Wednesday, April 01, 2009

Nizar vs Zambry: Has it not now become a case of getting a pro-BN judge?

Many will be thinking that the change of Judges was because the UMNO-led BN wanted to get a Judge that would be more favourable to them - i.e. a judge that will not decide that Mohd Nizar Jamaluddin is still legally the Menteri Besar of Perak.

After all, the number one in the Judiciary, is a former UMNO man- not just an ordinary member but someone that fraternized and/or was known by the top leadership of UMNO. So, anything is possible. The new CJ has also been accused of bribery (based on his own public confession), and also of lying (based on an audio recording that rebuts his denial of saying that he was involved of bribing).

Something is very fishy here ... and I am of the opinion that is best that the matter be transferred back to the court it was, and be heard by Judge Lau Bee Lan. The perception of 'judge choosing/fixing' must be avoided at all cost, especially in this 'highly contreversial' case.

The suit by ousted Perak Menteri Besar Mohd Nizar Jamaluddin against BN's Zambry Abd Kadir will be heard before a new judge tomorrow.

High Court judge Abdul Aziz Abd Rahim will be hearing the matter - starting with a leave application for the proper suit to follow - tomorrow afternoon at 2.30pm in Kuala Lumpur.

The matter was previously before justice Lau Bee Lan. No reasons have been given for the sudden transfer of the case, which was informed to the parties this morning.

Mohd Nizar' suit against Zambry is to determine the legitimate Perak menteri besar.

In the suit filed on Feb 13, Nizar, among others, is seeking a declaration that he is the rightful Perak menteri besar. - Malaysiakini, 1/4/2009,
New judge to hear Nizar vs Zambry

He is also seeking an interpretation of Article 16(6) of the Perak constitution on when can the menteri besar's post be vacated.

In his application, Nizar said Zambry should cite the authority that allowed him to legitimately become the menteri besar.

Nizar is also seeking a declaration that Zambry has no right to be menteri besar at any material time plus an injunction to prevent him or his agents from continuing his task and role as the menteri besar.

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