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.

PERAK | Zambry is MB, rules court

{Details of the Federal Court ruling is unavailable.}

PUTRAJAYA, May 22 - The Court of Appeal today returned a unanimous decision that Barisan Nasional's Datuk Zambry Abd Kadir is the rightful Perak mentri besar, ruling that his Pakatan Rakyat rival Datuk Seri Mohammad Nizar Jamaluddinn had ceased to command the majority in the Perak state assembly.

The judges also ruled that the Sultan was right in appointing Zambry the MB and that there was no need for a vote of no confidence in the House against Nizar.

The three-member Bench comprising Justices Md Raus Shariff, Zainun Ali and Ahmad Maarop delivered judgment after hearing submissions from both parties yesterday.

However, the Court of Appeal decision is not expected to bring an end to the crisis in Perak as the parties can still appeal to the Federal Court.

This afternoon, security at the Court of Appeal was tight with police taking extra precautions in allowing people into the courtroom.

Nizar's counsel Sulaiman Abdullah said he would be filing an appeal.

Hundreds of PR supporters gathered briefly outside the court complex after the ruling was pronounced, and shouted slogans to back Nizar.

Neither Nizar nor Zambry were present in court today.

The DAP's Lim Kit Siang, who was present in court, said today's decision could spark more unhappiness with the administration of Datuk Seri Najib Razak.

Najib is seen as the man who engineered the Perak power grab in February that plunged the state into a constitutional crisis.

Lim said the best solution remains the dissolution of the state assembly to pave the way for fresh elections.

Yesterday Nizar had also said he wanted fresh elections whatever the court decision today was.

Last week the Kuala Lumpur High Court had ruled that Nizar was the rightful mentri besar because according to the state constitution the only way to remove an MB was through a vote of no confidence in the legislature.

The Sultan, the court ruled, could not dismiss a state's chief executive.

The Court of Appeal disagreed today, and accepted Zambry's argument that Nizar had already lost the support of a majority of the assembly when he went to seek the Sultan's consent for the legislature to be dissolved.

The Malaysian Insider

PERAK | May 22 - Disservice or Dissolution

Judgement Day is May 22 for the quest - who is the legitimate MB of Perak? The answer lies with 3 Judges to deliberate by 3.30pm tomorrow Friday 22nd May, 2009.

Everybody wins if judgement is for Nizar tomorrow. One for Zambry will be a disservice to the state and nation, plunging the country into deeper controversies and further waste.

Crap abroad and at home ...

While Anifah Aman talked down himself and Malaysia . . .

Another kind of talk took place in the shit house . . .