Najib improperly intefering with Court of Appeal hearing on Nizar vs Zambry case

It is most improper and irresponsible for the Prime Minister, Datuk Seri Najib Razak to try to influence the Court of Appeal hearing on Thursday on the Nizar-Zambry case, undermining judicial independence and integrity.

This is the first time in my memory in the past 43 years that a Prime Minister had made a public pronouncement on a matter which is the very subject of litigation before an appellate court, as if the Executive is sending out a clear, unmistakable and even threatening message to the Judiciary of the executive interests in a case pending before the Appellate court.

And if such impropriety had not happened in the past 43 years, it would not have happened in the first nine years of the nation’s independence, as Bapa Malaysia and the first Prime Minister, Tengku Abdul Rahman would have been very careful and meticulous in ensuring that there could not be any speck of suspicion that the Executive was interfering with the judiciary.

Hasn’t Najib heard the doctrine of the separation of powers among the executive, legislature and judiciary and the principle of the independence of the judiciary and the need for the Executive not only to respect, but also to be seen to respect, the integrity of the judiciary?

None of the previous five Prime Ministers had gone so far as to openly dictate to the judiciary how to it should adjudicate cases involving the Executive – despite the judicial darkness of the past two decades.

Why is Najib prepared to commit such a flagrant and blatant act of Executive disrespect and contempt for the Judiciary in such public and international manner?

In his statement yesterday to reporters at the Coral Triangle Initiative Summit in Manado, Indonesia, Najib defended the power grab in Perak in early February, declaring that the Sultan of Perak had acted lawfully in appointing Datuk Zambry Abdul Kadir as the Perak Mentri Besar.

How could Najib as Prime Minister acted so improperly and irresponsibly when he should know that this is precisely the constitutional issue which is before the Court of Appeal on Thursday, as Kuala Lumpur High Court Justice Datuk Abdul Aziz Abdul Rahim had handed down a landmark constitutional judgment that the Sultan of Perak has the prerogative to appoint the Mentri Besar and but no constitutional power to dismiss the Mentri Besar?

The Kuala Lumpur High Court declared that Datuk Seri Mohamad Nizar Jamaluddin is the lawful and legal Perak Mentri Besar as he could only be removed by a no confidence motion in the Perak State Assembly, which was never done.

Why did Najib act in so improper and ill-advised a manner as his statement, though made outside the country, would be seen as an undisguised arm-twisting of the judiciary, when public confidence in the judiciary is already at such a low ebb?

Najib seems to be very desperate in having to act in such a manner, which is clearly improper, ill-advised and downright wrong.

Are the Court of Appeal judges who are going to hear Zambry’s appeal against the Abdul Aziz judgment in favour of Nizar prepared to publicly declare that they would not be influenced even one iota by Najib’s Manado statement – not only just professing it but to judge without any regard to the Prime Minister’s wishes and intentions?

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42 Replies to “Najib improperly intefering with Court of Appeal hearing on Nizar vs Zambry case”

  1. It is clear sign of a desperate government, afraid to lose. Just as in the actions of the Home Minister and the Police arresting lawyers. Are we heading to the likes of Pakistan during President Musharraf? Where even the judiciary is persecuted?

  2. //doctrine of the separation of powers among the executive, legislature and judiciary//

    This doctrine is dead and buried. The Election Commission has taken over the authority of the Speaker to rule whether there is any vacancy in the DUN.

    // the principle of the independence of the judiciary//

    How can it be independent when the Chief Justice is a secondment from UMNO?

    //the need for the Executive not only to respect, but also to be seen to respect, the integrity of the judiciary.//

    The judiciary has little integrity left for respect after it has gone through the hands of Tun Hamid, Tun Eusoff Chin, Tun Ahmad Fairuz and the judiciary broker Lingam.

  3. Actually the root cause for this most peculiar action is simple. This BN PM is from the very bottom of the barrel. No one but a complete moron will make such a blatant move to court controversy when Rakyat is already so disgusted with the BN govt. I am sure his late father is turning in his grave like a bowling ball.

  4. Yeah come to think of it what inteference? Boss is talking to subordinate. That is all. Najib instructing zaki. That is ok isnt it? Najib boss, zaki subordinate.

    Finally 1malaysia is taking shape. 1malaysia means 1najib and nothing else matters.

  5. This is all part and parcel of the laundering of lies into ‘truth.’ Then the spinning takes over and after several cycles of such statements in the MSM and whichever media will carry such statements, Dumbry’s position becomes ‘legitimised.’

    Wasn’t it TDM who came out with strong statements early in the fiasco that it should be determinde by the people of Perak in state elections? Now, TDM is aying that the matter should be resolved in the State Assembly instead. And of course, Najib needs to continue to state that the power grab is not illegal, ‘…declaring that the Sultan of Perak had acted lawfully in appointing Datuk Zambry Abdul Kadir as the Perak Mentri Besar.’

    The RAKYAT know better.

  6. Najib has no doubt committed the sin in commenting on the case that is before the court. It can only be seen as his desperate attempt to influence the outcome of court judgement.

    The argument that Najib advanced deserves attention too. He said that Pakatan wanted to get 31 BN MPs to form Pakatan Government but failed and he was proud of being successful in getting ADUNs over to topple the Perak pakatan government. He mentioned that Churchill switched parties during his time. So he was telling the world that the three kataks were of the calibre of Churchill. Let us examine how the three kataks changed their political belief.

    The two PKR kataks were investigated by MACC for corruption. They claimed that they were victims of planted evidence while MACC claimed that they had a strong against the two PKR kataks in court. A few days before the two kataks were required to appear in court, they switched party and became friendly to BN. The two kataks did not bother to attend court, and the offence was excused. Thus they experienced the special position as BN ADUN in treating court as clubhouse. Since then the corruption charge against the two kataks has not been heard of again.

    MACC as a government agency served BN interest in presenting the two kataks with a choice of going through the court, either of trump up charges or of genuine crime, or be let off by ‘changing political belief’, and other unknown benefits. The Malaysian Churchills ala BN made the wise choice, as far as Najib was concerned.

    As for the former DAP kataks, it was pure money. She sold her soul rather than her political belief.

    Politicians might have changed parties everywhere in the world, but the switch did not take place to change government during mid-term. All other countries would have gone through a fresh election if government fell on politicians switching sides. Only in Malaysia does the BN government poach kataks through corrupt practice, and change the state government through pressuring independent institutions to be partial, for example the Election Commission had the duty to conduct by-election but not the authority to second guess the decision of the mandated authority of the Speaker of the Perak State Assembly; the court has chosen to interpret the duty of the Election Commission for ensuring that the certificate of vacancy of state assembly originated from the appropriate authority, as its authority to determine the existence of vacancies. By so doing the court was willing to stake the reputation of its Supreme Court judges as ill qualified, if not biased. Najib was willing to show the world that the independent institutions in the country are taking orders from the government. But then it might be a good attention diverting strategy to move the spot light from his baggage to the sins created by TDM of which he inherited.

    Najib said that the Perak Sultan could have allowed UMNO to form the state government because it was the largest party in the state assembly. Did he suggest that the Sultan did not do the right thing? He said that as BN together with the kataks had the majority in the state assembly in February, the Sultan was right to appoint a new government. He has exposed himself as the person who had no respect for the constitution. He could be ignorant, but he should have followed the judgement given by the High Court judge on 11 May which affirmed the precedent of a similar case in Sarawak involving the governor versus the Chief Minister in 1966. Having been a minister for three decades Najib cannot pretend to believe that it was the duty of the Sultan to examine on a daily basis the number of ADUNs who remain with the government. Decision which is official has to be conducted in official setting. AS PM Najib dictates decision to his ministers (the half-past-six cabinet), but he cannot claim that a decision taken in his home represents that of the cabinet, or does he?

  7. najib is the one to be blamed for the perak mess. he was the one that lead the team in perak to meet the Sultan. His finger prints are all over the place and yet he says he is not at fall. He could have waited for the assembly to meet and call for vote of no confidence but he could not wait cos he needed to show he is the man before he became PM. Now he looks like a fool and to top it up, he is denying it. Sultan Perak need to do the right thing.

    Najib you say people’s feeling will be reflected in the KPIs. you don’t measure it how you going to include it in the KPIs. and in Perak the feelings of the people are call for an election and you don’t want to listen to their feelings. so how la, you don’t practise what you preach, how the rest of the cabinet going to react to the people’s voices?

    he is now desperate to win at all cost and separation of power can get screwed since that doesn’t matter to him at all.

  8. “In practicing our democracy, the people will choose their elected representatives and the Sultan will appoint the candidate from the party that has gained the majority as the mentri besar,” Prime Minister, Datuk Seri Najib Razak said at a media conference with Malaysian journalists at the end of his two-day working visit to Manado, North Sulawesi in Indonesia to attend the Summit Meeting of the Coral Triangle Initiative (CTI) – per report of he MalaysiaInsider May 16th Sat .

    The key operative words are “In practicing our democracy, the people will choose their elected representatives…”

    Without vindication of by-elections, there is not an iota of evidence that the switching of political allegiance by these 3 defecting assemblymen from PR to BN represent a concomitant switching of political allegiance of the majority of the constituencies that originally elected them as state assemblymen on DAP/PKR’s tickets .

    Based on the present composition of VBN majority aduns (after the crossovers/defections), it therefore cannot be claimed that the people have chosen their representatives.

    A voter cannot be said to be represented – in this sense having chosen his representative – when he elected an Adun espousing PR’s ideology to represent his political position (in line with PR) in the Perak Legislative Assembly only to subsequently find that after the election the assemblyman switched politics to represent the voter on BN’s ideology without even coming back to the voter for his consent, a by election. So in that sense, democracy is not practised.

    It is true that the great British prime minister, War Hero, Sir Winston Churchill had switched political parties more than once and the latest was a Republican Senator in the United States who defected. However did these defections cause a change in power and government based on the defections? There is no suggestion that there was.

    The issue is not the morality or legitimacy of a person crossing over or defecting or changing political allegiance. That is permitted. It is the right of a person to change his political views and political membership and to defect.

    The issue in contention in Perak is really about the morality or legitimacy of allowing a fall or change of government or change/transition of power based on the singular determinative and critical factor of crossovers and defections of elected representatives without proof of by elections that the people whom they were supposed to represent, and who otherwise had earlier voted them to their seats, have had a concomitant change or switch of political allegiance like their representatives.

  9. How on earth NR is claiming he wants to be the people’s prime minister when his action is contrary to the people’s interest as in the Perak case. One moment he wants to be nice and next moment he becomes ugly. This flig/flog decision indicated NR’s weak leadership or he’s being a hypocrite. He talks about democracy and freedom but interfered in the affairs of the Judiciary,the EC,The Macc and the PDRM . If he goes on doing the things he ‘s doing now,comes 13 GE,the rakyat is going to put the final nail into the Umno/Bn coffin for sure. I think this will be good for the raykat . Good luck and may GOD bless.

  10. We should be grateful & thankful that Najib has chosen to interfere with the Appeals Court. We should also be grateful for Zambry to fight on to become MB. We should be grateful for all the UMNO/BN people ‘fighting’ for power in Perak!

    Because this will accelerate the downfall of BN& their frogs and the rise of DAP/PR when it comes to the next GE 3yrs down the road. I’m only afraid that just before the next GE, Perakians will forget this matter.

    Just look at the opinion polls in The Star online (MCA/BN paper), “What is your take on the Perak political crisis?” See the results – >90% voted to have fresh re-elections!
    Opinion polls don’t lie.

  11. Well at least Najib was being honest afterall this while.Hmmmmm…interesting.I think the 4TH one messed up the judiciary big time….at least indirectly and the 5th one just pick up all the dirt from there onwards and try to sweep all under the carpet though he tried hard to temberang the public….So…well it is a good start for this 6th one for at least trying to be open and honest about it.

  12. It’s an ‘open and honest’ Catch 22 situation for Najib.

    On the one hand, he hopes to convince 27mil Rakyat that he has a vision for the nation with his now rather tattered “1Malaysia. People First. Performance Now” sloganeering.

    On the other, he needs to pound through ‘legitimacy’ of the BN government in Perak. He desperately needs everyone inside Malaysia and around the world to accept that what HE did was indeed legal, lawful and constitutionally correct.

    The Rakyat see on a daily basis how the slogan has so far proven to be just empty words. But set against what this slogan purportedly promises are actions like the Perak power grab.

    Hmmmm…the Indian astrologer is quite accurate – one mess after another getting his reign quite muddled fast…by end of the year we will see new leadership in place – as written in the stars.

  13. Never trust Najib in anything. The corruption level in UMNO is increasing by the day. As Tun Musa Hitam rightly pointed out, corruption is the biggest problem Malaysia has. Najib seems to be embarking on a smear campaign against Anwar by getting people like Anifah to demonize Anwar, and to clear himself from the Altantuya case. The international community has been following all these high profile cases, and the rot in the Malaysian judiciary is known worldwide. Many foreign leaders do not have much respect for Najib.

  14. It seems that everyone has the mistaken notion that it was DSAI who started the frog-jumping exercise.

    DSAI did not start the mess. It was BN that was trying to topple the Selangor and the Perak state governments immediately after the 2008 election even before DSAI hitched on to the idea. Ask Abdullah Badawi and Toyol for the facts.

    In Perak the sultan took 2 weeks to recognise the Pakatan state government. In the meantime, BN was feverishly trying to buy some Pakatan’s assembly people. Ask Tajol Rosli for the facts because he announced that the BN will topple Pakatan by August 2008. Ask Sivakumar how much BN offered him. Finally when they couldn’t stop the Pakatan from forming the state government, the sultan tried a last-ditch attempt by throwing a spanner into the works: he appointed Nizar from PAS as the MB hoping that the Pakatan would naturally split. But it was not to be because the whole country had a pleasant surprise: DAP and PAS were able to co-operate admirably under Nizar’s leadership and this confound the BN to no ends.

    Najib is telling a big lie: the mess in Perak was created by him and for him alone, i.e. to salvage his chances of becoming the PM in spite of the many skeletons he was carrying.

    See how short people’s memories are?

  15. He knows that he will loose in the stae election. He is scared stiff. loosing byelection after byelection.
    He caused the mess and now puts the blame on the Sultan of perak.
    Najib, u would go down in history as the lousiest PM of M;sia

  16. vsp Says:

    Today at 21: 55.59 (1 hour ago)
    It seems that everyone has the mistaken notion that it was DSAI who started the frog-jumping exercise.”

    how stupid can anybody get?? no law to prevent frogs from doing what they do best which is to jump. so they jump.

  17. ppl who influenzed by H1N1 ,how come no information about them? where he staying once return to malaysia? so that the neighbour can prevent to go test blood..
    why want to cover case. health ministry

  18. TomThumb à la Undergraduate à la Mr Bean the imposter lawyer buruk who claims that he is a doctor teaching Mat Sallehs on law. So you think that you have migrated to Din Merican’s blog as your playground that nobody recognise you as Undergraduate2, the former ambulance chaser on LKS blog?

    Idiot, it was because of how you teach the Mat Sallehs on law that they have become so confused and make a terrible mess to their economy. So stupid, can’t even understand what ‘intelligently challenged’ means.

  19. Separation of power? They know very well what it is but the BN having been in government for far too long simply adopted the attitude – “what is yours is mine, what is mine is also mine, semua sapu!”

  20. The British frog was Sir Winston Churchill. He jumped twice : Conservative to Liberal in 1904 and rejoining the Conservative Party 20 years later when Labour replaced the Liberal as the main opposition party in 1924.

    BN Spinners have come out saying that if a man of historical stature and greatness like Churchill could do it – defecting his political party twice – so could the 3 Kataks in Perak Legislative Assembly, never mind one of the Perak “kataks” actually beat Churchill’s record of defecting from UMNO to PKR and then re-rat/defecting back to UMNO all within a period of 2 weeks!

    How do we answer this comparison of Churchill with our 3 Perak Kataks?

    Well we could take a line that Churchill was a unrepentent political opportunist, no better in this respect than the 3 Perak Kataks. Churchill is even known to have proudly said, “Anyone can rat (or change parties), but it takes a certain ingenuity to re-rat.”

    There’s this story that whilst campaigning, Churchill asked a man for his vote. The man replied “Vote for you? I’d rather vote for the devil.” Churchill quickly responded with “I quite understand, but since That Man (the Devil) is not running this time, could I count on your support?”

    Churchill was also an imperial colonialist believing it was Britain’s destiny to rule the world. He is known to have called Mahatma Ghandi, an icon fighting for India’s independence from colonial yoke, “a half-naked fakir, who ought to be laid, bound hand and foot, at the gates of Delhi and then trampled on by an enormous elephant with the new viceroy seated on its back.”

    There is nothing great – indeed quite everything the opposite – about his imperial opportunistic trait.

    He was great for other more edifying attributes : for eg, according to JF Kennedy an ability to inspire Britons huddled in fear by sending – besides army, planes and ships – the English Language to battle; a inborn bull dog stubbonness and refusal to yield to the enemy. Since young, he liked to read about war, military strategies and campaigns. He found himself in the right time and right place to achieve greatness in resisting Hitler in isolation, until help arrived in due course from the New World (America) to save the rest of the free world.

    But even this political frogging, Churchill has something to say in his own defence : “Some men change their party for the sake of their principles; others their principles for the sake of their party.”

    Churchill argued that he belonged to first category.

    Unlike the 3 Perak Kataks, none of Churchill’s two times frog jumping led to any collapse of any coalition government or transfer of power; each of his frog jumping to the other party saw him contesting and being re-elected under the ticket of the new party within period of not more than two years of jumping.

  21. I truely cannot wait for the next election to come now!

    I 100% believe that MANY rakyat will vote for
    Pakatan Rakyat in the next election, and hope that
    the leaders in Pakatan Rakyat will lead the country
    in the future.

    God Bless Us.

    May this dream come true… very fast!

  22. Where is TomThumb, the UMNO stormtrooper? These parasites are becoming more sophisticated. When anyone speaks out against bad laws, they will argue that it is the law of the land and the oppressors have the right to act.

    The last time he was masquerading as Undergraduate2 who thinks he know all about laws. Now he is shrinking into a TomThumb and and doing an á la Lingam act: corek, corek, corek. Stupid, intelligently challenged ambulance chaser!

  23. Do not compare British frogs to Malaysian frogs.
    Do not use grandfathers era to talk modern times.
    British frogs…no mater how many times they jump…they are jumping….without being bribed and all Brits are patriots…never use race and religion to fool their countrymen.
    Without Churchill ..perhaps WW2 may end up Germany ruling Europe and Japan in Asia for a longer period…resulting millions more may have died.
    Churchill is world wide well respected for his success and speeches.
    Yes..he did insult Mahatma Gandhi….like a normal enemy…about to loose the grip of India. That’s politics.
    UMNO politics is the politics for jungle uneducated people.
    Shamelessly dressed up with false titles and each person…stealing millions…to go out and belittle Malaysians…hoping all are afraid of them…and Malays hero worship them.
    Malaysian politics is the dirtiest in any developing or developed country.
    We are able to withstand all their double standards and stealing fr9o UMNO..because Malaysia so rich and country IS managed by employees…not by UMNO ministers at all.
    We need to vote them out…to save millions each day…on unproductive workers. UMNO is wasting millions per day..just to keep talking politics.
    Biggest problem is….the6y do have a sizable amount of members that they can keep fooling..and those are racialists and fanatics..and weird characters….just like all of them.
    You see…when you keep lying and stealing….your good and bad personality keep contradicting and fighting each other in your body….anyone will be weird.
    Now go try and identify…how many weird ones you can find in UMNO and BN.

  24. Najib claimed that BN had the majority in the Perak State Assembly and therefore BN should form the state government in accordance with democratic principles.

    Najib should know that the word ‘majority’ in this context referred to ‘manipulated majority’, ‘hijacked majority’, ‘forced majority’ or ‘illegal majority’ as it did not have the support and blessing of the Perak people.

  25. Najob wouldn’t recognise what ‘…the support and blessing of the Perak people…’ means even if it hit him in the face, pounded him on the chest and crushed his nuts.

    How could he? He did NOT have the support and blessing of the Malaysian Rakyat when he waltzed in to the post…he inherited it by default. And he tippy-toed in dragging with him all that baggage. TDM and he think that Malaysians mudah lupa. Maybe so but with blogosphere at work, the baggage will never ever go away until it is resolved and he comes clean. Malaysians will not mudah lupa. Malays will not muda lupa. Chinese will always recall ‘…1987, bathe this keris…’ May 13 will not be buried in time until there’s TRUTH established, sincere REMORSE expressed, CLOSURE achieved, then a REBIRTH of MALAYSIA must happen with an outright rejection of BN and all racist parties and sectarian politics.

    At least, his predecessor won a thumping endorsement by the Rakyat before blowing it all in one term.

    The Indian astrologer’s prediction is on track-lah.

  26. It would be the HIGHEST insult to Perakian, Malaysian and Nation.

    Let him claimed that have majority by dirty corruption buying of corrupted candidates.

    Let them hijacked power without respect of laws and justice in daytimes inside highly respectable place Perak Assembly hall by illegal MB and speakers.

    It would be the HIGHEST insult to Perakian, Malaysian and Nation.

    It would be the HIGHEST insult to Perakian, Malaysian and Nation.

    The PERAK ASSEMBLY MUST RESOLVE TO DEFENCE JUSTICE AND DEMOCRACY FOR THE PEOPLE.

  27. On the political crisis in Perak, Mohamed Nazri said, the court was the best avenue to settle the dispute and that there was no need for a fresh state election as the state legislative assembly was still intact.

    “There is no hung assembly”, he said, adding that the request to dissolve the state assembly cannot be made by the minority.
    ====================================================

    Why is Mohamed Nazri so confident that the court is the best avenue to settle the dispute? Everybody knows Zaki is there to ‘help out’!

    How can the state legislative assembly still be intact when there is an illegitimate MB as ruled by the High Court?

    The request to dissolve the state assembly cannot be made by the minority neither can it be made by an ILLEGITIMATE MB.

  28. If it true of involvement, then JAC which formed last year is nothing but a front page news only.
    What is purpose of General election to rakyat as their vote are invalid or it just a show or traditional custom like festival celebration??
    A govt. who rule the cuontry or state but the rakyat is not happy or suffered could create havoke,chaos & panic, in tense situation. Darurat??!!-Emergency rule!!

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