The Court of Appeal has granted a stay of execution on yesterday's High Court decision which recognised Mohammad Nizar Jamaluddin as the rightful Perak menteri besar.
This will put on hold the decision of the High Court pending an appeal by Perak BN Menteri Besar Zambry Abd Kadir.
This means that rival MB, Mohammad Nizar Jamaluddin, cannot seek the sultan's consent to dissolve the state assembly until the appeal has been heard.
Today's decision puts an end to Nizar's bid to return as the lawful MB. He has been in office for less than 24 hours since the High Court decision.
Zambry filed his appeal this morning and the issue will be heard on a date to be set by the Court of Appeal.
The Court of Appeal's decision has once again plunged Perak in limbo with both Barisan Nasional and Pakatan Rakyat fighting to claim power.
Court of Appeal judge Ramly Mohd Ali today heard the stay application on his own, departing from the usual practice of a three-member panel.
Such a departure is acceptable and has been done previously for various grounds.
Zambry's lawyers argued that the stay is important to stop Nizar from trying to seek the approval of the Perak sultan to dissolve the state assembly.
His lead counsel Cecil Abraham added that if the dissolution were granted, Zambry's appeal would be academic.
Meanwhile, Attorney-General Abdul Gani Patail, who was also in court today, supported the motion.
He argued that the suspension of the state secretary and state legal adviser by Nizar late last night was illegal as these are federal appointments.
Decision made at 1pm
Nizar's lawyer Sulaiman Abdullah urged the court to fix an early date for the appeal hearing.
Counsels Cecil and Sunil Abraham represented Zambry while Nizar was represented by Sulaiman, Ranjit Singh and Edmund Bon.
In addition to Gani, AG's Chambers prosecution division chief Abdul Majid Hamzah was in court.
BN and Umno lawyers, Hafarizam Harun and Firoz Hussein Ahmad Jamaluddin, held a watching brief.
Also 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 in.
Sulaiman meanwhile said he had to take instructions from Nizar on what to do next.
tunku : not even a day as mb again, nizar already sacking people.today back to square one, he's not the mb. zambry is again a mb. that means the sacked officers will be appointed again. for the sake of the people and the state one side should let it go. if you ask me of course those with majority stays.
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6 comments:
Sick of this tugging. Just dissolve the assembly and make the rakyat decide once and for all. BN government should take the initiative and show to the people how gentlemen BN is. Nothing to be scared of?
why only bn has to show, why not pakatan,be gentle and wait for next election????
It is better to lose now then lose the next GE. Go and dissolve the assembly. BN may win, if we are gentlemen enough to dissolve the assembly. MCA and Gerakan have mooted this idea now. The economy is affected. Our image is affected. What else? The courts are not going to resolve the matter. It will continue infinitely - just arguing. There will be no end to it. Go back to the people and let them decide. My strong feeling is that BN will win if there is a state election. Come on go for it...
we don't want election now.pakatan should let bn govern perak peacefully.don't create tense.go away.
when court say nizar is the mb, ohh this pakatan said court is good bla bla bla and when the stay order given against them suddenly high conspiracy.apa punya pakatan , tak habis2 anwar punya conspiracy.sudahlah.boringlah.boleh blah lah.
Tunku
Plain & simple its Nizar /Nga/Nge ans Siva whos creating th ruckus and Nizar said its the Rakyat whos wants the pakatan to rule,
Rakyat just wants to cari makan and live peacefully.
Nizar was so desperate he waited outside the SUK gate by 7am ,I think he hardly sleeps. Whats the hurry to rush off something? Somethings not right in the MB office? And the sudden exco meeting why?
Why the desperate attempt like theres no tomorrow? Buat malu aja!
Ni muka tebal 10 inci apa dia peduli, even Raja Muda can be played out by him very disrespectful !
Madam Rochas
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