And why didn’t Nizar get stay of execution before…?
Zambry gets stay order, state in limbo
Hafiz Yatim | May 12, 09 11:58am
The Court of Appeal has granted a stay of execution on yesterday’s High Court decision which recognised Mohammad Nizar Jamaluddin as the rightful Perak menteri besar.
This will put on hold the decision of the High Court pending an appeal by Perak BN Menteri Besar Zambry Abd Kadir.
This means that rival MB, Mohammad Nizar Jamaluddin, cannot seek the sultan’s consent to dissolve the state assembly until the appeal has been heard.
Today’s decision puts an end to Nizar’s bid to return as the lawful MB. He had been in office for less than 24 hours since the High Court decision.
Zambry filed his appeal this morning and the issue will be heard on a date to be set by the Court of Appeal.
The appellate court’s decision has once again plunged Perak in limbo with both Barisan Nasional and Pakatan Rakyat fighting to claim power.
Court of Appeal judge Ramly Mohd Ali today heard the stay application on his own, departing from the usual practice of convening a three-member panel.
Such a departure is acceptable and has been done previously for various grounds.
Zambry’s lawyers argued that the stay is important to stop Nizar from trying to seek the approval of the Perak sultan to dissolve the state assembly.
His lead counsel Cecil Abraham added that if the dissolution were granted, Zambry’s appeal would be academic.
Meanwhile, Attorney-General Abdul Gani Patail, who was also in court today, supported the motion.
He argued that the suspension of the state secretary and state legal adviser by Nizar late last night was illegal as these are federal appointments.
Decision made at 1pm
Nizar’s lawyer Sulaiman Abdullah urged the court to fix an early date for the appeal hearing.
Counsels Cecil and Sunil Abraham represented Zambry while Nizar was represented by Sulaiman, Ranjit Singh and Edmund Bon.
In addition to Gani, AG’s Chambers prosecution division chief Abdul Majid Hamzah was in court.
BN and Umno lawyers, Hafarizam Harun and Firoz Hussein Ahmad Jamaluddin, held a watching brief.
Also in court were two PKR assemblypersons turned BN-friendly Independents – Mohd Osman Jailu (Changkat Jering) and Jamaluddin Mohd Radzi (Behrang). Their defections had made it possible for BN to take over the Perak government.
After the decision, which was delivered at about 1pm, Hafarizam urged Nizar to vacate his office to allow Zambry to move in.
Sulaiman meanwhile said he had to take instructions from Nizar on what to do next and on whether to file a review of the stay order.
In an immediate response, Nizar said he would seek legal advice on what to do next.
Regardless of what legal actions are taken by both parties, he said the matter must be resolved quickly.
[More to follow]