Shocking High Court decision

In less than 24 hours, the high court overturn the previous decision in a split second. Our court, which is normally famous by having a backlogged cases which took over several years to settle the case, today made a fast and furious decision. At 9.00 a.m. the appeal has been filed, by 10 a.m., the court start to hear the case and by 1 p.m., came out with a decision, efficient isn't it? Well, I'm proud to be a Malaysian if it is the case for all the court case, but it is not the case. Amazingly, the decision also nullify the previous decision not to grant Zamry stay of execution previously made the day before and the decision also  resulting Nizar to be expelled from the office by less than 24 hours, fair isn't it? That is the fairness we get from the Malaysian court.... IMHO, the court should consider the previous court decision and give Zamry the appeal that he want but not to grant the stay of execution that he also get as a win-win decision instead of granting Zamry his both applications.

The court decison also made me angry when they accept the explaination from Zamry lawyer that stated Nizar had clearly indicated that he would seek an audience with the Sultan of Perak Sultan Azlan Shah to request for the dissolution of the state legislative assembly if the court of appeal do not grant Zamry the stay of execution order. The Zamry lawyer then continue that “If the state assembly is dissolved, then the appeal would be academic,” he said, adding that if the stay was not granted, the appeal would be rendered nugatory but,

why the court didn't consider Nizar lawyer statement that If a stay is granted, Zambry could initiate a motion of no-confidence against Nizar and the court will say our case is academic also as Nizar is no longer mentri besar then. Tragic isn't it?.....Well, lets us hope that PR will win after this and forever win...Ameen....

http://www.thestar.com.my/news/story.asp?file=/2009/5/12/nation/20090512171440&sec=nation

Published: Tuesday May 12, 2009 MYT 5:13:00 PM - The Star
Perak crisis: Details on stay of execution
By LISA GOH


PUTRAJAYA: The Court of Appeal on Tuesday granted a stay of execution on the High Court’s ruling that Datuk Seri Mohammad Nizar Jamaluddin is the rightful mentri besar of Perak.

With the stay order, status quo remains with Datuk Seri Dr Zambry Abd Kadir as the Perak Mentri Besar pending his appeal against the High Court’s ruling on Monday.

Justice Ramly Ali granted the stay at about 1.15pm following an application by Zambry at about 9.30am Tuesday. Zambry also filed an appeal at the Kuala Lumpur High Court registry at about 9am.

“The court notes that the circumstance of this case is very unique as it does not only involve the applicant and respondent but the entire state of Perak.

“Based on the practise of this court, which has the jurisdiction to grant the stay, the stay is granted,” he said, adding: “The court will fix an early date for the appeal hearing.”

Nizar’s lead counsel Sulaiman Abdullah then immediately requested for the court to apply terms to the stay of execution order, but his request was rejected.

On Monday, the High Court ruled that Nizar was the rightful mentri besar of Perak as his office had not been vacated when Zambry was appointed mentri besar.

This came following Nizar’s application on Feb 13 for a judicial review challenging Zambry’s appointment, seeking a declaration that he was the rightful mentri besar at all material times and an injunction to bar Zambry from carrying out his duties as MB.

Zambry’s lawyer Datuk Cecil Abraham submitted that Nizar had clearly indicated that he would seek an audience with the Sultan of Perak Sultan Azlan Shah to request for the dissolution of the state legislative assembly.

“If the state assembly is dissolved, then the appeal would be academic,” he said, adding that if the stay was not granted, the appeal would be rendered nugatory.

Sulaiman, however, argued that the stay order would allow the “person found by the High Court to be the usurper to continue his office”.

“What about us? If a stay is granted, Zambry could initiate a motion of no-confidence against Nizar and the court will say our case is academic as Nizar is no longer mentri besar.

“Whether or not there is a dissolution, that lies in the hands of a third party, as it depends on whether Tuanku grants it or not. But whether there is a motion of no-confidence or not, that is in their hands,” he submitted.

After the ruling, Nizar’s lawyer Ranjit Singh said an option was to appeal to a three-man bench of the Court of Appeal to set aside this court’s stay of execution order.