Nizar vs Zambry: Judge recuses himself- Malaysiakini

Kuala Lumpur High Court judicial commissioner Mohamad Ariff Md Yusof today decided to recuse himself from hearing the case of who is the rightful Perak menteri besar.

MCPX

This comes, after Mohamad Ariff, a former senior partner of law firm Cheang and Ariff and a former PAS member, decided to disqualify himself from hearing the case following an objection from the Attorney-General’s Chambers.

Perak Legal Advisor Ahmad Kamal Mohd Shahid, who has said he is representing respondent Zambry Abdul Kadir, had also voiced his client's objection to Ariff hearing the case.

Representing ousted Pakatan Rakyat Menteri Besar Mohd Nizar Jamaluddin is senior counsel Sulaiman Abdullah, who leads a team of eight lawyers.

The AG's Chambers is represented by Kamaluddin Md Said and Suzana Atan.

Counsel Mohd Hafarizam Hashim held a watching brief for BN.

In an immediate reaction, Nizar said he respects the judge's decision.

"The legal battle will go on and we are confident of winning," he said.

"This is going to be the beginning of a very interesting case. We're very optimistic indeed, very much.

"And in respecting the judge's decision to recuse himself, this shows we're law-abiding citizens of a civil society," he added.

Court's interpretation of Perak constitution sought

Nizar has filed the suit against Zambry to determine who is the rightful candidate for the post, following the collapse of the Perak government earlier this month.

The suit seeks an interpretation of Article 16(6) of the Perak constitution on whether the menteri besar’s post can be vacated when:

• The menteri besar had advised the ruler on a dissolution of the state legislative assembly;

• There was no dissolution of the assembly;

• There was no motion of confidence against the menteri besar in the state legislative assembly; and

• The menteri besar did not resign.

In his application, Nizar said Zambry should cite the authority that allows him to legitimately become the BN-designated menteri besar.

Nizar is also seeking a declaration that Zambry has no right to be the menteri besar at any material time plus an injunction to prevent Zambry or his agents from continuing his task and role as the menteri besar.

There is also a claim for punitive, aggravated and exemplary damages together with costs.

The application for recusal will also hear the leave application; whether the Perak legal advisor can represent Zambry; and whether Nizar wants to take the matter up directly with the Federal Court as it involves an interpretation of the constitution.

Ariff had on Feb 18 disclosed that he has acted as an adviser to PAS and PKR and had represented BN in a Sarawak election petition case.

He was appointed judicial commissioner on Sept 15 last year. It was reported that he had also contested the Kota Damansara state seat in the 2004 general election on a PAS ticket.