Zambry gets stay order, state in limbo
Hafiz Yatim May 12, 09 11:58am
The Court of Appeal has granted a stay of execution on yesterday's High Court decision which recognised Mohammad Nizar Jamaluddin as the rightful Perak menteri besar.
This will put on hold the decision of the High Court pending an appeal by Perak BN Menteri Besar Zambry Abd Kadir.
This means that rival MB, Mohammad Nizar Jamaluddin, cannot seek the sultan's consent to dissolve the state assembly until the appeal has been heard.
Today's decision puts a crimp in Nizar's bid to return as the lawful MB. He had been in office for less than 24 hours since the High Court decision.
Ramly was elevated as a Court of Appeal judge just last month. Previously, he was a judge in the High Court's commercial division.
In granting the appeal. Ramly noted the special circumstances of the application, as this does not only involve the applicant (Zambry) or the respondent (Nizar) but the whole of Perak.
“The court will allow for a stay of the declaratory orders until the appeal proper has been disposed by the Court of Appeal,” he ruled.
No conditions imposed on Zambry
Nizar's counsel Sulaiman Abdullah asked whether any conditions would be imposed on Zambry, but Ramly replied the court would not do so.
Sulaiman then asked Ramly to note his strong objections to the decision.
Zambry's lawyers argued that the stay is important to stop Nizar from seeking the approval of the Perak sultan to dissolve the state assembly.
Nizar had, this morning, sought an audience with the Regent Raja Nazrin Shah to seek dissolution.
Zambry's lead counsel Cecil Abraham noted that, if the dissolution were granted, the appeal would be rendered academic.
He also cited various media reports today that Nizar is seeking dissolution.
Cecil therefore pointed out the need for the appellate court to intervene and grant a stay.
Attorney-General Abdul Gani Patail, who was in court today, supported the application.
He also argued that the suspension of the state secretary and state legal adviser by Nizar late last night was illegal as these are federal appointments.
Decision made at 1pm
Sulaiman urged the court to fix an early date for the appeal hearing.
However, he also said the court should allow the High Court judgment to remain, as the decision to dissolve the assembly is not with Nizar but with the sultan.
“Why make the application when (the decision) is at the hands of a third party, namely the sultan?” he asked.
Sulaiman said the High Court had found that Zambry was an usurper menteri besar who had, among his actions, sold off the cars assigned to Pakatan state exco members and convened the assembly on May 7.
“Yesterday's High Court decision negates the assembly seating and the ouster of speaker V Sivakumar as it was sanctioned by Zambry,” he said.
Sulaiman also submitted that while Zambry held the post of menteri besar, Nizar had not applied for a stay order.
In turn, the BN leader should not now apply for one when the finding has gone against him.
Nizar urged to vacate his office
Cecil and Sunil Abraham represented Zambry while Nizar was represented by Sulaiman, Ranjit Singh, Philip Koh, Edmund Bon and Amer Hamzah Arshad.
In addition to Gani, AG's Chambers prosecution division chief Tun Abdul Majid Tun Hamzah was in court.
BN and Umno lawyers, Hafarizam Harun and Firoz Hussein Ahmad Jamaluddin, held a watching brief.
Also in court were two PKR assemblypersons turned BN-friendly Independents - Mohd Osman Jailu (Changkat Jering) and Jamaluddin Mohd Radzi (Behrang). Their defections had made it possible for BN to take over the Perak government.
After the decision, which was delivered at about 1pm, Hafarizam urged Nizar to vacate his office to allow Zambry to move in.
“As Zambry had respected the High Court's decision today, Nizar and his exco members should do so likewise,” he said.
Asked as to what Zambry's next course of action would be - whether to dissolve the assembly or seek a vote of no-confidence - Hafarizam said the question should be posed to Zambry.
Cecil said today's decision means that status quo has been retained, with Zambry as the menteri besar.
Sulaiman said he would have to take instructions from Nizar on the next course of action, and whether to file for a review to set aside the stay order.
“We can apply to set aside the stay order before a three-member panel unlike a single-member panel today.
"We will do it fast on getting the instructions from Nizar and apply before the president of the Court of Appeal. We have 10 days to apply to set aside the stay order."
In an immediate response, Nizar said he would seek legal advice on what to do next.
Regardless of legal action taken by both parties, he said the matter must be resolved quickly.
Hafiz Yatim May 12, 09 11:58am
The Court of Appeal has granted a stay of execution on yesterday's High Court decision which recognised Mohammad Nizar Jamaluddin as the rightful Perak menteri besar.
This will put on hold the decision of the High Court pending an appeal by Perak BN Menteri Besar Zambry Abd Kadir.
This means that rival MB, Mohammad Nizar Jamaluddin, cannot seek the sultan's consent to dissolve the state assembly until the appeal has been heard.
Today's decision puts a crimp in Nizar's bid to return as the lawful MB. He had been in office for less than 24 hours since the High Court decision.
Ramly was elevated as a Court of Appeal judge just last month. Previously, he was a judge in the High Court's commercial division.
In granting the appeal. Ramly noted the special circumstances of the application, as this does not only involve the applicant (Zambry) or the respondent (Nizar) but the whole of Perak.
“The court will allow for a stay of the declaratory orders until the appeal proper has been disposed by the Court of Appeal,” he ruled.
No conditions imposed on Zambry
Nizar's counsel Sulaiman Abdullah asked whether any conditions would be imposed on Zambry, but Ramly replied the court would not do so.
Sulaiman then asked Ramly to note his strong objections to the decision.
Zambry's lawyers argued that the stay is important to stop Nizar from seeking the approval of the Perak sultan to dissolve the state assembly.
Nizar had, this morning, sought an audience with the Regent Raja Nazrin Shah to seek dissolution.
Zambry's lead counsel Cecil Abraham noted that, if the dissolution were granted, the appeal would be rendered academic.
He also cited various media reports today that Nizar is seeking dissolution.
Cecil therefore pointed out the need for the appellate court to intervene and grant a stay.
Attorney-General Abdul Gani Patail, who was in court today, supported the application.
He also argued that the suspension of the state secretary and state legal adviser by Nizar late last night was illegal as these are federal appointments.
Decision made at 1pm
Sulaiman urged the court to fix an early date for the appeal hearing.
However, he also said the court should allow the High Court judgment to remain, as the decision to dissolve the assembly is not with Nizar but with the sultan.
“Why make the application when (the decision) is at the hands of a third party, namely the sultan?” he asked.
Sulaiman said the High Court had found that Zambry was an usurper menteri besar who had, among his actions, sold off the cars assigned to Pakatan state exco members and convened the assembly on May 7.
“Yesterday's High Court decision negates the assembly seating and the ouster of speaker V Sivakumar as it was sanctioned by Zambry,” he said.
Sulaiman also submitted that while Zambry held the post of menteri besar, Nizar had not applied for a stay order.
In turn, the BN leader should not now apply for one when the finding has gone against him.
Nizar urged to vacate his office
Cecil and Sunil Abraham represented Zambry while Nizar was represented by Sulaiman, Ranjit Singh, Philip Koh, Edmund Bon and Amer Hamzah Arshad.
In addition to Gani, AG's Chambers prosecution division chief Tun Abdul Majid Tun Hamzah was in court.
BN and Umno lawyers, Hafarizam Harun and Firoz Hussein Ahmad Jamaluddin, held a watching brief.
Also in court were two PKR assemblypersons turned BN-friendly Independents - Mohd Osman Jailu (Changkat Jering) and Jamaluddin Mohd Radzi (Behrang). Their defections had made it possible for BN to take over the Perak government.
After the decision, which was delivered at about 1pm, Hafarizam urged Nizar to vacate his office to allow Zambry to move in.
“As Zambry had respected the High Court's decision today, Nizar and his exco members should do so likewise,” he said.
Asked as to what Zambry's next course of action would be - whether to dissolve the assembly or seek a vote of no-confidence - Hafarizam said the question should be posed to Zambry.
Cecil said today's decision means that status quo has been retained, with Zambry as the menteri besar.
Sulaiman said he would have to take instructions from Nizar on the next course of action, and whether to file for a review to set aside the stay order.
“We can apply to set aside the stay order before a three-member panel unlike a single-member panel today.
"We will do it fast on getting the instructions from Nizar and apply before the president of the Court of Appeal. We have 10 days to apply to set aside the stay order."
In an immediate response, Nizar said he would seek legal advice on what to do next.
Regardless of legal action taken by both parties, he said the matter must be resolved quickly.