Posted on by Kit

5-minute finding (not judgment) of Ct of Appeal shot-gun session declaring Zambry lawful Perak MB – hydra-headed monster claims another victim

The hydra-headed monster of the Perak crisis has claimed another victim with the 5-minute finding (and not judgment) of Court of Appeal shot-gun session declaring Zambry lawful Perak Mentri Besar.

All who packed into the Court of Appeal in the Palace of Justice in Putrajaya to hear its judgment in the Nizar vs Zambry appeal could not believe that the whole shot-gun session was over in five minutes of delivery, not of a judgment, but findings of the Court of Appeal.

There was no reasoned grounds of judgment but mere findings of the Court of Appeal in an unanimous decision, i.e. 3 – 0.

As Professor Shad Faruqui had presciently written in his weekly newspaper column, the Perak crisis has become “a hydra-headed monster that cannot be eliminated by ding-dong judicial decisions”, and today, the hydra-headed monster has claimed another victim with the five-minute finding (not judgment) of the Court of Appeal shot-gun session declaring Datuk Zambry Abdul Kadir as the lawful Perak Mentri Besar.

The Prime Minister, Datuk Seri Najib Razak told the Singapore press that Barisan Nasional suffered from a public relations problem in not giving proper explanation of the Perak political and constitutional crisis and allowing the Pakatan Rakyat to distort and poison the minds of Malaysians.

Najib cannot be more wrong. The Barisan Nasional’s problem in Perak is not a “PR” problem but something more basic and fundamental – that the unethical, undemocratic, illegal and unconstitutional power grab he orchestrated in early February went against all canons of ethics and propriety as well as violates accepted democratic and constitutional principles.

Najib cannot win in the court of public opinion even with the 3-0 Court of Appeal judgment. All it means is that the restoration of national and international confidence in the independence, impartiality and integrity of the judiciary is still a long distance away.

For Najib’s own good in the next general election, he should be bold enough to admit that he had committed a colossal error of judgment in orchestrating the illegal power grab in Perak and agree to dissolve the Perak State Assembly to return the mandate to the people in a Perak state general election for Perakians to elect the government of their choice.

73 Replies to “5-minute finding (not judgment) of Ct of Appeal shot-gun session declaring Zambry lawful Perak MB – hydra-headed monster claims another victim”

  4. Uncle Kit,

    I am very disappointed but not shocked, discouraged but not suprised but the 5 min “shotgun” session of the “findings” of the Court of Appeal.

    I, as a supporter at the junction of whether to press on the fight or call it a day and focus on the upcoming 13th Nationwide General Election. However, calling it a day, will mean that we are giving up the fundamental rights of the people enshrined in our Constituition and universal human rights and the principle of democracy.

    I couldn’t agree more in calling the Perak Crisis turning into a “hydra-headed monster crisis”, the victims- the people.

    Even after the Federal Court decides on the legitimate MB of Perak, the legitimacy of the infamy May 7 Perak State Assembly meeting will be in question, in courts again, I am sure.

    By large the Perak State Assembly is crippled unless Pakatan Rakyat Assemblymen allow it to run “smoothly and mocking” the democratic principles and the rule of law of the Constituition.

    Without being disrespectful to the Court of Appeal “findings”, I want to salute Justice Abdul Aziz of the Kuala Lumpur High Court, for his proper, detailed written judgment which took an hour session to be read out on 11 May 2009.

    As for the Court of Appeal “findings” that the Perak crisis is distinguished from Stephen Ningkan crisis, of course it is distinguised because one is happening now in Perak (Nizar), another has happened sometime ago in Sarawak (Stephen). Everyone agrees on that difference…!

    I look forward to the written “findings” of the Court of Appeal backed up with logical reasoning and facts of the written law…I think I am dreaming again….sigh….

    Thank you Nizar and Pakatan Rakyat for fighting so hard for the people…while it is clear that Barisan Nasional is fighting so hard for the power…

  5. Semua orang dah tahu permainan Najib dan BN untuk merampas Perak. Anda boleh terus melawan tetapi kekuatan mereka berganda-ganda “dari semua arah”.

    Elok semua orang tumpukan perhatian untuk kumpulkan tenaga untuk 3 tahun lagi. Ya! Bersabar dan BEREHATLAH DULU susun strategi… TUHAN bersama orang-orang yang benar! You can lose today, but not tomorrow!

    Start working harder from today till the next Pilihan Raya!!!

  6. the court result end off saying that we can change government everyday as long as u have enough support without meeting required. What a fool!!

    Yesterday 2 YB support BN, cause the change of government. Today 3 Support PR, change again! Tommorow fews support BN, change governement again XD. This cause the government paralyze. That is why the meeting is necessary needed.
    Lack of support should not be a reason to change a government which will cause paralyze when it changing everyday by some dumb YB (they have no principal).

  8. Shocked! Disappointed!
    Why?
    What do ppl expect when eggs are thrown against a wall?
    Expect the wall to crumble?
    It’s the cancerous system, stupid
    System no change and the cancer continues to metastasize

  14. “The Prime Minister, Datuk Seri Najib Razak told the Singapore press that Barisan Nasional suffered from a public relations problem in not giving proper explanation of the Perak political and constitutional crisis and allowing the Pakatan Rakyat to distort and poison the minds of Malaysians.”

    – so Najib still think say nice things, cosmetics and dead man ang pow at the last minute will continue to coin Malaysian voters?

    – maybe for some ignorant selfish hillbillies in Sarawak, Sabah, Melaka, Pahang, Perlis, Terengganu, N Sembilan maybe true (other states too) but please do not insult the intelligence of the rakyat that can analyse and deduce.

  15. Hi Kit,

    Don’t you think that is it time for civil disobedience? All the institutions have failed us. We need a leader to lead us in civil disobedience.

    I am also very concerned for the brave judge who ruled for Nizar last week. I pray that God will protect him and look over him.

  16. The independence and intergrity of the Judiciary in Malaysia is in question again! A mere 5 minutes finding and not a judgment? What a mockery of parliamentary democracy in our country!

  17. Uncle Kit, Now shall we roll the ball back to the king? Sack PM #6 now? Since Sultan can sack MB…. i’m looking into another view, Zombie victory is PM hell, meaning maybe another party want BN win to see as Sultan can sack MB n King can sack PM, great deal! So don’y worry Nizar n gang be happy.

  18. The fact that the 3 judges could not justify the grounds for their decision speak volumes and shout it loud and clear to all and sundry that they had given a “command performance”.

    BN has dug the hole deeper to bury themselves.

  20. Reminds me of a cowboy proverb
    “When you find yourself in a hole, stop digging”.

    Too bad they have now escalated the digging process – before they used a shovel, now it’s a huge excavator.
    Yeah, of course the media will spin a sorry tale for them – pity the BN yah, just 3 more years or a little more.

  21. What happened will be remembered by my generation and all the generations to come what Bn did to the rightful people of Perak. This will go down in history to all malaysians that there is no more justice in this land. Made sure all my friends whether chinese, malays or indians will be over in PR side as from now. We are not against malays but corrupted and dishonest one and that includes Mca, Gerakan and Mic. If even Pas takes over the Gorv., and only allows hudud for the muslims only then I am for it. At least I see Pas as more honest then Amno. Anyway, we are still with PR all the way.

  23. Rubbish government, there is no such thing as 1Malaysia. They pay no attention to the rakyat, and keep on humiliating the democracy. Bloody fool, they should be burned in hell!

  25. Thumbs up to Najib and his UMNO goons.
    He sure is making everything so easy for PR.

    Is Malaysia going to be a police state? No we are ALREADY a police state. When the police and judiciary can flaunt the laws and constitution to prop up whatever government they want, then we are already police state.

    Look a Myanmar. Seriously, how different are we?

  27. One kangaroo or three kangaroos they are all the same. The result was not a surprise and it was expected with reasonable certainty. No big deal but a mockery to democracy.

    This was another way to save face before fresh election is being call.

  28. Today’s court decision implied that there is no need to move a motion of no-confidence to remove the Prime Minister from his seat. PR can make use of this piece of new information to remove Najib from his seat!!!!!!

  30. I’m sure many of us have grown numb from monitoring the cumulative misdeeds of Umno/BN – not only in the Perak crisis but since GE12… nay, since Razak became PM … It’s clear that the dying beast will go down thrashing its tail, so a few casualties may be inevitable… but DIE the beast MUST!

    For the record I’d like to commend Kenny Gan on his acerbic & incisive comments on this post (& wherever else he chooses to share his acute political insights).

    And, of course, another salute and a big hug to the People’s Hero LKS who, after more than 40 years of banging his head against the BN stonewall, miraculously remains lucid, unfatigued & as inspiring as ever. Bravo, sir! :-)

  31. “Truth has prevailed!”
    What the blardy hell is that “charcoal head” talking about?
    These … are lying not only to themselves but to god as well!
    I really wish god is around so that he could zapped these suckers to hell.
    Hope it won’t be long ‘cos I really cannot wait!!!

  32. Start with the sacking of Tun Salleh Abbas, next the Lingam Gate, now we have all events related to Nizar and was well commented no other than the retired Appeal Court Judge NH Chan. Now, ask your self do you really surprise on the verdict? No, it was as expected. It has been written on the wall and it is over in just 5 minutes. Now they are working hard and may be brought in Limgam to assist to write the judgment within the week? Why not? You can always cut and paste with this morden technology.

    have a nice day folks. The next expected verdict will be the PKFZ. This time by the master, Cabinet

  33. when i read RPK commented that nowadays, hakim Malaysia sit inside the tainted car not because of security reason but they are too shame to be seen as hakim Malaysia. Well today verdict is another testimony to this statement.

  35. Thank you, adoionline for your compliment. At least one person reads my comments!

    Some have postulated that BN is aware of the tide of public opinion against them and may allow fresh elections in Perak despite their court win. I don’t see this happening at all. We are dealing with pirates with the attitude of might makes right” and Umno has never bothered much about being on the right side of public opinion.

    Why risk the public ire of arranging a blatantly partial court decision if their intention is to dissolve the Assembly? They may as well allow the court to rule against them, earn some brownie points for a “fair judiciary” and use the decision as a face saving excuse to let go of the Perak govt. The beauty of it all is that the blame is passed to the sultan for not following proper procedures in dismissing Nizar.

    No, Umno fully intends to hold on to Perak even if they have to ride roughshod over public opinion. No democratic govt which has to face elections will do what Umno does but to understand Umno, you have to realize that their mentality is still trapped in a one party system which they can never lose although a 2 party system has sneaked up on them since 308.

  36. Malaysia is the land for instant noodle. So this instant noodle court decision is sama sama. I wonder there is any body out there, especially investors who would trust these three judges or for the matter any Malaysia judges. They can give a judgment with hardly any thinking. They can give a judgment with any no writing. No argument, no research, nothing. “Just tell what result you want, we guaranteed it” judges.

  39. 5 minutes. Hmmmm. They needed to quickly get away.

    Findings? No. Excuses.

    Written judgement? They will probably steal the points raised by Zambry’s lawyers and say “we agree and believe with them”.

    Easy job these days for judges. And they needed 1 day to “think” about it.

    Which way is the wind blowing now?

  42. I had expected that decision because of 2 Judicial Systems in Bolehland.

    What an extraordinary 5-minute finding. Neverthelesss, the people will respond to the extraordinary 5-mintue finding in the fresh elections (if there is one in Perak) or good bye-elections (if the 3 frogs resign) or the NEXT GENERAL ELECTIONS. Next change.

    Only people without brain says that there is no longer any crisis in Perak. BeEnd JUST WAIT THE BATTLE IS FAR FROM OVER. The Perakians have yet to speak…………. JUST WAITING FOR THE TIME TO COME to put an end to EXTRAORDINARY FINDING.

  43. The PR had obviously been foxed by UMNO. I think they cannot say that the court is biased now as they were lured to jubilantly celebrate their short live victory and declaring that“this is the first step of judiciary independence” and in Anwar own words “ The High Court’s decision is a triumph of the Rule of law and affirms that the Constitution is the highest law of the land” meaning that there is justice by the court of this country. PR and Anwar, sorry you had misjudged and falls into UMNO’s trap by saying all those lovely things about the court when you just won a battle not knowing that you are going to loose the war.

    Please go to my blog (www.towardsgoodgovernance.blogspot.com)and read what I have written on 13/5/09. Then you will appreciate what I meant by “The Wayang kulit of the judiciary directed by UMNO).
    Datuk Seri Anwar, I am sorry to say that after so many years of political experiences and a long time with UMNO you are still oblivios of UMNO tactics, especially in the tampering of the judiciary.
    All of you are foxed and it is better you not say that the court is biased now as you will be seen as a sore looser.

  44. the cafes, and everywhere, you can hear today rakyat saying *%#@!#aggh F***^^^ about the ct of appeal’s decision. 360 degrees around us, people share similar sentiment. that is, statistically concluded 89.7% supported PR, and definitely BN will lose in next GE, which concluded further it’s beyond disrepair. It has come to a level, that PR is very strongly supported by a strong majority of rakyat. God knows…

  45. The outcome is as expected. The Malaysian judiciary is enslaved to UMNO. The CJ and AG are both UMNO puppets. [deleted]. The injustice caused to the rakyat and innocent victims of crimes will be justified by The Almighty.

  47. The Pakatan Rakyat must learn from this Perak episode. Its State governments in Penang, Kedah, Kelantan and Selangor must now amend their respective State Constitutions to ensure that this Perak episode is never repeated in their respective states.

    Ensure the Rulers remain Constitutional Rulers. Define their duties clearly, no lacunas, what they can do and cannot do. And everyone knows their places.

    No more Peraks. That State is now a Joke.

  48. All is not lost yet. We still have the Federal Court to apply for an appeal and see the outcome of it. We have not seen the last of this bitter Perak impasse, least of all Pakatan!

    Though YB Nizar lost in this round at the Court of Appeal, the Perak voters and right-minded Malaysians in general are still with the embattled Pakatan MB who has shown much strength and determination in facing this political battle of the bosses. The hearts and minds of the majority rakyat are with Nizar. All the best at the Federal Court!

  49. My personal opinion is that, if they are so hard-up to win by whatever means, let them win. Rakyat who determine who is the ultimate winner.

    There is no point of appealing against the CoA ruling. What Nizar and the rest in PR should do is to recruit and train more youngsters to strengthen their grassroots so that in time to come, more quality MPs and Aduns can be churned out instead of the 3 frogs that betrayed their dignities.

    Lost a battle and you shall win a war later. A fresh election in Perak is still imminent, either they want it or not. Ultimately, rakyat is still the boss, not the court, political party, monarchy or whatever you named them, in a democracy.

    Substance over form, Nizar is still the man.

  52. Once again, the Malaysian taxpayers are made suckers, forced to support the kangaroo courts in the country… for the benefit of UMNO scumbags!
    Having our hard earned money paying these corrupted judges is one thing….having to face the embarassing questioning asked by foreigners is hard to accept…. only thick skinned UMNO goons are capable of evading the truth with all their twists and turns…lying is in their second nature.

  55. Najib may have won the battle, but I am sure he will lost the war, if PR plays it right. Harp on the independence of the judiciary in the next election and this incident will surely be an Achille’s heel for the BN.

  57. The case will move on to the Federal Court however Nizar and Pakatan should not expect the court to overturn the 5 minute finding of the Court of Appeal. But one thing is sure; Paul Augustine will be one of the Federal Court judges to hear the appeal. You will hear lots of “irrelevant, irrelevant, irrelevant……………………………irrelevant.

  58. chengho, time to heal the wound? what bloody wound are you refering to? you are far too morally stunted to see that there is a cancerous tumour in malaysia today…and that cancer is Born Nincompoops. and the only way to get rid of a cancer is to cut it off, chop the putrefying flesh off.

    come GE 13, the people of malaysia will chop this cancer off. I look forward to that occasion when I can cast my ONE vote as one small nick amongst millions of nicks to cut the bloody cancer off.

    [deleted]

  59. 5 minutes judgment….ignoring hours of waiting.
    Can’t the judges give more lengthy explanation?
    Can the judges understand our suspicions?
    Sure they do. Quick verdict,….talk less…safer.
    kerisshamuddintis….chengho have one screw loose…in the brain.

  60. hhhhhhhmmmm..5 minutes judgment made.
    Poor fellas…waited for hours for 5 minutes….case close.
    Judges must be praised for such fast and speedy work done.
    I hope all the hundreds of thousands of cases pending for judgments .be thrown off… or sentence passed…case close too.
    I have been call as a witness with 4 postponements…dragging me to court for 1 year..doing nothing…wasting my time…and if I do not appear…as if..not co-operating with the government…I can be arrested!!
    That’s how much respect I get as a witness.

  62. enuchs ,,,,….and in commanding positions…huh…in the millenium age of rockets , lasers, solar power, cellular phones, GM foods and maybe even flying saucers….

    as usual their allegiance is measured by assurances that no harm comes to them and they will be reunited when kingdom comes.

    now it is really 4 fore…hoooolan
    are we moving forward ,,,,ehhhh which way is the forward direction?

  63. IF YOU GOONS SITTING IN THOSE PARLIAMENTARY SEAT HIGH UP THERE CANNOT DECIDE WHO SHOULD BE MB OR WHAT SO EVER.

    LET THE RAKYAT DECIDE. WE PAY YOUR SALARIES.

    THIS IS THE ONLY “DEMOCRATIC” COUNTRY WHERE THE PM IS CHOSEN AND NOT ELECTED.

    WHERE IN OUR CONSTITUTION STATES THAT THE PM IS TO BE CHOSEN AND NOT ELECTED?????

    SOMEONE PLS ENLIGHTEN ME.

  64. This is once in a lifetime magic carpet
    that a judge or civil servant dies for
    to prove their taat setia
    and to fly, fly higher and higher
    big fat position, pay, allowance
    semua kow tim for life, yeah

  66. See didnt najib declared the high court decision as merely a problem that can “be solved”.

    This is an important case of wide and far reaching public and constitutional impact. Judges throughout the world would be writing thesis on similar cases to explain and if that is not possible, at least to justify the stand they have taken in the final decision.

    Wow just 5 minutes huh?

    Umno and najib are digging deeper into their own graves. As if 6 ft was not enough. But that is typical of them. They have not learned the lesson of losing in 308. Could anyone have imagine gerakan, mca and mic being wiped out almost completely? The same fate now awaits umno and najib. But of course najib will fall sooner. As of now he is already a goner!

  68. BN using shit idea again.
    1st time they send one assemblyman defected to pkr afterthat they took 3 assembly man from pakatan.
    this time, they allow highcourt declared nizar is rightful MB afterthat use court of appeal to changed final decision.
    erm…so now they dont contest in penanti. afterthat what will happen ? beware Pakatan

  69. On 23/5/2009 at 21:37.05, chengho said:
    time to heal the wound , Nizar to concede defeat like Algore did after Supreme Cort decision on RECOUNT in 2000 USA presidential election…..

    Without doubt, in the 12th General Election, the people of Perak has given their mandate to Pakatan Rakyat to administer the state of Perak without needing a recount of votes.
    So, why should Perak MB Nizar concede & admit defeat when the Pangkor ADUN can’t even prove that UMNO’s BN has the people’s mandate to govern in Perak?
    No doubt the pride of UMNO’s BN has been wounded by its election defeat in Perak, but instead of conceding and admitting defeat itself, it has to engineer a power-grab, and now it is likely not even time can heal its wound…

  72. \For Najib’s own good in the next general election, he should be bold enough to admit that he had committed a colossal error of judgment in orchestrating the illegal power grab in Perak and agree to dissolve the Perak State Assembly.\

    power grab. orchestra. dissolve assembly. anything new??

  73. Should a written judgment be given before an order can be imposed to lift the previous order?
    HAD COURT OF APPEAL FOLLOWED THE PROPER PROCEDURES?
    IF NOT, SHOULD SUCH ORAL DECISION BE CONSIDERED AS NULL AND VOID?
    Since no written judgment provided with points of law, there is no way for Nizar to appeal further or in time. Or, simply, Nilar should seek a review on Points of law.
    What kind of Court of Appeal, is it?
    No wonder SHAH ALAM HIGH COURT can issued order without Judge decision!!
    A part of Malaysian Judiciary Culture?

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