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Tuesday, 26 January 2010

Nizar vs Zambry: Decision on Feb 9

By Shazwan Mustafa Kamal - The Malaysian Insider

KUALA LUMPUR, Jan 25 — The Federal Court will deliver its decision on Datuk Seri Nizar Jamaluddin’s appeal to be reinstated as the mentri besar of Perak on Feb 9.

Nizar’s lawyer, Leong Cheok Keng, confirmed the news of the date to The Malaysian Insider.

According to Leong, he received the letter confirming the date from the Federal Court earlier this morning.

“The Federal Court faxed a letter to my office at 11.20am this morning. It (the Feb 9 date) is confirmed,” said Leong.

The Federal Court had heard all submissions in ousted Perak mentri besar, Nizar’s appeal to be reinstated on Nov 5 last year but reserved judgment to a later date.

Court of Appeal President Tan Sri Alauddin Mohd Sheriff led the five-member Bench with Chief Judge of Malaya Tan Sri Arifin Zakaria, Justices Datuk Zulkefli Ahmad Makinuddin, Datuk Mohd Ghazali Mohd Yusoff, and Datuk Abdull Hamid Embong.

Attorney-General Tan Sri Abdul Gani Patail, who acted as an intervener to help interpret the Perak and Federal constitutions, also made his submissions.

Leong was, however, not optimistic about his client’s chances.

“You’ve heard the rumours (about the possibility of the Federal Court deciding in favour of Nizar) but at this point, it would be best to remain pessimistic,” said the lawyer.

Pakatan Rakyat’s (PR) Nizar — who failed to persuade the Perak Sultan to dissolve the state assembly and was subsequently replaced by Barisan Nasional’s Datuk Dr Zambry Abdul Kadir — had taken the matter to the Kuala Lumpur High Court where a trial was held to discover the facts of the case, and where he was later declared to be the lawful mentri besar.

Zambry subsequently challenged the High Court’s decision at the Court of Appeal and won that round.

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