Wednesday, May 27, 2009
PPP is following his big brother
A little bit demoralised after high court decision overturned
Economy: GDP shrank to -6.2%
Tuesday, May 12, 2009
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.
Monday, May 11, 2009
What Zamry did during his tenureship as unlawful MB
During a few months of tenureship as a so called "MB", Zambry did a few controversial thing that he should be avoided at the first place. Since at that time, the court case is still running, he shouldn't make any decision, because, if he did, what happen if he is declared as not the rightful MB during his tenureship? The list below are the worst thing that he did:
1) Asking Nizar and previous EXCO to return the state's Toyota Camry and then he decided to sell those car and to purchase a new Proton V6 again.
2) Asking for a state assembly sitting to expel the Speaker
3) Appoint a new speaker
4) Sack all the Pakatan's village comittee (JKK)
5) and the ultimatum is by asking the Police to expel Speaker Sivakumar out of assembly sitting and detain him for about 1 hour inside the room.
For those who can think, logically, what he did cannot be accepted by using our rational brain... what a jungle law that he practises, but instead accusing the PR that practising the jungle law....sigh....
Perak rigthful MB: Najib cannot accept the High Court decision
Is it Najib pledge of 1Malaysia really being implemented? If he trully prioritised the rakyat, he should return the power to rakyat in Perak case instead of appealing with the High Court decision.The High Court had just ruling that Nizar is now the rightful MB for Perak. Does he going to further complicated the Perak impasse, doesn't he? If he did proceed with the appeal, Perak will still under no ruling party for another few months to come. Did he want this to happen?
Should this appeal become true tomorrow, well, it seems that the 1Malaysia motto is going to be only a motto only and not more than that.... Well... I can also say that the Perak will still under limbo for another few months to come...sigh....
http://www.thestar.com.my/news/story.asp?file=/2009/5/11/nation/20090511154813&sec=nation
Published: Monday May 11, 2009 MYT 3:46:00 PM - The Star
Updated: Monday May 11, 2009 MYT 9:32:28 PM
Court rules Nizar is Perak MB; BN to appeal (Update 10)
KUALA LUMPUR: Barisan Nasional will appeal the High Court ruling on Monday that declared Datuk Seri Mohammad Nizar Jamaluddin as the rightful Perak Mentri Besar, and not Datuk Seri Dr Zambry Abdul Kadir.
The appeal would be filed on Tuesday, Prime Minister Datuk Seri Najib Tun Razak said.
In the meantime, he urged the people of Perak to remain calm while "the situation is resolved."
Pakatan Rakyat is however adamant that there is no "situation."
“This is a great day for the rakyat (people) because the Law and the Constitution are the true winners,” Nizar said in a statement.
“It is a historic day for all who love democracy and it will be remembered for years and years to come. Its positive effects for revitalising parliamentary democracy and constitutional monarchy is tremendous,” he said.
He said that everyone from both sides of the political divide would benefit from this ruling “because an independent judiciary is absolutely essential for the well-being of any country and its people.”
Nizar said that all previous decisions made by the Dr Zambry administration would be subject to review but not invalidated except for the tumultous May 7 sitting.
He also suspended the state legal adviser with immediate effect.
Nizar said that once he arrived in Ipoh, he would meet with his Pakatan exco at 11pm and a press conference could be expected after that.
Earlier, Zambry said he would apply for a stay pending appeal. This was immediately rejected by the court.
The court also ordered Zambry and the six executive councillors he had appointed to vacate their office.
An aide to Dr Zambry told the media that Perak Barisan Nasional will respect the court order and will vacate their offices at the state secretariat building immediately.
He added that Dr Zambry is on his way to Kuala Lumpur from Ipoh. Dr Zambry could not be reached for comment at press time.
Dr Zambry's private secretary Khairul Azwan Harun then asked the media to vacate the office, saying that their presence was "scaring off the staff."
By 5:30pm, several truckloads of Federal Reserve Unit personnel and police had arrived at the state secretariat building in Ipoh.
“Our presence is to maintain law and order,” said Perak CPO Deputy Comm Datuk Zulkifli Abdullah.
“We will not allow any illegal assembly or procession by either party,” he said.
Nizar left the KL courtroom saying he would seek an audience with the Sultan of Perak, Sultan Azlan Shah, to get his consent to dissolve the Assembly and call for fresh state elections.
He would make his request for the audience at a state function at the Istana Kuala Kangsar Tuesday morning.
In his ruling Monday, Justice Abdul Aziz Abd Rahim said that a new mentri besar could not be appointed as the office had not been vacated.
He said a mentri besar can only be dismissed by a vote of no confidence, and upheld the Stephen Kalong Ningkan ruling.
He noted that the Perak State Legislative Assembly had not held a vote of no confidence.
In 1966, Sarawak Chief Minister Datuk Stephen Kalong Ningkan was ousted when the state governor showed him a letter of no confidence issued by 21 out of 42 legislators and asked Ningkan to resign.
Ningkan refused, saying the letters were not tantamount to a vote of no confidence in the state legislative assembly. He was sacked by the governor but eventually reinstated by the Borneo High Court, which saw the necessity of a formal vote of no confidence.
Saturday, May 9, 2009
Manoharan, DAP assemblymen is now released from ISA
Last week, Hishamuddin voice out his stand not to release Manoharan as the latter say that he might resign as an elected representative due to his detention under ISA. Hishamuddin says that he will not obey because of the brouhaha over Manoharan possible resignation. Week after that, Manoharan is going to be release soon and the reason given is, he is not a threat to our national security. I can say that this is also a flip-flop decision then.... what do you think?
Please do compare with the earlier news at the bottom... sigh.... What a decision.... everything can change in the blink of eye.... Malaysia.....
http://www.thestar.com.my/news/story.asp?file=/2009/5/9/nation/20090509083336&sec=nation
Saturday May 9, 2009 - The Star
Hindraf leaders among 13 ISA detainees to be released
PUTRAJAYA: The remaining three leaders of the banned Hindu Rights Action Force (Hindraf) will be released from Internal Security Act detention in the next few days.
M. Manoharan, P. Uthayakumar and K. Vasantha Kumar are among 13 people to be released soon, said Home Minister Datuk Seri Hishammuddin Tun Hussein.
Six are Malaysians while the others are five Filipinos and two Indonesians.
The release of the three Hindraf leaders comes after two other leaders – V. Ganabatirau and R. Kengadharan – were freed when Prime Minister Datuk Seri Najib Tun Razak took office last month.
Other Malaysians to be released are Zulkepli Marzuki, Jeknal Adil and Adzmi Pindatun while the Filipinos are Sufian Salih, Hasim Talib, Abdul Jamal Azahari, Yusof Mohd Salam and Husin Alih. The Indonesians are Zainun Rasyhid and Aboud Ghafar Shahril.
Hishammuddin said the Malaysian detainees would be released once documents were processed.
He said the Malaysian authorities were working with their counterparts in Manila and Jakarta and with the embassies here to get the necessary papers ready to send the foreigners home.
“I will sign the necessary documents now and I hope the Malaysians will be released within the next two to three days,” he said.
In an immediate reaction, Najib said the release of the 13 showed that the Government was not cruel.
He said the police felt that the time had come for them to be released.
“ I think this shows that it’s not true that the Government is carrying out a cruel and repressive policy as claimed by the Opposition, and that we have tried to stifle individual freedom,” he said.
“If these people held under the ISA had not been a threat to our security, we wouldn’t even have detained them for a day. When I first became Prime Minister, I had announced the release of 13 people held under the ISA.
“I want to show that our Government acts based on fair principles and civil liberties,” he said.
Najib denied that the release was planned to lessen the consequences of the pandemonium at the Perak State Assembly meeting on Thursday.
“Please, what do you want? Even if we release them, we are (seen) to be wrong,” he said yesterday.
Hishammuddin denied that Manoharan’s release was linked to the Kota Alam Shah assemblyman’s earlier announcement that he might resign as an elected representative .
Earlier,
http://thestar.com.my/news/story.asp?file=/2009/5/6/nation/3841926&sec=nation
Wednesday May 6, 2009 - The Star
Manoharan held for ‘certain reasons’
KUALA LUMPUR: Kota Alam Shah assemblyman M. Manoharan, who is being detained under the Internal Security Act, will not be released just because of the brouhaha over his possible resignation, Home Minister Datuk Seri Hishammuddin Tun Hussein said.
Manoharan was arrested under the ISA for certain reasons, he said.
“I can tolerate a review, a new approach and openness, but I will not compromise on national importance, security and the country’s stability and dignity,” he said.
Manoharan had said he would decide on his resignation after meeting DAP chairman Karpal Singh on May 19.
Hishammuddin said he had directed his two deputies to study how much money would be spent each time a by-election was held.
“There seems to be a trend now to have by-elections. The figure is not a small amount. A by-election at the parliamentary level can cost RM20mil to deploy police to ensure safety,” he added.
Hishammuddin also said he had instructed two “best legal minds” each from the police, immigration and prison departments to re-look all laws under his ministry to aid the Law Reform Committee.
“Our focus is on the ISA as it is time for a review,” he said.
