Questionable decisions from Courts & Judges

Excepts taken from article published in The Malaysian Insider.

"As of today it is undisputable that Datuk Seri Zambry Abdul Kadir is a confirmed unlawful mentri besar of Perak. On the other hand Datuk Seri Nizar Jamaluddin is a confirmed lawful mentri besar of Perak. That is the gist of the high court’s decision delivered by Justice Datuk Abdul Aziz on May 11, 2009."

...

"The stay order merely bars the lawful mentri besar from carrying out his lawful duties and in turn allows the unlawful mentri besar to continue performing his unlawful duties. That is the gist of the court of appeal’s decision delivered on May 12, 2009."

...

"On the contrary there were glaring absences of reason as to why the stay order was granted to Zambry thus the court of appeal has kept the people in the dark. Justice demands a reasoned judgment from the court whenever it allows or dismisses any application made by any litigants.

In all Perak suits which have landed in the highest court so far, neither the court of appeal nor the Federal court paid attention to this vital aspect of the court’s process namely the preparation of reasoned judgments."


Read more from Perplexing judiciary in Perak lawsuit by Hanipa Maidin.

Favoritism practised in Malaysian Appeal Court

Courtesy of TheMalaysianInsider: May12,2009 A visibly-downcast Nizar speaking to the media after leaving the State Secretariat building this afternoon. – Picture by Choo Choy May

Bias was clearly felt on how Court of Appeal handles application filing of "request to stay" by Zambie and the "request to put aside stay" by Nizar on high court declaration that Nizar was in all material time a rightful Menteri Besar of Perak state.

The decision of Court of Appeal to hear Zambie's appeal and grant the stay by just one single judge took less than 3 hours upon filing, while it sets a date to hear Nizar's requet 5 days later .

To avoid spinning out episodes of injustice from parties of judiciary, administrative, and royalty , it is best to return the right to choose back to the people in Perak - dissolve the state assembly for a fresh election.

So, what is your take on this?


"Zambry’s lawyers had yesterday filed his appeal together with a request to stay the High Court ruling at about 9.30am.
They succeeded in getting a hearing with Court of Appeal judge Datuk Ramly Ali just two hours later." - except from TheMalaysianInsider news article Appeal court to hear Nizar’s application only on May 18 .

"Understand Nizar's appln may be fixed Monday, 18th. Five days while Zambry can get his appln heard in less than 3 hours. "Performance Now"
Two hours, still waiting. Yesterday, Ap Ct super-fast in Zambry's appln. Why Ac Ct snail pace in Nizar's appln? Nation & world watching." - except from limkitsiang twitting live on progress

News References:

• TMI: Appeal court to hear Nizar’s application only on May 18
• Mkini: Nizar's stay application fixed for Monday
• Mkini: 'Why fear snap polls, Najib?'

Perak - role model state for Malaysia

"Court of Appeal judge Datuk Ramly Ali had yesterday granted Barisan Nasional's (BN) Datuk Seri Zambry Abd Kadir's request to suspend the declaration, effectively preventing Nizar from carrying out the duties of an MB until his appeal proper is heard." - extracted from TheMalaysianInsider article Nizar seeks to bury stay order .

Pakatan Rakyat’s Datuk Seri Nizar Jamaluddin is the real mentri besar of Perak , the Kuala Lumpur High Court decided May 11.

High Court had declared that YAB Dato' Seri Nizar is the legitimate Menteri Besar, and that UMNO-BN was not following constitution in its takeover; therefore Zambie's appointment was not valid. Despite of the high court decision, Zambie and gang did not give up and subsequently filed an appeal to obtain a stay on the high court order.

In the interim, since we knew that Nizar had been declared a legitimate Menteri Besar at all material time, by inferrence, it is clearly logical that Zambie was at all material time an illegitimate one. Therefore, eventhough a stay of execution was granted by Appeal Court, Zambie is by no means should be looked at as a legitimate Menteri Besar. So, what is he now? Why the clown resumes and goes back to MB office? His undertaking of MB responsibilities is clearly a comtempt to the high court judgement.

Courtesy of TheMalaysianInsider: Several policemen escort Barisan Nasional’s Perak Mentri Besar Datuk Dr Zambry Abdul Kadir into the Perak State Secretariat this morning. — Picture by Choo Choy May

Zambie's effort in obtaining a stay is to prevent Nizar from carrying out the duties of an MB is most accurate.

Regardless of what UMNO-BN-Zambie is plotting, including calling an emergency sitting for no-confidence vote (to oust Nizar) to rectify their mistake back in Februry 5, continue justifying his illegally appointed Speaker as lawful (in the illegitimate May 7 sitting), all of his actions and decisions (past and present) are illegitimate. In summary what happened under him since February 5 (including his appoinment by the Sultan) was illegal.

The sequence of shameful acts where Perak State Assembly Speaker YB V Sivakumar being forcibly removed from his seat, dragged out of the assembly hall and quarantined for an hour by unidentified security force.

You can now best judge a political party and a self-proclaimed MB proclaiming that they are working for people? You can also best judge all those BN component parties that remained silent and consenting this utter disgraceful power grab by their master - UMNO, specifically MCA (with Mah Soon grabbing an EXCO position), Gerakan (with Chang appointed special advisor), and MIC (with Ganesan illegally appointed in a disgraceful and shameful bollywood comedy assembly sitting).

The illegal bunch all smiling after the installation of an illegal Speaker during the illegitimately called "May 7 assembly sitting."

Fear in losing big, UMNO-BN dare not support a call to dissolve the state assemble for a state-wide election and return the choice to its people. They know very well they are wrong and people are angry with them. Thieves steal in silence, but doing it in the open nationally and internationally, UMNO-BN is best described a daylight robbers or pirates.

The Perak fiasco remains a big joke for the 1Malaysia slogan by Najib who happened to be the orchestrator of the Perak coup d'etat. UMNO's political power coup for the sake of Perak people? UMNO-BN is setting Perak as a role model state for Malaysia? For more than half a century, they have not have people and democracy in their minds.

Bits and Pieces of Perak Chaos

"Constitutional monarchy: One single incident has turned one of Malaysia’s most beloved families into villains. Instead of dissolving the assembly at the urging of Datuk Seri Nizar Jamaluddin, Sultan Azlan Shah of Perak did the unthinkable — he asked Nizar to resign and installed BN as the new state government. By doing so, he refused to recognise that it is the right of Perakians to decide who represents them. He said recently that the Malay Rulers were above politics. Sadly, many Malaysians do not view the constitutional monarchy as honest brokers today." - excerpt taken from The Malaysian Insider article Was it worth it?


The "appointment" of so called new speaker Ganesan from MIC and the passing of those motions are anything but valid. The sitting had never been started and any proposal of motion had not been accepted by the rightful Speaker V Sivakumar. Remember, the police force was preventing the elected ADUNs from attending March 3 sitting, and today is applying brute force to physically remove the rightful Speaker on UMNO's instruction. The police, together with state employees and Election Committee, are bending their bipartisan role to help UMNO complete their illegal acts in taking over the state government. They are the king makers and protect only one specific group.

While you may be following the shameful and disheartening event closely, you may want to revisit and refer. If you happened to have missed this latest barbaric and disgraceful episode of unconstitutional, unethical, and illegitimate power grab, these references can hopefully help you understand better how dark the country is today - 1BLACKMalaysia, indeed.

For the ardent supporters of MCA, Gerakan, and MIC, it is time to ask - why their parties can even be participating in and supporting such brutal and despicable acts?

The crisis in Perak must be resolved in a dignified and democracy method by going back to the bosses - that is the people of Perak state. So, election NOW!

As a consciencious citizen, hopefully you will recommend the readings to your friends, relatives, associates, and aquintances onshore or offshore. You can (and should) ask your folds (who traditionally support UMNO-BN) who have open minds and firm believers of true democracy to now judge the true character of UMNO-BN. Come next General Election, people of Malaysia who qualify to vote must not waste the opportunity to come together and take back the control of the country.

"Together we can bring back democracy!"


References below taken from its respective sources of The Malaysian Insider, The Nut Graph, LimKitSiang Blog, and Malaysiakini.

• TMI: Was Sivakumar’s removal lawful?
• TMI: 1 Malaysia, 2 Peraks — The Malaysian Insider
• TMI: Lawlessness and the Perak assembly — P. Ramakrishnan
• LKSblog: Flash updates from Perak
• LKSblog: Najib’s 1Malaysia shredded into smithereens - disgraceful police lockdown of Ipoh and scandalous spectacle of 2 Speakers, 2 Assemblies
• TMI: Was it worth it?
• TMI: Najib’s 1 Malaysia in smithereens, charges Kit Siang
• TNG: Live Coverage - Ganesan takes the speaker's chair
• Mkini: Live Coverage - Sivakumar dragged out, Regent delivers royal address
• Mkini: A number 1BlackMalaysia day indeed
• Mkini: 'Scandalous spectacle shreds PM's 1 M'sia'
• Mkini: One Black Malaysia in Ipoh
• Mkini: DUN Perak: Sivakumar dipaksa keluar
• Mkini: Laporan Langsung - 6 jam kecoh, DUN Perak rasmi dibuka

Perak State Assembly Live Coverage

1BLACKMalaysia is unfolding...

If you not sure where else can get the live updates for the May 7 assembly sitting, here are few links to help you get an overview of the happenings inside (and outside) of the assembly hall where the UMNO/BN is, again, trying exceptionally hard to unconstitutionally / illegally grab the Speaker's position and dominate the meeting even it has not started by Speaker Sivakumar.

• RPK on Malaysia-Today
• Cina Islam (from inside dewan - ADUN Titi Serong)
• Malaysiakini (covering in English, Malay, Chinese)
• The Nut Graph
• Anilnetto.com
• delCapo’s twitter
• LimKitSiang Blog (YB Lim had been denied entry to Assembly as guest)
• Suarakeadilan2.blogspot.com
• Zorro (Unfortunately Zorro was arrested in the morning trying to cover the event)