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Thursday 4 June 2009

MB vs MB: Still no sight of written judgment

From Malaysiakini,

Despite the delay of a written judgment by the Court of Appeals, ousted Perak Menteri Besar Mohammad Nizar Jamaluddin may file his appeal at the Federal Court against a lower court's decision declaring Zambry Abdul Kadir as the legitimate MB.
MCPX

"We have yet to receive the written grounds of judgment (from the Court of Appeals). Still, we may file the appeal on Monday (June 8) at Federal Court after discussion on the matter with my lawyers," said Nizar.

He added that he had applied for a full-bench of nine-member panel of judges to hear his appeal at the Federal Court.

Court of Appeals judge Md Raus Sharif had earlier said the written judgment would be released on May 29.

However, a fax from the Court of Appeals office dated June 1 stated that the judges are still in the process of preparing the written judgment, said Nizar's lawyer Leong Cheok Keng when contacted by Malaysiakini.

nizar and perak pakatan adun tree planting event 270509 03"We were hoping that we will receive the written judgment by this week so that we can prepare the grounds for our appeal (to the Federal Court)," he added.

Nizar (far right in white shirt) has a one-month grace period from the May 22 oral judgment to file his appeal at the Federal Court, said Leong.

When asked what would be their next course of action if the written judgment does not arrive on time for Monday's appeal, he said: "That I'll have to discuss with my client (Nizar)."

Baffled on why the delay


DAP Ipoh Barat MP M Kulasegaran, who was also with Nizar at the press conference, said he was baffled by the delay in the Court of Appeals in providing its written judgment when it was lightning quick in hearing the case.

He said it was crucial for Nizar to get the written judgment before he files his appeal.

"The written judgment will be used in our appeal proper, and will assist all parties whether it (the decision) is sound or otherwise."

"The decision (of the written judgment) will show whether the judgment was fair. Lawyers are also interested (to know the contents of the written judgment).

"The delay in giving the written judgment will raise suspicion among juries, lawyers and the ordinary people," he said.

On another matter, Nizar said the 69 supporters of Pakatan Rakyat, who were arrested and released on police bail during a three-day fast two weeks ago, would regroup tomorrow in front of DAP Ipoh headquarters and proceed to lodge a police report at 10am against the police.

"It is an abuse of police power. I do not know whether they will be charged or released."

On June 15, Nizar will take his oath of office as MP of Bukit Gantang in Parliament when sitting resumes.

Meanwhile, it is learnt from court sources that the Court of Appeal's judgment would be released in a day or two.

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