Before the proceeding the Malaysians knew that Zambry will be the MB.
Our Justice in Malaysia is death.
By Admin NEM
The appellate court today allowed an appeal by Barisan Nasional's Zambry Abd Kadir to reverse the Kuala Lumpur High Court decision that declared Pakatan Rakyat leader Mohammad Nizar Jamaluddin as the rightful menteri besar of Perak.
In the process, the court ruled that Zambry was the legitimate menteri besar.
Justice Md Raus Sharif - who led a three-member bench - said this was an unanimous decision by the Court of Appeal.
The other judges in the panel were Justices Zainun Ali and Ahmad Maarop.
"The learned High Court judge had failed to properly and adequately appreciate the entire evidence before him, and that rendered the decision as wrong," said Md Raus.
In his five-minute oral judgment, the judge also held that the Perak sultan was right in appointing Zambry as the new menteri besar under Article 16(2) of the Perak constitution after being satisfied that Zambry had the command of the majority of the state legislative assembly.
"We hold the view that the granting or the withholding of the request for the dissolution of the state legislative assembly is the royal prerogative.
"On the facts of this case, the request for the dissolution of the state legislative assembly was made under Article 16(6) of the Perak constitution and not under Article 36 of the constitution," said Md Raus.
Sultan was right
He also said that the sultan was right in making enquiry to satisfy himself that the respondent (Nizar) had ceased to command the majority confidence.
"There is no mandatory or expressed requirement in the Perak constitution that provides that there must be a motion of no-confidence to be tabled against the respondent before deciding that he had ceased to command the majority confidence of the state legislative assembly," he said.
The courtroom was silent when the judgment was read out.
Nizar was represented by a team of eight lawyers led by Sulaiman Abdullah while senior lawyer Cecil Abraham appeared for Zambry.
Both Nizar and Zambry were not present.
Attorney-general Abdul Gani Patail - who stood as an intervener - was also present.
Lawyers Mohd Hafarizam Harun, Firoz Hussein Ahmad Jamaluddin and M Reza Hassan held a watching brief for BN.
On May 11, Kuala Lumpur High Court judge Abdul Aziz Abd Rahim proclaimed Nizar as the rightful menteri besar.
He ruled that the Perak sultan could not dismiss the menteri besar.
Counsel: We'll appeal
Zambry had appealed against that decision. Nizar's lawyers told the court today that they will be appealing to the Federal Court.
Meanwhile, Nizar's counsel Sulaiman (right) said he has been instructed by his client to seek leave from the Federal Court to appeal the decision.
"We hope to get a written judgment from the appellate court as soon as possible," he said.
Md Raus said he cannot write the judgment within one night but would be able to do it within a week.
He also dismissed Nizar's application to set aside the stay order granted by the Court of Appeal on May 12, a day after the High Court judgment.
In an immediate reaction, Zambry who was attending a function in Slim River, Perak, said he was glad that the decision was in his favour. "Truth has prevailed," he added.
'No reasoned grounds of judgment'
However, DAP stalwart Lim Kit Siang described the decision as "shocking and a travesty of justice."
He described the five-minute oral delivery by judge Md Raus as "not a judgment, but findings of the Court of Appeal".
"There was no reasoned grounds of judgment but mere findings of the Court of Appeal in an unanimous decision, i.e. 3-0."
He also warned that it would compound the problems of Prime Minister Najib Abdul Razak.
"The right decision was to call for a statewide elections. The decision (by the Court of Appeal) and Najib's seizure (of the state) has angered many people.
"People will remember and this would bring to BN's downfall," he said.
Vexed supporters shout 'reformasi'
Former Pakatan Perak exco member Nga Kor Ming said this showed that the judiciary had been pressured in making a decision favourable to BN.
"I would like to commend and hail the brave (High Court) judge Justice Abdul Aziz for his decision in favouring us.
"This will not be the end of the matter as the people will remember," he added.
Umno lawyer Mohd Hafarizam Harun described the court's decision as a 'moral victory' for the ruling coalition.
Some 200 vexed Pakatan supporters later began to chant 'Reformasi' and 'Hidup Nizar' inside the sprawling court complex.
Our Justice in Malaysia is death.
By Admin NEM
The appellate court today allowed an appeal by Barisan Nasional's Zambry Abd Kadir to reverse the Kuala Lumpur High Court decision that declared Pakatan Rakyat leader Mohammad Nizar Jamaluddin as the rightful menteri besar of Perak.
In the process, the court ruled that Zambry was the legitimate menteri besar.
Justice Md Raus Sharif - who led a three-member bench - said this was an unanimous decision by the Court of Appeal.The other judges in the panel were Justices Zainun Ali and Ahmad Maarop.
"The learned High Court judge had failed to properly and adequately appreciate the entire evidence before him, and that rendered the decision as wrong," said Md Raus.
In his five-minute oral judgment, the judge also held that the Perak sultan was right in appointing Zambry as the new menteri besar under Article 16(2) of the Perak constitution after being satisfied that Zambry had the command of the majority of the state legislative assembly.
"We hold the view that the granting or the withholding of the request for the dissolution of the state legislative assembly is the royal prerogative.
"On the facts of this case, the request for the dissolution of the state legislative assembly was made under Article 16(6) of the Perak constitution and not under Article 36 of the constitution," said Md Raus.
Sultan was right
He also said that the sultan was right in making enquiry to satisfy himself that the respondent (Nizar) had ceased to command the majority confidence.
"There is no mandatory or expressed requirement in the Perak constitution that provides that there must be a motion of no-confidence to be tabled against the respondent before deciding that he had ceased to command the majority confidence of the state legislative assembly," he said.
The courtroom was silent when the judgment was read out.
Nizar was represented by a team of eight lawyers led by Sulaiman Abdullah while senior lawyer Cecil Abraham appeared for Zambry.Both Nizar and Zambry were not present.
Attorney-general Abdul Gani Patail - who stood as an intervener - was also present.
Lawyers Mohd Hafarizam Harun, Firoz Hussein Ahmad Jamaluddin and M Reza Hassan held a watching brief for BN.
On May 11, Kuala Lumpur High Court judge Abdul Aziz Abd Rahim proclaimed Nizar as the rightful menteri besar.
He ruled that the Perak sultan could not dismiss the menteri besar.
Counsel: We'll appeal
Zambry had appealed against that decision. Nizar's lawyers told the court today that they will be appealing to the Federal Court.
Meanwhile, Nizar's counsel Sulaiman (right) said he has been instructed by his client to seek leave from the Federal Court to appeal the decision."We hope to get a written judgment from the appellate court as soon as possible," he said.
Md Raus said he cannot write the judgment within one night but would be able to do it within a week.
He also dismissed Nizar's application to set aside the stay order granted by the Court of Appeal on May 12, a day after the High Court judgment.
In an immediate reaction, Zambry who was attending a function in Slim River, Perak, said he was glad that the decision was in his favour. "Truth has prevailed," he added.
'No reasoned grounds of judgment'
However, DAP stalwart Lim Kit Siang described the decision as "shocking and a travesty of justice."
He described the five-minute oral delivery by judge Md Raus as "not a judgment, but findings of the Court of Appeal"."There was no reasoned grounds of judgment but mere findings of the Court of Appeal in an unanimous decision, i.e. 3-0."
He also warned that it would compound the problems of Prime Minister Najib Abdul Razak.
"The right decision was to call for a statewide elections. The decision (by the Court of Appeal) and Najib's seizure (of the state) has angered many people.
"People will remember and this would bring to BN's downfall," he said.
Vexed supporters shout 'reformasi'
Former Pakatan Perak exco member Nga Kor Ming said this showed that the judiciary had been pressured in making a decision favourable to BN.
"I would like to commend and hail the brave (High Court) judge Justice Abdul Aziz for his decision in favouring us."This will not be the end of the matter as the people will remember," he added.
Umno lawyer Mohd Hafarizam Harun described the court's decision as a 'moral victory' for the ruling coalition.
Some 200 vexed Pakatan supporters later began to chant 'Reformasi' and 'Hidup Nizar' inside the sprawling court complex.
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