Martin Jalleh reports on a year when the judiciary sank so low that it shamelessly allowed itself to be intimidated, its independence and impartiality to be interfered with, and its integrity to be reduced to ignominy.
The Federal Court’s unanimous decision declaring Datuk Seri Zambry Abd Kadir the rightful mentri besar of Perak does not do justice to the judiciary. It only confirmed that the Constitutional provisions mean nothing and that the decisions of our courts need not be rooted in a sense of fairness and justice.
It appears that the Opposition can only win Round 1! Whether it is the Kampung Buah Pala case, or Nizar’s case involving the Perak crisis or Anwar’s case with regard to getting the vital evidence for his defence – that seems to be the case! In all these instances, the High Court had shown a lot of wisdom, had taken the pain to understand the issues concerning these cases, and had delivered well-reasoned judgments that were impressive and well received by the people at large.
The legitimately elected but illegally ousted Perak Menteri Besar, Mohd Nizar Jamaluddin, has applied for a full quorum of 11 Federal Court judges to hear his appeal tomorrow.
A majority of Malaysians would support this application not only in the interest of justice but also because they want to see the return of confidence in the judiciary. They want the judiciary to be rescued from the doldrums and regain its former glory as a beacon of justice for all Malaysians.
In our cover story, Mohamed Hanipa looks at the constitutional impasse in Perak and the impact of the Court of Appeal’s decision favouring Zambry.
We reproduce a series of statements reflecting Aliran’s stand on the Perak power grab, the constitutional crisis and the judicial maneuvering. This is followed by a series of public statements from prominent personalities, mostly urging the BN team to go back to the Perak people and let them resolve the issue at the ballot box once and for all.
Aliran hails the judgment of the Kuala Lumpur High Court and salutes Justice Datuk Abdul Aziz Abdul Rahim for his honesty and integrity in delivering a judgment that does justice to his profession.
Unlike the previous judgments on various issues pertaining to and contributing to the Perak political crisis, which were totally disappointing and appalling, this particular judgment has done credit to the judiciary.
Like all thinking Malaysians, Aliran is very upset that Datuk Seri Dr Zambry Abdul Kadir, the Umno Mentri Besar of Perak, is showing scant respect for tax-payers’ hard-earned money. If he was the peoples’ Menteri Besar, then perhaps he would have acted more prudently with the interest of the people at heart.
The request by the undemocratically ousted Perak menteri besar, Datuk Seri Mohammad Nizar Jamaluddin, for a nine-man Federal Court bench to hear his objection to Datuk Zambry Abdul Kadir’s reliance on Article 63 of the Perak Constitution to determine who is the rightful menteri besar of the state is a fair one.
Chief Justice of Malaya Tan Sr Zaki Azmi must do the nation a favour by ordering the Federal Court to review its decision concerning the suspension of BN Menteri Besar Zambry Abdul Kadir and his six executive councillors. This act of the CJ would be perceived by thinking Malaysians as doing national service. It is imperative that he heeds this earnest and urgent call and orders an immediate review.
The Barisan Nasional has suffered four deadly blows in a row. Umno has been soundly defeated on three occasions since 8 March 2008. The outcome of these by-elections has confirmed that there is no stopping the Pakatan no matter what crafty means the BN adopts or devices to reach out to the electorate.