May 12, 2009

Zambry gets a stay order from High Court

The Court of Appeal grants Datuk Seri Dr Zambry Abd Kadir his application for a stay of execution on the KL High Court ruling yesterday that declared Datuk Seri Mohammad Nizar Jamaluddin the righful mentri besar of Perak. Nizar is seeking royal consent to dissolve the State Legislative Assembly to pave the way for fresh state elections. Stay tuned here for ongoing developments.

(Malaysiakini) The Court of Appeal has granted a stay application to Zambry Abd Kadir against a High Court decision yesterday which proclaimed Mohammad Nizar Jamaluddin as the rightful Perak menteri besar.

The stay would put on hold the decision of the High Court pending an appeal by Zambry. He had filed his appeal this morning and it will be heard at an earliest date possible.

The decision has once again put the political situation in Perak in a limbo with both Barisan Nasional and Pakatan Rakyat fighting one another to become the menteri besar.

Court of Appeal judge Ramly Mohd Ali heard the stay application on his own, departing from the usual three-member panel. Such a departure is acceptable and has been done previously for various grounds.

Zambry's lawyers argued that the stay was important to stop Nizar from trying seek the approval of the Perak sultan to dissolve the state assembly.

His lead counsel Cecil Abraham added that if dissolution was granted, Zambry's appeal would be academic.

Attorney-General Abdul Gani Patail supported the motion. He also argued that the suspension of state secretary and state legal advisor by Nizar late last night was illegal as these were federal appointments.

Nizar's lawyer Sulaiman Abdullah urged the court to fix an early date for appeal.

Counsel Cecil and Sunil Abraham represented Zambry. Also present with Abdul Gani Patail was head of the AG’s Chambers’ prosecution division, Abdul Majid Hamzah.

BN and Umno lawyers, Hafarizam Harun and Firoz Hussein Ahmad Jamaluddin, are holding a watching brief.

Nizar was represented by Sulaiman, Ranjit Singh and Edmund Bon.

Also present 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 it.

Sulaiman meanwhile said he has to take instructions from Nizar on the next steps.


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