ZAMBRY RIGHTFUL PERAK CHIEF MINISTER, RULES APPEAL COURT

PUTRAJAYA, May 22 (Bernama) -- A three-man bench of the Court of Appeal, in
a unanimous decision, Friday declared Dr Zambry Abdul Kadir as the
rightful Chief Minister of Perak.

The court held that the order made by the High Court on May 11, in declaring
Mohammad Nizar Jamaluddin as the legitimate Chief Minister, was wrong
and set aside that decision.

"The learned High Court judge had failed to properly and adequately
appreciate the entire evidence before him, and that rendered the decision as
wrong," said Justice Md Raus Shariff, who sat with Justices Zainun
Ali and Ahmad Maarop.

Both Mohammad Nizar and Zambry were not present in court Friday.

Justice Md Raus, in his oral judgement, also held that the Ruler of Perak,
Sultan Azlan Shah, was right in appointing Zambry as the new menteri besar,
under Article 16(2) of the Perak Constitution, after being satisfied that Zambry
had the command of the majority of the state legislative assembly.


"We hold the view that the granting or the withholding of the request for
the dissolution of the state legislative assembly is the royal prerogative.

"On the facts of this case, the request for the dissolution of the state
legislative assembly was made under Article 16(6) of the Perak Constitution and
not under Article 36 of the constitution," said Justice Md Raus in allowing
Zambry's appeal against the High Court decision.

Justice Md Raus further held that the Ruler of Perak was right in making
enquiry to satisfy himself that the respondent (Mohammad Nizar) had ceased to
command the majority confidence.

The fact that Mohammad Nizar had ceased to command the majority confidence
could be obtained or established alternatively, he said.

"There is no mandatory or expressed requirement in the Perak Constitution
that provides that there must be a motion of no-confidence to be tabled against
the respondent before deciding that he had ceased to command the majority
confidence of the state legislative assembly," he said.

Zambry, whose leading counsel was Cecil Abraham, filed an appeal on May
12, with 24 grounds of appeal, against High Court judge Abdul Aziz Abd
Rahim's decision in ruling that Mohammad Nizar did not vacate the office of
menteri besar as he had not lost the majority confidence of the state
legislative assembly.

On the same day, his application for a stay of the High Court order was
heard and allowed by Appeal Court judge Ramly Ali, sending Zambry back to the
office of Chief Minister.

The following day, Mohammad Nizar filed an application to set aside the stay
order and requested for a panel of five Appeal Court judges to hear the
proceedings, which was refused Thursday.

After the decision was delivered, Sulaiman Abdullah, the leading counsel for
Mohammad Nizar, requested the court for the written judgement for the purpose of
appealing to the Federal Court.

"We appreciate that the court had gone through the facts of this case and
made
the decision within one night.

"I have instructions from my client (Mohammad Nizar) to seek leave to appeal
against the decision to the Federal Court. We would appreciate if the court
could issue the written judgement as soon as possible," he said.

Justice Md Raus replied: "I tried to write the judgement Thursday night. I
would
arrange to give the grounds of the written judgement. I can do it in a week."

Justice Md Raus also dismissed Mohammad Nizar's application to set aside the
stay order granted by Justice Ramly Ali.

More than 50 journalists had gathered as early as 1.30pm in front of the
courtroom but were told to queue up to get passes, limited to only 15 seats.

The other journalists as well as the 200 over supporters of Zambry and
Mohammad Nizar, who failed to get seats, started arguing and disputing the order
issued by the police, but had no choice than to stay out of the courtroom.

Moments after the court announced its decision and counsel Sulaiman Abdullah
walked out of the courtroom, Mohammad Nizar's supporters started clapping and
cheering: "Hidup Nizar! Hidup Sulaiman!" (Long Live Nizar! Long Live Sulaiman).

-- BERNAMA