All 19 in Perak released

Pakatan Rakyat assemblymen and MPs M. Kulasegaran (second from left), Jalong assemblyman Leong Mee Meng (third from left), Tronoh assemblyman N. Sivakumar (fourth from left) walking from Wisma DAP towards the Ipoh High Court before they were stopped and arrested by the police on Tuesday. - SAIFUL BAHRI/The Star

IPOH, May 26 2009– By Shannon Teoh | Malaysianinsider

All 14 of those arrested in connection with the hunger strike and aborted march from DAP headquarters to the High Court this morning have been released on personal bonds at 4pm.

The five workers of an event management company hired to put up the tent for the event who were arrested earlier remain in detention a while longer before they were allowed to leave at 4.20pm.

The five – two locals and three Burmese – were 'collateral damage' in the tussle between the authorities and Pakatan Rakyat.

Perak police chief Datuk Zulkifli Abdullah told a press conference that they were being charged under Section 41 of the Sedition Act as they had tried to put up banners asking the Sultan to dissolve the state assembly.

According to Ipoh Barat MP M. Kulasegaran, who was one of the 14, police are still looking to verify the status of the Burmese workers.

Others in the 14 include dumped assembly speaker V. Sivakumar, Kedah DAP chief Thomas Su and Perak PKR deputy chief Chang Lih Kang.

They were due to be released since 2pm but it was delayed by two hours as they refused to offer a surety, insisting they were not criminals.

According to Su, police said that they will make more arrests if PR insists on holding its candlelight vigil scheduled for 8pm tonight.

But PR looks set to continue despite this warning.

Former mentri besar Datuk Seri Nizar Jamaluddin also said that the hunger strike would continue despite this setback.

All 14 had also refused to eat when police offered them lunch.

PKR demands Aminah retract accusation, seeks damages

Penanti, May 26 — By Lee Wei Lian

PKR is taking legal action to defend itself against accusations by independent candidate Aminah Abdullah that it had tried to bribe her and is demanding that she retract her statement and issue a public apology.

The party is sending her a letter of demand today which gives her seven days to respond to its demands and is also seeking financial compensation for damages to the party’s reputation and that she refrain from making further defamatory statements.

Party election chief Saifuddin Nasution told reporters in a briefing today that he had listened to the recording provided by Aminah and commented that it was made when two party members who were friends with Aminah were invited to a meal at her house.

“It was a meeting with friends in a jovial setting. It gives the impression that she had the desire to return to the party and her friends would discuss it with top party leaders,” said Saifuddin.

The two PKR members, one alleged to be a member of the party’s supreme council and the other, an assistant to a Penang state executive councillor, are expected to issue their statements later today.

Aminah had submitted her evidence to the Election Commission in Georgetown this morning and claimed that one of the members who met her was PKR supreme council member Cheah Kah Peng.

She has also been interviewed by Malaysian Anti Corruption Agency (MACC) officials.

Aminah yesterday held a press conference where she claimed that her former party had tried to bribe her by offering the Penang deputy chief minister post and made available a three hour audio recording to back her allegations. She added that she also had photographic evidence but did not disclose who had met her.

She said that they also offered RM80,000 worth of compensation to withdraw from the contest but she did not accept it as she was “a person of principles”.

Another warrant out for Raja Petra

KUALA LUMPUR, May 26 2009 — Bernama

Blogger Raja Petra Raja Kamaruddin was served with another warrant of arrest by the Sessions Court here today when he failed to appear for a defamation trial against Datin Seri Rosmah Mansor and two others.

Raja Petra, 59, was accused with criminally defaming Rosmah (at the time when her husband was the deputy prime minister), her aide de camp Lt Col Norhayati Hassan and her husband, Lt Col Abdul Aziz Buyong in a statutory declaration at the Jalan Duta Court Complex at 10.25am on June 18 last year.

Judge Muhammad Sekeri Mamat issued a show cause letter against Raja Petra's wife, Mable @ Marina Lee Abdullah, who stood as bailor. Marina was also not present in the court.

The judge had set a three-day trial beginning today.

Raja Petra, who is represented by his counsel, Amarjeet Singh faces two years' jail or fine if convicted.

Muhammad Sekeri fixed July 2 for mention.

This is the second time Raja Petra had been served with a warrant of arrest. Petaling Jaya Sessions Court judge Rozina Ayob issued a warrant of arrest against him on April 23 when he failed to turn up for a sedition trial.

Hunger strike launched with eight elected reps to fast in lockup

A tent invaded, a state in disarray.

- Picture by Shannon Teoh

IPOH, May 26,2009 malaysianinsider

By Shannon Teoh —In yet another twist to the Pakatan Rakyat (PR) hunger strike, riot police arrested over a dozen people including eight elected representatives who tried to lead a march from the DAP headquarters to the Ipoh High Court.

The arrests took place after the launch of the planned three-day hunger strike by ousted mentri besar Datuk Seri Nizar Jamaluddin at the DAP headquarters here.

Those arrested include dumped assembly speaker V. Sivakumar, Ipoh Barat MP M. Kulasegaran, Kedah DAP chief Thomas Su and Perak PKR deputy chief Chang Lih Kwang.

Kulasegaran was taken with into the truck with the others despite insisting he was simply “walking” not “marching”.

Meanwhile, the tent that was erected for the event was taken down by Ipoh City Hall workers despite police earlier agreeing not to.

Earlier, the light strike force officers moved in at 7am, arresting two local and three Burmese workers from an event management company who were putting up the tent and a giant balloon.

The balloon was also confiscated.

Ousted mentri besar Datuk Seri Nizar Jamaluddin (R wearing a bandana) trying to negotiate with the police this morning. - Picture by Shannon Teoh

The officers then occupied the tent to block PR from continuing with their fast, which is part of a move to press for fresh elections in the silver state.

At 9.30am, the riot police were still under the tent just outside the DAP Ipoh headquarters and having breakfast.

A total of 40 policemen, two jeeps, four police cars, two vans and seven trucks were seen in the area.

Police later tried to remove the tent point but Perak DAP chief Datuk Ngeh Koo Ham negotiated with them. The police said the tent was an illegal structure but DAP leaders present pleaded with them “not to take sides”.

“If you want to take down illegal structures, there are many in my constituency,” said Su, the Pasir Pinji assemblyman.

In the end, the police stood down and left the tent alone. However, when PR leaders tried to take a group photo, police asked the crowd to disperse, insisting that any gathering outside private premises is illegal.

The crowd has moved on to the Ipoh High Court, where a suit by 817 village committee members appointed by PR is to be filed for wrongful dismissal by the BN government.

Retro Federal Court puts off Anwar’s appeal against sacking

Malaysianinsider | By Edward Cheah and Lee Wei Lian

Datuk Seri Anwar Ibrahim will have to wait yet again for the courts to hear his lawsuit against the government over his dismissal from the cabinet in 1998. – File picture by Choo Choy May

PUTRAJAYA, May 21 — Opposition leader Datuk Seri Anwar Ibrahim's lawsuit against the government was postponed today due to the large number of cases in the Federal Court.

The new date for hearing has been fixed for July 30.

With lawyers for both sides ready and waiting, the court clerk announced that the case would have to be postponed because of the Federal Court's tight schedule.

The court today was set to hear the appeal against the dismissal of the case last year by the High Court.

Ramkarpal Singh, counsel for Anwar, said that if successful the case could be thrown back to the High Court or in extraordinary circumstances the Federal Court could hear the case.

If the appeal is unsuccessful it will likely be the end of the road for the case as the Federal Court is the last court available for appeal.

Anwar is suing former Prime Minister Tun Dr Mahathir Mohamad and the government for wrongfully sacking him as the finance and deputy prime minister in 1998.

Nizar finally surrenders Camry

IPOH, May 24 - After months of clinging on to the one symbol he had of his days as Perak mentri besar, Datuk Seri Mohammad Nizar Jamaluddin finally surrendered the keys to the Toyota Camry 'AGS 10' here today.

The former chief executive, as a sign of respect for Friday's Court of Appeal decision, personally handed over the keys to a security guard at the State Secretariat at 8.10am this morning.

Unlike before when Nizar returned the keys to the official mentri besar's residence however, the surrendering of AGS 10 was done quietly and without media attention.

When contacted, Nizar's aide Amran Harun admitted that the vehicle had been surrendered and said the State Secretariat had requested for its return on Friday evening, just hours after the court delivered its decision.

The Court of Appeal had reversed the Kuala Lumpur High Court's decision to declare Nizar as the rightful mentri besar and instead ruled that Datuk Seri Dr Zambry Abd Kadir's appointment as his successor had been legitimate.

"It is just a sign of respect, to show that we acknowledge the court's decision," said Amran.

He noted that this was not however a sign of concession for Nizar, who is still appealing the Court of Appeal's decision.

"Nizar is actually just fulfilling the promise he had made earlier.

"We feel that it is enough, there is no need to prolong the issue," added Amran.

Upon surrendering the keys to the mentri besar's residence in February, Nizar had told the media that AGS 10 would remain in his possession until the court decided that he was not the mentri besar.

Since then, he has been travelling across the state in the vehicle as a sign that he had not conceded to the Barisan Nasional government.

PKR faces 3 for Penanti

PENANTI, May 23 — By Lee Wei Lian and Syed Jaymal Zahiid | malaysianinsider

Parti KeAdilan Rakyat's (PKR) Dr Mansor Othman will face three independents in the Penanti by-election this May 31 after one was disqualified.

The Barisan Nasional has opted out of the by-election in Penanti, within PKR de facto leader Datuk Seri Anwar Ibrahim's Permatang Pauh political fortress, calling it an abuse of the electoral process.

Mansor and the four independents, Aminah Abdullah, Mohd Saberi Osman, Nai Khan Ari and Kamarul Ramizu Idris, filed their nomination papers at the youth skills complex in Bukit Mertajam this morning.

Returning officer Roslan Yahaya declared all eligible except for Saberi after the objection period ended at 11am. There were six objections against him. Roslan did not disclose the reason why Saberi was disqualified.

According to PKR vice-president R. Sivarasa, PKR's objection that Saberi was a bankrupt was accepted by the Election Commission and that was the reason the independent hopeful was not allowed to contest.

With Barisan Nasional out of the picture, PKR took premium space in Penanti as supporters and flags crowded the road to the nomination centre.

Mansor was accompanied by Pakatan Rakyat leaders as he made his way to the nomination centre just before 8am.

Among the Pakatan leaders who arrived later to join Mansor was Anwar, Selangor Mentri Besar Tan Sri Khalid Ibrahim, ousted Pakatan Rakyat Perak Mentri Besar Datuk Seri Mohammad Nizar Jamaluddin and Azmin Ali.

Penang Chief Minister Lim Guan Eng and his father, DAP veteran leader Lim Kit Siang, were among those outside the nomination centre.

"At Penanti, no electricity in the air without BN," Kit Siang posted in his Twitter account.

Police presence was limited to 150 personnel, who blocked the road to the nomination centre.

About 50 makeshift stalls lined the road hoping for a windfall from the by-election called when incumbent Mohammad Fairus Khairuddin quit the seat on April 16, just over a week after resigning as Penang deputy chief minister I following graft allegations.

The double master’s politician has been cleared of the allegations and has said he will pursue further studies.

Mansor is expected to win the seat and replace Fairus as DCM I despite the four-cornered fight in Penanti.

“If I win, I will be made deputy chief minister of Penang, and that means a lot to the people of Penanti and Penang,” Mansor said.

This is the sixth by-election since Election 2008. Barisan Nasional has not won in any of the four previous by-elections in Peninsular Malaysia, only winning in Batang Ai in Sarawak.

Another by-election will be held in the rural Kelantan state seat of Manek Urai after its five-term assemblyman Ismail Yaacob from PAS died yesterday.

There were calls within Barisan Nasional to run in the Penanti by-election but coalition chairman Datuk Seri Najib Razak, who is prime minister, decided with coalition leaders on May 18 to sit out.

The last time Barisan Nasional sat out of a by-election was in 1974, a decision taken by Najib's father Tun Abdul Razak Hussein when a court ruled a vacancy in a DAP-held seat.

Independent candidate Aminah told reporters outside the nomination centre that she was contesting for justice and truth and that she left PKR because “it has lost its way”.

The ex-leader of Penang PKR Wanita arrived with eight family members as supporters.

Former Gerakan member Nai Khan, 41, resigned from the party to run for the seat, saying he was disappointed that BN is not contesting.

The ethnic Siamese from Penanti told reporters at the nomination centre that he feels he can represent all communities.

Saberi turned up at the nomination centre before 9am, accompanied by 20 supporters.

He simply shouted "Hidup Bebas" as he entered the complex.

Kamarul, who came in his trade-mark black outfit, had contested in the Bukit Gantang parliamentary by-election last month but received only 62 votes.

The four who will contest the Penanti by-election (from left) — independent Kamarul Ramizu Idris, PKR’s Dr Mansor Othman, and independents Nai Khan Ari and Aminah Abdullah. — Picture by Choo Choy May

Unperturbed by his previous performance, Kamarul told reporters: “I want to establish a new party – Parti Iman Semalaysia – which practises sincere politics. I am self financed with no sponsors.”

When contacted, Saberi said he was disqualified due to a problem with his guarantor.

The 2008 electoral roll that was updated April 16 records 15,384 registered voters with 24 postal voters.

The electorate comprises 72.68 per cent Malays, 24.22 per cent Chinese, 2.39 per cent Indians and 0.71 per cent others.

Nizar, Sivakumar on hunger strike for fresh polls.

IPOH, May 23 — By Shannon Teoh | malaysianinsider

Datuk Seri Zambry Abd Kadir may have mentioned Mahatma Gandhi but it is Datuk Seri Nizar Jamaluddin who will walk the talk.

In its latest bid to force state elections, Pakatan Rakyat will organise a three-day hunger strike starting on Tuesday that will be led by the ousted Nizar and dumped state speaker V. Sivakumar.

The hunger strike was planned before the Court of Appeal yesterday unanimously overturned the High Court decision that Nizar is the rightful Perak mentri besar.

But the new ruling, which was greeted with disgust from several PR supporters, will likely add numbers to the planned fast.

It will take place in front of the DAP headquarters here, which sits not 50 metres from the gates of the state secretariat, the seat of power that has swung between Nizar and Zambry.

Perak DAP secretary Nga Kor Ming also confirmed that PR would appeal to the Federal Court as the Court of Appeal decision had set a dangerous precedent.

"The ruling means that the Sultan can decide who is mentri besar and also that the Agong can decide who is prime minister. This devolves our system from a constitutional monarchy to an absolute monarchy," the former state executive councillor said.

Nga, who is the de facto No. 2 in Perak DAP, said that if the apex court, which has final say on matters, rules in favour of Nizar, it would "restore Perak's finest moment."

At the press conference, Ipoh Barat MP M. Kulasegaran also slammed the judiciary for being incapable of dealing with constitutional matters.

He suggested a constitutional court presided over by experts in this field to be set up.

Notes of Decision in Zambry v Nizar Case (CoA)

These are the notes taken of the Court of Appeal’s Decision in the MB v MB matter delivered orally on 22.5.2009 by Raus Sharif JCA on behalf of the His Lordship, Zainun Ali JCA and Ahmad Maarop JCA. Any mistakes herein are mine.

Firstly, we would like to thank counsel in assisting us to arrive at our decision. The decision is unanimous and these are our views:

1. The granting or withholding of consent to dissolve the State Assembly is a royal prerogative to be exercised by His Royal Highness (HRH).

2. From the facts of this case, the request made by the Respondent (Nizar) to dissolve the State Assembly was made under Article 16(6) of the Perak Constitution, and not under Article 36(2).

3. Under Article 16(6) of the Perak Constitution, upon the exercise of HRH’s royal prerogative to withhold consent for dissolution, the Respondent shall tender his resignation.

4. There is no mandatory, express requirement that provides for a motion of no-confidence to be passed in the State Assembly against the Respondent before he ceases to command the confidence of the majority.

5. The fact that the Respondent has ceased to command the confidence of the majority may be ascertained through extraneous means. We approve the case of Amir Kahar. The case of Stephen Kalong Ningkan, adopted by the learned Judge (High Court), is distinguishable on its facts.

6. HRH was right to make enquiries to satisfy himself whether the Respondent had ceased to command the confidence of the majority before deciding on the Respondent’s request for dissolution.

7. On the facts of the case, it is clear that the Respondent had ceased to command the confidence of the majority thus HRH, in accordance with Article 16(6), was right to appoint the Appellant (Zambry) as Menteri Besar of Perak after being satisfied that the Appellant commanded the confidence of the majority.

8. The learned Judge (High Court) erred in law when interpreting the Perak Constitution. He failed to properly appreciate the evidence rendering his decision clearly wrong.

The appeal is allowed. The orders of the High Court are set aside.

…[Exchange between counsel for Nizar and Zambry with the Bench on the issue of costs.]

No order as to cost.

…[Exchange between counsel for Nizar and Zambry with the Bench on ancillary matters:

Haji Sulaiman: My Lords and My Lady, I have been instructed to appeal the decision. Due to the urgency of the matter, I pray that Your Lordships and Ladyship supply us with the grounds of judgment as soon as possible.

Raus Sharif JCA: I have tried to prepare the full grounds last night but could not do so. Will supply in a week's time. What about the application to set aside the stay?

Haji Sulaiman: We leave it to the Court to decide.

Raus Sharif JCA: Isn't it academic already?

Haji Sulaiman: We are of the view that the Court of Appeal was wrong to grant the stay. To say that we concede is not entirely correct but it has served no purpose anymore. We therefore leave it to Your Lordships and Ladyship to decide. Alternatively, for a Court to to fix a hearing date.

Cecil Abraham: We seek that the application be dismissed.

Raus Sharif JCA: Enclosure 9(a) is dismissed.

Haji Sulaiman: My Lord, it should be struck out as it has not been heard on the merits.

Raus Sharif JCA: Yes. Application struck out.] — loyarburok.com

Quotes that illuminate the Perak impasse

KUALA LUMPUR, May 22, 2009 — malaysiainsider

What people say in the heat of the moment can sometimes be so deep, so cutting and so illuminating.

After the Court of Appeal unanimously overturned a High Court judgment and ruled that Datuk Zambry Abdul Kadir was the rightful mentri besar of Perak, both sides had much to say.

The Malaysian Insider examines some of the more colourful quotes.

• Lawyer Sulaiman Abdullah was stunned after hearing the unanimous decision. He offered this gem dripping with sarcasm: “We have extraordinary judges with extraordinary ability.”

It is a rare day anywhere when a losing party walks out of court with a pearly smile and magnanimity. In Malaysia, it is almost never heard of, no thanks to the cloud of suspicion which has hung over the judiciary since the sacking of the judges in 1988.

Judge-fixing, elevation of less competent judges, suspect judgments and the tawdry V. K. Lingam video clip affair have all combined to strip this important institution of the one ingredient it needs so badly to function – credibility.

So even before Justices Ab Rauf Shariff, Zainun Ali and Ahmad Maarop delivered their judgment today, the cynics already wrote off Nizar’s chances of getting a good hearing. The cynics argued that High Court Abdul Aziz Abdul Rahim’s decision in favour of Nizar was a one-off, an aberration.

How did we get to this point where public trust in institutions has reached abysmal levels? How did we get to the point where even the man on the street thinks nothing of mocking the “Hakim”?

Maybe we just had too many days like today.

The Court of Appeal today decided that when Nizar was granted an audience by the Sultan of Perak, he had lost the confidence of the majority of the assembly, and the Malay Ruler was spot on in asking him to step down.

The court added that there was no express provision for a vote of confidence to be taken in the state assembly. The Justices appeared to rely on a statement made by Justice Abdul Kadir Sulaiman in the Amir Kahar case (1995).

“The evidence that a chief minister ceases to command the confidence of the majority members of the Assembly … is not only available from the votes taken in the Assembly. There is nothing in the Constitution which can be construed as requiring that the test of confidence must be by a vote taken in the Assembly itself. That fact can be evidenced by other extraneous sources….”

This paragraph was relied on by the Justices to support their decision that there was no necessity to go to the assembly to test whether Nizar commanded the confidence of the majority of the assembly. In this instance, the Sultan acting on evidence by other extraneous sources, was right to reach the conclusion that Nizar had lost the confidence of the assembly.

The big problem with relying on this statement by Abdul Kadir Sulaiman is that it was a comment made in passing. It formed the obiter dicta in the case, or a remark by the judge which does not form part of the court’s decision. The obiter dicta are not the subject of the judicial decision.

Perhaps that is the reason why Sulaiman Abdullah noted that Malaysia has “extraordinary judges with extraordinary ability.”

• Pakatan Rakyat defector Jamaluddin Mohd Radzi said that his decision to back Barisan Nasional (BN) was justified. “They kicked me out, saying that I had resigned my seat. So I had to find a government that will support me,” said the Behrang assemblyman.

He urged the public to accept the court’s ruling. “If they respect the rule of law, then the government will definitely be stable,” said the lawmaker, who is eminently qualified to speak about the law and dispense advise.

He and his fellow defector Osman Jailu know a thing or two about the inside of a courtroom, having been charged with corruption last year. Jamaluddin has always tried to paint himself as the wronged party, the lawmaker who had little choice but to defect because he was on the verge of being kicked out.

The lawmaker who had lost confidence in Datuk Seri Nizar Jamaluddin because Nizar seemed to be under the thumb of the DAP.

But his disappearance for several days prior to the defection, his sheepish demeanour after resurfacing in Putrajaya and absence of remorse for deceiving his constituents exposed him for what he is – a politician driven by self-interest and little else.

His comment after the Court of Appeal decision (saying that he was vindicated by the ruling) only confirms that self-preservation was his only motivation for defecting.

• BN’s lawyer Datuk Hafarizam Harun was jubilant after the Court of Appeal decision, declaring: “the right to choose the mentri besar and prime minister is the ultimate right of the sultan.”

Wow! That is a powerful statement with serious consequences for a parliamentary democracy. So does the Yang Di-Pertuan Agong have the power to choose who should lead Malaysia?

Can the Agong after learning that several BN lawmakers have crossed over to the Pakatan Rakyat ask Prime Minister Datuk Seri Najib Razak to stand down?

Surely not.

Is Malaysia a constitutional monarchy or an absolute monarchy? The Court of Appeal’s decision today tilts Malaysia towards the latter, towards a return to more feudalistic days.

The decision vests the Malay Rulers more power than what is outlined in the Federal Constitution.

Several weeks ago, Tun Dr Mahathir Mohamad said: “I don’t think anyone wants a return to feudalism. Going back to feudalism will be a big mistake. The system we have has worked very well for us until the present case in Perak.”

So the IPOH drama continues...Pt 5

Nizar : PR will ask for leave to lodge an appeal by Monday.
PUTRAJAYA, May 22 — By Asrul Hadi Abdullah Sani | malaysianinsider

Barisan National (BN) lawyer Datuk Hafarizam Harun today claimed triumphantly that there is no longer any crisis in Perak with the Appeals Court judgment that ruled in favour of Datuk Zambry Abdul Kadir as the state’s mentri besar.

“In accordance with other Commonwealth countries, the right to choose mentri besar and prime minister is the ultimate right of the sultan,” Hafarizam told reporters outside the courtroom in the Palace of Justice.

“So the result today shows that the action by the sultan to appoint Zambry is one which is in accordance with the law,” he added.

Pakatan Rakyat (PR) supporters nearby jeered at him, saying “This is not justice,” and “We will know the truth on judgment day.”

But Hafarizam was unfazed.

He said that judges had agreed that the sultan was right in calling all 28 assemblymen from Barisan Nasional and the three independent assemblymen to verify their loyalty, thus avoiding the need to dissolve the 59-seat state assembly.

Another BN lawyer, Firoz Hussein Ahmad Jamaluddin called the verdict historic as it justified the decision made by the sultan and the appointment of Zambry as lawful.

“It is very important that this decision brings Malaysian law in-line with the laws throughout the Commonwealth, particularly also with the law in the United Kingdom.

“That is the appointment of the chief minister and also the issue with the state assembly is the prerogative of the crown. So it is a very important decision in the law and of course they have the right to appeal but I think Barisan Nasional is very pleased and delighted with the decision,” Firoz told reporters.

Both lawyers confirmed that the ruling coalition is confident to face the appeal because they believe that decision made by the Court of Appeal is water-tight and with basis.

“We will have to face the issue of seeking leave to appeal because appeal from the Court of Appeal is not automatic. It will require leave and of course this issue is one of public interests,” Firoz added.

Hafarizam also said that the request for dissolution will now become academic because BN has the rightful mentri besar as of February 6 when the sultan appointed Zambry.

Ousted mentri besar Datuk Seri Nizar Jamaluddin’s lawyer Sulaiman Abdullah was, however, greeted like a hero even though the lawyer looked very disappointed.

He did not give any comments, saying he believed that lawyers do not comment about decisions even if it is in their favour. But he confirmed that PR will ask for leave to lodge an appeal by Monday.

Zambry is MB, rules court .

PUTRAJAYA, May 22, 2009 - By Neville Spykerman | malaysian

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.

"It is clear the respondent (the state opposition leader) had ceased to command confidence of the Perak state assembly. The Sultan was right to appoint Zambry," Md Raus said.

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.

Md Raus said he had attempted to write the judgement last night but failed.

He assured Suleiman they would have one within a week.

Later when asked if he was shocked at the court’s decision Sulaimansaid “We have extraordinary judges in Malaysia with extraordinaryabilities”.

He added there was no automatic right of appeal to the Federal Court. Permission to appeal must be obtained from the Court of Appeal.

“We are disappointed but not surprised at the decision.” said former PR Perak executive council member Nga Kor Ming.

He said although they may have lost the legal battle but they had wonthe hearts of people. “The people will judge the judgement.”

He added the courts were not the best way to solve the crisis and itis better to let the people decide.

Meanwhile BN lawyer Firoz Hussein said there was no need for freshelections in Perak. “To us it’s already academic because the court has affirm the Perak ruler was right when he withheld consent to dissolve.”

Hundreds of PR supporters gathered briefly outside the court complex after the ruling was pronounced, and shouted slogans to back Nizar, including chanting “Refomasi” and “Bubar DUN”.

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.

Meanwhile, Bar Council president Ragunath Kesavan said the decision seemed to suggest that rulers have more power than what is stated in the constitution.

"This would be a huge burden for the rulers in future situations because they can no longer say that the decision should go to the state assembly," he explained.

Ragunath added that the decision did not resolve the constitutional issues involved in the Perak fiasco and echoed popular sentiment that it would be best to bring the matter back to the people for a fresh mandate.

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.

Md Raus who delivered the grounds said Nizar had sought the dissolution under article 16(6) of the Perak constitution and not article 36(2) as argued by his lawyers.

Article 36(2) is generally used to call for elections after an end of term and the question of resignations does not arise.

However under article 16 (6) the Ruler has the discretion to refuse to dissolve the assembly and Nizar must resign along with his state executive council members.

The court ruled there was no legal requirement for a vote of no confidence to be takes against Nizar and the Ssultan could looks at other means to determine if he has lost the support of his fellow lawmakers.

In this case the Sultan was right to speak to the three independent and 28 BN lawmakers and it is was clear Nizar had lost the support of the majority in the House.

He added that the High Court judge had wrongly interpreted the Perak constitution.

Kelantan Speaker To Notify EC Of Vacant Seat Monday

KUALA KRAI, May 22 (Bernama) -- malaysianinisider

Kelantan State Assembly Speaker Mohd Nassuruddin Daud is to notify the Election Commission of the vacant Manik Urai state seat on Monday.

He said that today and tomorrow were the weekend holidays in Kelantan and tomorrow and Sunday the weekend holidays in Kuala Lumpur.

"We will notify the EC of the vacancy on Monday," Mohd Nassuruddin told reporters after paying his last respects to Manik Urai state assemblyman Ismail Yaacob who died of a heart attack today.

Ismail, 60, died at 5.55am at the Raja Perempuan Zainab II Hospital in Kota Baharu. He was admitted to the hospital in April.

He leaves a wife, Siti Zaharah Ibrahim, and 10 children.

DAP protests ‘doctored’ BN DVDs

KUALA LUMPUR, May 21 – By Melissa Loovi | malaysiainsider

Slamming Barisan Nasional (BN) for its attempt to “hoodwink” the people, Perak DAP chairman Datuk Ngeh Koo Ham said double standards are obviously being practised.

“When we showed the recording of the May 7 incident at a DAP dinner in Sitiawan, it was abruptly stopped by the police,” the Beruas MP said in a press statement.

“But MCA was free to show its distorted version of the incident at their dinner last Sunday in Ipoh.”

As another example, Ngeh cited the arrest of Tebing Tinggi assemblyman Ong Boon Piaw over the DVD of the infamous “tree assembly” produced by the DAP.

“When BN/MCA produced 50,000 DVDs with distorted versions of the May 7 incident, they are free to do so. Is there any more law in this land? Why the double standards?”

Ngeh, a senior lawyer, went on to chide the police and Home Minister Datuk Seri Hishammuddin Hussein for “clearly practising double standards to prevent the people from learning the truth.”

The former Perak exco leader is especially upset that all footage of Pakatan Rakyat (PR) Speaker V. Sivakumar being dragged out of the assembly was conveniently omitted from the 25-minute DVD.

Yesterday, BN-appointed Mentri Besar Datuk Zambry Abdul Kadir denied that his state government is backing the distribution of the 50,000 DVDs.

He added that Dr Mah Hang Soon, Perak MCA Youth chief, may have released the DVDs in his personal capacity.

This contradicts what Mah had said a day before that the Perak BN government has embarked on a DVD battle with PR. He even said that copies of the discs would be placed in BN component party offices or in the offices of state executive councillors.

Penanti poll likely to see four-cornered contest

PENANG, May 22,2009 — malaysianinsider — Bernama

The by-election in the Penanti state constituency, nomination for which is tomorrow, is likely to see a four-cornered contest, with a candidate from Parti Keadilan Rakyat (PKR) and three independents.

Nomination will take place at the Dewan Perdana of the National Youth Skills Institute (IKBN) in Penanti. Polling is on May 31.

PKR has named Mansor Othman, 56, the Penang PKR deputy chairman, as its candidate. The independent candidates are likely to be businessman Mohd Saberi Othman, 49, former Penang Parti Keadilan Nasional (KeAdilan) Wanita chief Aminah Abdullah, 56, and manufacturing company manager Nai Khan Ari, 41.

Mansor contested the Pulau Betong state seat in the general election last year, but lost to Muhamad Farid Saad of the Barisan Nasional (BN).

Nai, who has collected a nomination form, is expected to announce his candidacy today.

The by-election is being held following the resignation of incumbent assemblyman and former Deputy Chief Minister I Mohammad Fairus Khairuddin to pursue post-graduate studies.

The excitement of a by-election seems to be lacking as the BN is skipping this contest because it feels it is not an election provided for by the constitution and that it came about owing to a PKR internal problem.

Penanti has 15,384 voters, with 72.68 per cent of them Malays, 24.22 per cent Chinese, 2.39 per cent Indians and 0.71 per cent of other communities.

Gerakan and MCA split over Tsu Koon

KUALA LUMPUR, May 21 - By Syed Jaymal Zahiid | Malaysianinsider

Rivals for decades over the same Chinese voter base, Gerakan and MCA are now bickering again over the appointment of Tan Sri Koh Tsu Koon as Barisan Nasional (BN) head in Penang.

MCA grassroots members in Penang are said to be up in arms over Koh’s appointment by BN chairman Datuk Seri Najib Razak.

MCA has long eyed Penang since they lost the state in 1969 to Gerakan, then contesting in the opposition.

And after last year’s clean sweep by DAP in Penang, local MCA leaders had been hoping to take up a leadership position in the state’s BN machinery.

Koh has also been singled out for blame for BN’s losses in Penang, with many MCA leaders pointing to his poor performance and indecisive leadership as chief minister as major factors.

Animosity towards Koh however is not new.

When BN won Penang in the 1999 general elections, MCA dominated the state assembly following defections from Gerakan but instead of appointing a leader from MCA as the chief minister, then BN chairman Tun Dr Mahathir Mohamad gave the post to Koh causing widespread discontent among the party’s leaders and supporters.

And the fact that Najib has once again made Koh the BN head there has sparked fresh accusations that the Umno president is not sensitive towards the sentiment on the ground.

A Bernama report today quoted the Penang MCA chief Datuk Liow Tiong Lai as admitting there was discontent in his party over Koh’s appointment.

Liow said, however, that he would have to respect Najib’s decision.

“If we want to win the state in future, he should not use the normal approach. He should actually cultivate and train more younger leaders to handle the issues in Penang,” he said.

“Gerakan alone cannot win Penang. It must have the support of the MCA and Umno to win back the state,” added Liow.

Zaid blogs, asks Najib to articulate his reforms

KUALA LUMPUR, May 21 - 2009 | Malaysianinsider

Maverick politician Datuk Zaid Ibrahim began blogging today, challenging Datuk Seri Najib Tun Razak to articulate his economic reforms in the upcoming Umno special assembly or in Malay-language newspapers rather than in the English media.

Writing in his myzaidibrahim.wordpress.com blog, the former law minister also cautioned the Prime Minister to watch out for his Umno warlords whom he said were fair-weather and have vested interests

"I want to see Dato Seri Najib make this speech and elaborate further about reforms in Bumiputera policies at the Umno special assembly, for example," wrote Zaid, referring to economic reforms Najib told the Singapore Straits Times on the eve of his official visit today.

Zaid, who quit the Abdullah administration over ISA arrests last year, had earlier this year asked the King not to appoint Najib to replace Tun Abdullah Ahmad Badawi as prime minister.

Najib took office on April 3 while Zaid has said he is considering his next political move.

"It is time he drafts a new map for the future direction of Malaysia and Malaysians. And also a new map for Umno," added Zaid, who once headed Malaysia's largest law partnership named after him.

He noted new prime ministers had always made progressive and liberal announcements, citing former premier Tun Dr Mahathir Mohamad and Abdullah but faltered in implementation.

He said he was not confident of Najib's success to push reforms especially those announced in English newspapers, asking the prime minister to disclose them in Malay-language papers like Utusan Malaysia.

Zaid also hoped Najib was not being overconfident that all Umno warlords are his friends, cautioning him to be careful as "I want to see his reforms succeed."

"He will soon feel the pressure and threays. They are toxic and fierce.

"If Dato Seri Najib is the main warlord now, he should look over his shoulders for his political security," he wrote.

Zaid said Najib should not be afraid that Malays would be angry over economic reforms, adding equitable changes that prioritise those who are in need will not upset anyone especially the Malays.

"The angry are those who benefit and get their pay due to their links to politics and people in power.

"What we want is a PM who is not afraid of old issues and premises that are used to keep the status quo. Those who don't want changes like to frighten as that is they way to keep their influence and power," Zaid said.

In his initial post to start the blog, he noted that many people have said Dr Mahathir is the most popular blogger around.

"That may be true. But we all can be popular. We just have to remember that we use our popularity for the good of all," he added, thanking a few people and services provider Greenpacket for helping him start blogging.

Judgment day tomorrow in MB vs MB case

Nizar and his wife taking a break from the hearing. - Picture by Choo Choy May

May 21, 2009

PUTRAJAYA, — By Neville Spykerman | Malaysianinsider

The Court of Appeal will decide tomorrow if it agrees with the Kuala Lumpur High Court’s ruling that Datuk Seri Nizar Jamaluddin is the rightful Perak mentri besar.

A three men panel heard submissions today from lawyers representing Barisan Nasional’s (BN) Datuk Seri Dr Zambry Abd Kadir and Pakatan Rakyat’s (PR) Nizar, in what was a repeat of the protracted trial in the High Court.

Both teams put forward the same arguments they made during the high court case.

Zambry’s team arguing that Article 16 (6) of the Perak constitution allowed the state ruler to ask the MB to resign if he is deemed to have lost the confidence of the state assembly.

Nizar’s lawyers contended that a state chief executive can only be deemed to have lost the confidence of the legislature through a vote in the state assembly.
Justice Raus Shariff says question before court is whether the trial judge had interpreted the Perak Constitution correctly.

"If wrong, the appeal will be allowed, if right, the appeal will be dismissed," he said.

The following day Zambry filed an appeal and obtained a stay order from Court of Appeal judge Ramly Ali who had sat as a single judge.

Following this Nizar filed his own application to set aside the stay order granted to Zambry.

Nizar's application is to set aside the stay order obtained by Zambry against the High Court ruling which had declared Nizar as the legitimate mentri besar.

Nizar addressing the media with other Pakatan Rakyat coalition partners after his appeal was heard at the Court of Appeal this afternoon. – Picture by Choo Choy May

He had also requested that the matter be heard by a five-member Court of Appeal panel, instead of the usual three, as it was a matter of public interest and touched on constitutional issues.

However, Nizar failed to get his request. It is learnt that his letter of request did not reach the Court of Appeal president Alauddin Md Sheriff on time.

This morning, the parties agreed that Zambry's appeal will be heard first.

The three-member panel hearing the matter comprises Justices Abdul Raus Sharif, Datuk Zainun Ali and Ahmad Maarop.

This legal battle between Nizar and Zambry is largely seen by many as the final judicial attempt by either party to stamp their authority as the rightful and legitimate Perak menteri besar.

The hearing is expected to take a few days before the court makes a ruling on both the matters before it.

The hearing began with Zambry's counsel Datuk Cecil Abraham arguing that High Court judge Abdul Aziz Ab Rahim had not given proper weight to the evidence produced on the legality of Zambry's appointment.

Cecil said the evidence had showed that the Sultan of Perak had ordered Nizar to resign which the latter had refused to do so.

The constitutional provision provides that Nizar resign following the Sultan's directive, said counsel.

Cecil said the Ruler was only exercising his royal prerogative under Article 16(6) of the Perak constitution to reject Nizar's request for the assembly to be dissolved.

Attorney-General Tan Sri Abdul Gani Patail, who has intervened in the matter to assist the court, started his submissions after Cecil ended his.

Gani said there were no provisions under the Perak constitution for a mentri besar to be voted out through a vote of no confidence to show that he had lost the majority in the House.

He argued that if the mentri besar had lost the confidence of the House, he must resign.

Nizar's lawyer Sulaiman Abdullah submitted after the lunch break.

He said that there was no provision in the state constitution that gave express power for the sultan to sack a mentri besar.

He argued that the Sultan could dismiss the state exco but not the MB.

Read also Idham Lim reports

Umno not contesting in Penanti

May 19, 2009 - Alasan tak bertanding hanya dalih Umno-Nik Aziz

If March 8, 2008 marked the shattering of the myth of Barisan Nasionals invincibility, May 18, 2009 the day the once formidable coalition declined to contest a by-election may well go down in history as the beginning of the coalitions end.

This is the prognosis of PKR leader Anwar Ibrahim who in remarks made to Malaysiakini today expressed surprise that although BN had earlier signaled a reluctance to contest, it has elected to go with its instincts and sit out the by-election.

They say perception is everything in politics so this decision not to contest cannot avoid being perceived as the BN finally acknowledging it is beaten in what can be regarded as its heartland, opined Anwar.

Dato' Seri Anwar Ibrahim, di Petaling Jaya

[ video inside ]

'Hishammuddin, asked to explain abuse of police powers'

May 20, 2009 - Serdang lawmaker Teo Nie Ching, one of 11 people arrested but denied access to their lawyers last night, has demanded that Home Minister Hishammuddin Hussein should explain the abuse of power by the police.

She directed the same question to Brickfields OCPD Wan Ahmad Bahari Wan Ahmad Khalid as his officers had invoked section 28A(8) of the Criminal Procedure Code. This allows the police to stop those arrested from contacting a lawyer.

Anwar cabar kesahihan pemecatan TPM esok

KUALA LUMPUR,20 MEI 2009 (SuaraKeADILan) -

Ketua Umum KeADILan Anwar Ibrahim akan mengemukakan rayuan bagi didengar di Mahkamah Persekutuan Putrajaya esok bagi mencabar keputusan berkaitan kesahihan pemecatan beliau dari jawatan Timbalan Perdana Menteri pada 1998.

Rayuan berkenaan akan dibuat pada jam 9 pagi di Putrajaya mencabar kesahihan pemecatan tersebut kerana ianya tidak menuruti lunas Perlembagaan.

Perdana Menteri ketika itu Tun Dr Mahathir Mohamad memecat Anwar atas fakta yang diberikan beliau mempunyai kuasa mutlak kerana Perdana Menteri yang membuat lantikan, justeru beliau juga berhak memecat.

Bagaimanapun Anwar memfailkan saman terhadap TMahathir berdasarkan pemecatan itu berlawanan dengan prosedur.

Mahkamah Persekutuan akan bersidang untuk mendengar rayuan Anwar berhubung pemecatan beliau dari jawatan Timbalan Perdana Menteri pada tahun 1998.

Khir Toyo digantung setahun dari sidang Dun

English Version :Khir Toyo suspended for one year for contempt

KUALA LUMPUR, 20 MEI (Suara KeADILan) -BEKAS Menteri Besar Selangor Dr Mohd Khir Toyo telah digantung dari menghadiri sidang Dewan Undangan Negeri Selangor selama setahun berikutan dengan beberapa pertuduhan keatasnya.

Keputusan berkenaan diambil oleh Jawatankuasa Hak dan Keistimewaan Dewan Undangan Negeri (DUN) semalam setelah Khir - yang juga Ketua Pembangkang Selangor didapati tidak menghadiri siasatan Jawatankuasa Pilihan Khas Mengenai Keupayaan, kebertanggungjawaban dan Ketelusan (Selcat) Selangor Mac lalu berhubung perbelanjaan dana agensi kerajaan negeri.

Jawatankuasa berkenaan turut mendapati beliau bersalah terhadap tiga tuduhan membuat kenyataan yang menghina legitimasi Selcat, dalam media dalam dalam blognya.

Menurut laporan media, Dr Mohd Khir digantung selama setahun daripada menghdiri sidang DUN kerana gagal menghadiri siasatan awam tersebut, dan digantung masing-masing enam bulan bagi setiap tuduhan tersebut.

Selain Khir, Adun BN Warno Dogol (Sabak), Isa Abdul Kasim (Batang Kali), Marsum Paing (Dengkil) dan Mohamad Idris Abu Bakar (Hulu Bernam) selama enam bulan kerana mempersoalkan integriti Selcat.

Menurut Speaker Dun Selangor, Teng Chang Khim elaun dan keistimewaan mereka juga turut digantung sepanjang tempoh hukuman tersebut

Teng turut berkata, hukuman itu merupakan syor yang dibuat jawatankuasa tersebut dan akan dibentang di sidang Dun Julai depan untuk dibahas dan setiap wakil rakyat termasuk Dr Mohd Khir akan diberi peluang membahaskannya.

BN leans towards fresh polls in Perak

KUALA LUMPUR, May 18 | Malaysianinsider — By Leslie Lau, Consultant Editor

The consensus that is emerging today among Barisan Nasional (BN) leaders is that even if the court of appeal rules in its favour this Thursday, it will still ask the Sultan of Perak to dissolve the state assembly to pave the way for fresh polls.

The Malaysian Insider understands that the Perak constitutional crisis was a major item on the agenda at today’s supreme council meeting of the ruling coalition.

The rationale for such a move is that the ruling coalition stands to lose more credibility and that perception that it is the villain in the Perak power grab would only grow.

A number of BN leaders told The Malaysian Insider that the Pakatan Rakyat (PR) had been effective in painting BN as the usurpers of power.

However, a time frame for elections has not been decided.

The BN supreme council is likely to meet again after Thursday’s court decision.

Perak’s constitutional crisis is now before the court of appeal as Datuk Seri Dr Zambry Abd Kadir has filed an appeal against the High Court ruling that Datuk Seri Nizar Jamaluddin is the rightful mentri besar.

With no clear end to the deadlock in sight, both BN and PR have appeared amenable to cooperating to find a solution to the impasse.

But PR, led by opposition leader Datuk Seri Anwar Ibrahim, is insisting that a fresh election must be part of the equation, a condition that BN has been reluctant to agree to.

At a press conference today, Datuk Seri Najib Razak had indicated that any talks with PR over the Perak crisis would only happen after Thursday’s court decision.

Even if the court of appeal decides in favour of Zambry, the ruling coalition is still stuck with the dilemma of having to rely on the backing of three defectors to remain in power.

Currently, both BN and PR have an equal number of seats in the state assembly, with the three BN-friendly independents tilting in its favour.

But two of the three assemblymen still face corruption charges, while the third, the former DAP lawmaker Hee Yit Foong, has been vilified to such an extent that she does not risk showing up at her own constituency.

The reason for BN’s softening position is also likely due to a growing feeling among some of its leaders that it may want to cut its losses or risk having the anti-BN feeling grow further.

Former prime minister Tun Dr Mahathir Mohamad recently suggested that it was a foregone conclusion that BN would lose fresh polls.

Some BN lawmakers in Perak are also said to be keen on convening an emergency sitting of the state assembly to finally gauge once and for all the support it needs to legitimately run the state government.

But there is a growing consensus that such an administration will continue to be beset with controversy and legal challenges from PR.