On Monday 11 May the Kuala Lumpur High Court had pronounced that Nizar was the legitimate menteri besar. Following that Zambry had to vacate the office to allow Nizar to return to power.
On Tuesday 12 May Zambry was successful in obtaining a stay order against the decision, pending his appeal to the Court of Appeal. No date has been fixed to hear the appeal. Yesterday Zaki’s boy, newly minted Court of Appeal Judge Datuk Ramly Ali outdid Marvel Comic character Flash, by fast-tracking the stay order, thus capturing the coveted “PERFORMANCE NOW”Award, and thus prompting this comment:
"There is disbelief within the legal profession that one of the most controversial cases to pass through the court system this year did not go before a full panel of appeal judges.
It is very rare for a single-judge Court of Appeal to grant a permanent stay of execution, say veteran lawyers. But it is not unprecedented for a single-judge Court of Appeal to hear an application for a stay of execution. It has happened before in
Ramly also did not allow counsel Sulaiman Abdullah, for Nizar, to apply to the appellate court to impose conditions on the stay order.
Today 13 May Perak Menteri Besar Mohammad Nizar Jamaluddin has filed an application at the Court of Appeal to set aside the stay order granted to his rival yesterday.
The set aside application was filed at the court registry in Putrajaya at 2.20pm.
We can expect a long wait for this one…..nobody is interested in this “Performance Now” Award, because when you become second in a race, you are actually the winner amongst the losers, NO? Moreover if you get two winners in a week you kinda cheapen the award. Anyway delay is OK, some have died in remand prison waiting for their appeals to be heard. What’s one corpse compared to the survival of the government. However, the rakyat can wait….it gives them opportunity to build up their anger.
However, DAP Perak secretary Nga Kor Ming sarcastically praised the Court of Appeal for expediting the case and granting a stay order a day after the High Court decision.
"We hope that the judiciary would show similar efficiency in the case of Osman and Jamaluddin," he said, in reference to the multi-million ringgit graft cases against Changkat Jering assemblyperson Osman Jailu and Behrang assemblyperson Jamaluddin Osman.” Dang I clean forgot about these two felons.
Back to the stay case. Another legal observer said that Ramly should have ONLY granted an INTERIM stay and not a permanent one.
Given the gravity of the case and political ramifications, several lawyers noted that the court registrar should have ensured that Zambry’s stay application was heard by a three-judge panel, and not one of the most junior appeal court judges.
Lim Kit Siang said that “the stay given by a single judge of the Court of Appeal did not overturn the High Court decision and could not be taken to mean that Zambry can continue to be illegal and illegitimate
“The lawyers I spoke to in the past few hours are shocked at the Court of Appeal single-judge ’stay’ decision.’’
I have made some observations: the High Court judges seem to have more moral spunk and independence than those in the Court of Appeals and Federal Court. Why?
Anyway for the crooked ones enjoy this nursery rhyme that I used to bore my two kids to sleep in their sarong-spring-rocking baby days:
URGENT: People, MOB1900 has a
for all but watch this video first.