdul Kadir as the rightful Perak menteri besar. A three-member panel, led by Court of Appeal President Tan Sri Alauddin Mohd Sheriff, unanimously allowed leave after receiving no objections from Zambry's lead counsel Datuk Cecil Abraham and Attorney General (AG) Tan Sri Abdul Gani Patail, who is intervening in the matter. The Federal Court also consented to the three questions framed by the parties, which was read out in court by Nizar's lead counsel Datuk Ambiga Sreenevasan. The first question sought an interpretation of Perak Constitution's Article 16(6) in relation to the menteri besar's office given the circumstances of the state's political crisis where the menteri besar had not resigned and there was no vote of no confidence taken against him in the state legislative assembly. Next, the apex court was asked to determine whether a vote of no confidence must be taken in the assembly to determine confidence in the menteri besar. Thirdly, a decision was sought on whether a menteri besar may be dismissed or have his office "deemed vacant or vacated" should he refuse to tender the resignation of the executive council (exco). Ambiga, the former Malaysian Bar Council president, lead Nizar's 10-member legal team today as Nizar's lead counsel Sulaiman Abdullah was on medical leave. Meanwhile, when rejecting Nizar's application to stay the Court of Appeal's decision, Alauddin said the court would hear Nizar's appeal "as early as possible" but had not fixed a date for the appeal proper. The other two judges who presided over the leave application today were Chief Judge of Malaya Tan Sri Arifin Zakaria and Federal Court Judge Datuk Zulkifli Ahmad Makinudin. In arguing for the stay, Ambiga said the application was to prevent Zambry from reversing many Pakatan Rakyat (PR) exco's policies, including those related to welfare, the appointment of village chiefs and land issues. She also said the stay was sought to "prevent prejudice to the claims of the applicant (Nizar)". Expressing his objection, Abraham said the status quo, that Zambry was the "duly appointed Perak menteri besar", had to be preserved. He also said the court had no jurisdiction to grant the stay as it would be perceived as interfering with the executive function. "These policies might be right or wrong but it is a matter for the politicians," Abraham said. Ambiga pointed out that Zambry had obtained a stay of the High Court's May 11 ruling that Nizar was the rightful Perak menteri besar, which she said "would have the same effect" as Nizar's stay application. "It does not lie in their mouths to say we cannot make a similar application," Ambiga said. Abraham then replied the difference was that Zambry obtained a stay of the High Court's declarations whereas Nizar sought a stay of the Court of Appeal's decision.
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