Friday, May 22, 2009

PERAK | Judgement a disservice to the nation

"...extraordinary apes with extraordinary ability..." - the Lost Translator

It took just 10 minutes for the judgement to be read out and as reported by The Nut Graph, they are:

  • "the granting or withholding of consent to a request for dissolution of the legislative assembly was a royal prerogative;
  • the facts of the cased showed that Nizar's request for dissolution fell under Article 16(6) and not Article 36(2) of the Perak Constitution;

  • that under Article 16(6), Nizar had to tender his resignation together with that of his executive councillors after the sultan withheld consent to his request for dissolution;

  • that there was no mandatory or express provision in the state constitution for a motion of no confidence to be tabled in the legislative assembly against Nizar, who had ceased to command the confidence of the majority;

  • the fact that Nizar had lost the majority's confidence could be obtained or established by alternative means, and that the sultan was right in making enquiries on whether he had lost the majority before rejecting his request for a dissolution of the legislative assembly;

  • that because Nizar had ceased to command the majority's confidence, the sultan was right under Article 16(2) in appointing Zambry as MB after being satisfied that Zambry commanded the confidence of the majority; and,

  • that the High Court judge had erred and failed to appreciate all the evidence before him in making a decision.

As the Judges, (3 not 5 as pleaded), were absolutely in complete agreement, only one needed to read out the others duplicate thoughts.

Malaysians who disagree are quiet for the time being, perhaps letting it all sink in. One of the most significant effects today, perhaps, despite the disbelief and lack of trust in the manner the case was disposed, is the implication of the Sultan's newly acquired power to dismiss the the Menteri Besar. It may not stop at that. The random implication is that the PM may be so dismissed by the Agong. Who knows?

No doubt, there will be an appeal at the Federal Courts, unless something constructive turn up between now and Wednessday.


Jong said...

What Nga Kor Ming said was right – the Court of Appeal’s verdict had broke the hearts of many Perakians and that is not an exaggerated comment. I was at a dinner function today and everyone seems to be in foul mood eventhough many knew the verdict wasn’t unexpected, and that it would definitely be in favour of Zambry Haram. It now looks like a total collapse of the Judiciary as a result of Executive interference, what else!

There wasn't one person in the congregation(at least not that I know of) had come up to openly support of the court's ruling and say it was fair and right and that Zambry has the support of the majority, and who, the whores?

Salak said...

What's Malaysian and best reflects us?

I got this in my phone SMS :

"...Harap maaf, perkhidmatan ini sedang dinaiktaraf, Terima kasih. [from Telekom Malaysia] ..."Which of course reflects also how TM wastes our money and prevents us from being No.1 amongst 3 top countries - Zimbabwe, Indonesia and Malaysia.

An Appeal is provided for in the system, so there could be one, unless the Sun drops into the Straits of Malacca and hit some pirates.

My idea is that in the Appeal, the Presiding Judge could hear it and decides on a "de novo" trial, meaning he should find the whole thing ridiculous and really gives us a good run for our money in a new trial!

Jong said...

Many are crying out loud that the 3 judges in the Court of Appeal made an unnaimous decision, on what baisis to rule in favour of Zambry Kadir aka Zambry Haram aka Gambir/Snake Oil PHD Salesman, but is there a written judgement?

It took the three 24 hours to decide yet no written judgement? For Zambry's it was only a few hours in haste to file for Court of Appeal hearing when Nizar was judged the "legitimate MB of Perak". If it's not Executive interferance, what else, anyone? Was the 24-hour wait to buy time for making a few phone calls, maybe Mr Justice Zaki Tun Azmi the Chief Justice, once-upon-a-time UMNO's faithful lawyer?

Salak said...

What judges?

They were only "kera" at the command of the Tyrant! :))

Jong said...

OOoops, your are right Salak, kera can't write. They just act to command of their masters, they a don't know how and not trained to. That's the quality of Malaysian Judiciary!

Salak said...

Well, Jong, we are all "orang hutan" of some kind. We have to keep on learning.

Like this T H I S orang hutan! [<--CLICK]

Soon he'll be a fisher of men, possibly!