Three-man bench hears Zambry’s appeal first, stay later

By Wong Choon Mei, Suara Keadilan [Updated]

The Court of Appeal has begun hearing the appeal by Umno leader Zambry Kadir against a High Court ruling that his political rival Nizar Jamaluddin from the Pakatan Rakyat is the rightful Menteri Besar of Perak.

Lawyers from both camps agreed to have the court hear the appeal proper first. If it is not able to deliver a decision quickly, then it will proceed to hear Nizar’s application to set aside the stay of execution that Zambry controversially obtained last week.

Nizar’s request for a five-man panel was also not granted. A three-man bench comprising Justices Ahmad Maarop, Md Raus Sharif and Zainun Ali are now deliberating the case.

On May 11, High Court judge Abdul Aziz Abdul Rahim had declared Nizar was the lawful chief minister at all material times and that Zambry, who was sworn in by the Sultan on Feb 6, had never been the legal menteri besar.

On May 12, Court of Appeal judge Ramly Mohd Ali shocked the nation when he granted in record, super-quick time a stay of the High Court’s ruling, sparking widespread public discontent about the quality of justice in Malaysia’s legal system.

Credibility of judiciary in question again. Will they  let Malaysia down again.

Even now, most Malaysians believe the odds are stacked against Nizar, with Prime Minister Najib Razak piling pressure on the judiciary to decide in his Umno party’s favour.

“We hope for justice to prevail but based on past record, Malaysians cannot be faulted for believing that judges will succumb to political pressure. If anyone is to blame, it is not cynicism, but the existing system of patronage nurtured by the Umno-BN federal government,” said Lee Boon Chye, the MP for Gopeng.

Northwestern Perak state plunged into crisis after Najib himself led a coup d’etat that toppled the popular Pakatan administration led by Nizar.

With the support of Sultan Azlan, he managed to get Zambry appointed as MB and Nizar sacked, even though no vote was taken by the legislative assembly to remove Nizar.

Left with no recourse, the Pakatan embarked on a barrage of legal suits against Zambry and his Umno-BN team.

As Nizar gains in popularity, Najib and Zambry become more disliked by the day

Although three months have passed and it is now obvious that not just Perakians but Malaysians nationwide want fresh election, a power-crazed Najib has chosen to hang on in the state using all ways and means – including the underhanded and the foul.

The Sultan too has turned deaf ear on the clamouring from his subjects to choose once and for all the leaders that they want and not the line-up foisted on them by Najib.

Said Nizar: “If the court decision goes in my favour, I will immediately seek an audience with Sultan Azlan Shah to get his consent to dissolve the state assembly and call for fresh state elections to get a fresh mandate from the people.”

“However, if the court decides otherwise, then I shall seek the advice of my panel of lawyers on the next step of action, whether to appeal again and see whether there is a provision to appeal or not. I shall leave it to the will of Allah to decide on my fate.”

Immensely popular now, Nizar has grown in political stature since the crisis began. From a mild-mannered state-level leader, he has assumed national prominence and holds a bright future in Malaysian politics.

Sadly for his rival Zambry, the reverse applies despite his showy backing by the Umno top brass, especially from Najib, who relinquished the Perak Umno chair specially to him.

The Pangkor MP has incurred unpopularity not only because of the side he represents but also because of the murky way he has handled himself. He recently tried to ban the media from covering the notorious state assembly sitting on May 7, where as expected, he and his party flouted state laws to push through their political will.

At one point, he even compared himself to world democracy icons such as Nelson Mandela and Martin Luther King. Indeed, his doublespeak has become his trademark.

Said Zambry: “I shall abide by whatever decision the appeal court makes and I respect whatever the court ruling states. I respected the High Court ruling and vacated my seat accordingly. I am not like others who hail the court’s decision whenever it is in their favour, but I take whatever comes my way.”

As Najib twiddle his thumbs, another tsunami is sweeping the nation

What Zambry took care to omit was that he and his boss, Najib, had pulled all strings to obtain the controversial stay, which the High Court had already rejected on May 11.

“It is a matter of concern to an average citizen over how the Court of Appeal presided by one judge could overturn a decision of the High Court judge a day ago when he refused to grant a stay of execution. Why is Zambry and his party fearful of fresh elections in Perak? ,” said Param Cumaraswamy, ex-UN Special Rapporteur on the Independence of Judges and Lawyers and former Bar Council president.

Having lost in four of the past five by-elections, Najib has a phobia for electoral contests.

The political consequences will be severe if he is unable to snap the losing streak. To avoid this, he has opted to skip the Penanti  contest on May 31, citing costs and attacking Opposition Leader Anwar Ibrahim for triggering by-elections to gain publicity.

Yet, who can beat the circus he himself created in Perak. The stark suppression of the people s’ wishes and the naked use of foul play has sparked wide coverage in both national and international media.

“I don’t craze for power for the sake of power but I need power to serve the people and ensure successful nation-building,” Najib said at a function on Wednesday. “But there are some people who cannot wait to be in power.  Power is only a means to an end and the end is about serving the people and nation.”

Indeed, words that he should heed himself. Already, the torrent of appeals led by civil society and business groups that he finally faces up to his debacle in Perak, and allow democracy and the people to triumph there, has swelled into a new tsunami fast sweeping the rest of the nation.