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Nizar fails to get full bench

Mohammad Nizar (file pic)
PUTRAJAYA, 5 Nov 2009: Embattled Perak Mentri Besar Datuk Seri Mohammad Nizar Jamaluddin today failed to get 11 judges to hear his final appeal in the Perak constitutional crisis when the Federal Court rejected his application for a full bench.

Instead, the ongoing battle between Mohammad Nizar and Barisan Nasional-installed Menteri Besar Datuk Seri Dr Zambry Abdul Kadir will be resolved by a panel of five judges.

This was the ruling made by the quorum led by Court of Appeal President Tan Sri Alauddin Mohd Sheriff. No reason was given for the rejection.

The other four judges who sat with Alauddin were Chief Justice of Malaya Tan Sri Ariffin Zakaria and Justices Datuk Zulkefli Ahmad Makinuddin, Datuk Wira Ghazali Mohd Yusof and Datuk Abdull Hamid Embong.

Not only was Mohammad Nizar’s application for a full bench rejected, but his alternative request for the appeal be heard by more than five judges was also refused.

On 28 Oct 2009, Mohammad Nizar filed his application to the Federal Court under Section 74 of the Courts of Judicature Act, asking for a full bench of judges, or alternatively a larger number of judges, to hear his appeal.

This morning, Mohammad Nizar, through his counsel, Datuk S Ambiga, told the court that the panel of judges should be enlarged as the case involved questions of public interest.

She said the apex court had set up a panel of seven judges to hear appeals in two drug cases previously.

She described the present appeal before the apex court as unique because not only did it involve a serious constitutional issue, both at the federal at state levels, but it also had tremendous impact on public interest.

“Issues concerning the Perak constitution have yet to be resolved. In this appeal, there are important constitutional issues involving interpretation of the Perak constitution which will have an impact on the Federal Constitution and thus concerns public interest.

“Any decision of this court will also impact on the people and set a precedent for other cases as well as history in the country’s jurisprudence,” she said.

Attorney-General Tan Sri Abdul Gani Patail, in his objection, said that the application must be made by way of judicial review, and not by a motion.

He said only the Chief Justice had the power to set up a full bench as provided by Section 74 of the Act.

Mohammad Nizar is appealing against the Court of Appeal’s decision which declared Zambry as the rightful menteri besar of Perak. 

On 11 May, the Kuala Lumpur High Court declared Mohammad Nizar as the legitimate Perak menteri besar, but the ruling was overturned by the Appeal Court on 22 May. — Bernama

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4 Responses to “Nizar fails to get full bench”

  1. Basically, Nizar’s motion was denied because 1) the motion should have been made in a judicial review and 2) the motion should have been addressed to the chief justice.

    But why is the Attorney-General stating the reasons for his objection? What is his part in the proceedings?

    It’s a conspicuous omission that the piece fails to name ex-Bar Council president Ambiga Sreenevasan as the one making the claims, not just some lawyer.

  2. tkwah says:

    PR and Nizam should just give up the fight at the courts and instead focus his energies and resources on preparing for the next general elections to trounce a morally bankrupt Barisan Nasional.

    Why? He only need to ask himself a simple question: How can a politically affiliated Chief Justice with business interests be expected to work against the party he came from?

    That in fact is a Politics for Idiots 101 question.

  3. DIASPORA says:

    Is Nizar not wasting his time going to the courts when he and every sane citizen in this country and overseas knows about the integrity of our judicial service? That the courts cannot intervene in the proceedings of the Assembly or Parliament is a constitutional provision that is being wilfully ignored. The repercussions for this will come later and possibly come to bear fully on our children and future generations who would curse us for not having stood up to fight this thievery that enables those from the very, very top to the bottom to abuse their positions vested in them by the citizenry. History has shown that in the final analysis the citizens will rise up. Let this not come about in a mad way in this country as it happened in France, Russia, Iran, Burma, etc. in years past. Power makes [people] mad. There may be no cure for that state of mind.

  4. racist 2 says:

    What a waste of time, can’t they just wait for GE 13? Unless of course they know they cannot win handsomely like GE12.

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