The perception of the people? It is unimportant anymore.
It took one hour for the High Court judge to read out his judgment, he did not allow stay of execution; BN appellant managed to get Court of Appeal to hear (just one judge instead of three) within 24 hours to grant a stay; the Court of Appeal sat within 10 days to over-ruled the High Court decision and it was over in 5 minutes. This is Malaysia Boleh setting record of sorts in our country, possibly in the world.
Malaysia-Today: - Court of Appeal judgment is a flop (excerpts):
Sunday, 24 May 2009 14:09
Following the footstep of the Appellant, the court seems to be equally obsessed with the notion that Nizar had lost the majority, and corollary to that, anything done to get rid of Nizar is okay, as it complies with the democratic principle that the majority must rule.
KIM QUEK
The pain was acute and deep when the verdict came, despite it being widely anticipated. The complete silence that greeted the Court of Appeal decision in favour of Zambry Kadir – in contrast to the uncontrollable jubilation that hailed the high court declaration of Nizar Jamaluddin as the lawful Menteri Besar only 10 days ago - spoke for itself. I believe the disappointment and suppressed fury prevailing in the court room this time was reflective of the feelings invoked across the nation when Justice Raus Shariff delivered the 5-minute oral judgment that marked a new low in our judiciary on May 22.
How can the nation not be disappointed when Raus’ judgment is nothing but regurgitation of a list of the Appellant’s (Zambry) arguments, void of any reasoned input by the panel which also included Justices Zainun Ali and Ahmad Maarop? How can we call this a judgment when the comprehensive and meticulous grounds of judgment of High Court Judge Aziz Rahim and the compelling presentations by the Respondent’s (Nizar) lawyers are completely ignored and side-stepped?
Topmost of the Respondent’s argument is that the Sultan has no power to sack a menteri besar. The panel kept mum on this issue, and since the Appellant didn’t dispute this contention either, it must follow that the issue is settled – the Sultan has no such power. And since Nizar had not resigned when the Sultan appointed Zambry, then how could the court conclude that the Sultan was right in appointing Zambry? Unless of course, the court is saying that the Sultan is entitled to appoint a second menteri besar when the first one is still serving? But would anyone in his right mind suggest that?
Following the footstep of the Appellant, the court seems to be equally obsessed with the notion that Nizar had lost the majority, and corollary to that, anything done to get rid of Nizar is okay, as it complies with the democratic principle that the majority must rule.
This line of thinking is defective legally and constitutionally, as the transition of government must follow the rules laid down in the law and the constitution, failing which it is deemed illegal.
…
JUDGMENT COLLAPSES
It is clear that the panel’s judgment has already collapsed on these two scores alone – that the Sultan has no power to sack the Menteri Besar, and that the Sultan cannot supplant the assembly to ascertain the confidence enjoyed by the Menteri Besar.
The saddest part is that this judgment is but one of a series of judgments handed down over the Perak crisis from the nation’s highest courts – federal court and court of appeal – which have been widely criticized as politically partisan resulting in various dubiosities – blatant disregard of constitutional provisions, judgment without proper or written grounds or judgment in indecent haste. This only serves to confirm a widely held opinion that in the rarefied stratosphere of these courts, honesty and integrity are rare commodities, which must be the inevitable phenomenon of a system that rewards the compliant but dishonest and punishes the non-compliant but honest.
One can foresee that as the Barisan Nasional continues to maintain its questionable hold of power in Perak, more and more of these abominable transgressions of justice will flood our radar screens as the host of legal cases unwind themselves through the higher courts. While these will inflict grievous damage to our national image, they will ironically hasten the day of real reforms as more and more people will become convinced that the only way to restore the rule of law is to have a regime change.
Justice? or Just this!
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