Wednesday, May 13, 2009

Stay Order = No Decision Yet - Malaysiakini

By Lim Kit Siang

To prevent confusion among people as some of the newspapers have misleading headings and information, the fact of the case is that the Court of Appeal (CoA) is just a stay order. Actual decision has not been made.

The CoA decision is a temporary remedy to the KL High Court decision two days ago, which declared Nizar as the rightful menteri besar. It is not a reversal of that decision. The stay of execution merely delays the effect of that decision.

The truth remains that Nizar is the rightful menteri besar as decided by Justice Abdul Aziz, which deliberated in detail all the submissions from both sides. The CoA judge Ramly did not do that. Not yet. He only considered the special circumstances as submitted by Zambry lawyer for a stay order. An actual appeal process, which can take much longer, will deliberate in detail later.

In other words, as long as Zambry does not get a reversal of that High Court decision from any of the superior courts, i.e. CoA and Federal Court, he is found to be illegimate. But because he got the stay order, he will continue to go into the menteri besar office. In the mean time, Nizar, who was declared the rightful menteri besar, is still the rightful menteri besar of Perak, as long as that decision is not reversed.

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