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PERAK CRISIS: How Perakians and Malaysians Are Being Screwed by the Federal Court and the Court of Appeal

Posted in Uncategorized by malaysiasms on May 13, 2009

From the Malaysians Unplugged Uncensored Website
 

Chief Justice Zaki Azmi was an UMNO member and served as a Legal Advisor to UMNO. His previous position in UMNO was as the Chairman of UMNO’s Disciplinary Committee. Chief Justice Zaki Azmi was an UMNO member and served as a Legal Advisor to UMNO. His previous position in UMNO was as the Chairman of UMNO’s Disciplinary Committee. His ties to UMNO is too deep for him to ensure the independence of the judiciary especially in cases involving the interest of UMNO or UMNO cronies. He has only served the judiciary for less than 5 years in total before becoming the Chief Justice, an unprecedented leap-frogging to the top post in the Judiciary with help of the UMNO-led Government. As UMNO’s legal man, Tan Sri Zaki Azmi was involved with the UMNO’s myriad scandalous financial misadventures that were bailed out by the government in the heydays of former Prime Minister Mahathir’s crony-capitalism during the last Asian financial crisis.” (Asia Sentinel 7 December 2007)

On late Monday afternoon, the court ruled that Nizar is still the Menteri Besar of Perak.

On early Tuesday morning, the Appeal Court allowed a stay of execution. This means Nizar was back as Menteri Besar for a mere couple of hours yesterday and then had to hand the state back to Zambry.

What was astonishing was the SPEED in which the Appeal Court sat to make its decision when there are still so many older cases pending sometimes up to ten years while the convicted persons awaiting the outcome of their appeal languish in jail without bail during all that time.

And the beauty about this is, even if they lose their appeal, their jail sentence is shorter than the time they have thus far spent in prison under remand. Some have withdrawn their appeal just so that they can go home. It is better to plead guilty or not contest the verdict since the sentence is shorter than the time they would have to spend in prison under remand.

The second thing that has astonished most people; lawyers especially, is the one-man quorum that sat to hear Zambry’s application for a stay of execution. They would have expected a minimum quorum of three judges since this case is of great public interest.

But only one man sat to hear Zambry’s application and it certainly does not give an impression that Nizar saw justice done yesterday in the Appeal Court.

Nizar’s lawyers appeared unhappy that there was insufficient notice given for on May 12’s hearing by the Court of Appeal as there is usually a one-day notice under normal circumstances from the time of filing. It is learnt that Nizar’s counsel, Sulaiman only knew of the hearing by coincidence when he was at the Palace of Justice to attend another case, as Zambry’s lawyers had filed the application at about 9.30am on May 12.

That happened to Raja Petra Kamarudin in the appeal that the government filed against his release from ISA detention in November last year. Raja Petra asked for a quorum of seven judges. If not, Raja Petra’ s lawyers would settle for five judges.

But the court refused Raja Petra both seven and five and agreed on only three. Question was: Why only three and whose decision was that? It was an administrative decision, meaning a court clerk somewhere decided that it should be three.

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