Friday, June 19, 2009

MB vs MB: Nizar files appeal today - Malaysian Insider

KUALA LUMPUR, June 19 — Former Perak Mentri Besar Datuk Seri Nizar Jamaluddin will be filing his appeal to be lawfully reinstated to his post at the Federal Court registry in Putrajaya at 3pm today.

Picture courtesy of Malaysiakini

But he is troubled that his appeal will go smoothly.

“He’s supposed to appeal against the Court of Appeal showing that they erred but he has to to do it without their written grounds,” Leong Cheok Keng, a lawyer for Nizar, told The Malaysian Insider today.

Nizar has yet to receive the written judgment from the Court of Appeal this morning, the deadline for filing in the appeal.

The Court of Appeal last month overturned a High Court ruling declaring Nizar to be the rightful mentri besar of Perak.

The three-man panel of judges had promised to provide the grounds for dismissing his appeal within a week of their oral verdict — but failed to do so.

The written judgment, while not a must for Nizar's case to be forwarded to the Federal Court, would have provided the key reasons for the dismissal. Without it, Nizar's legal team is taking shots in the dark.

The legal team, headed by former Bar Council president Sulaiman Abdullah, maintains there are important constitutional questions that have not been answered, namely who had the right to sack Nizar as MB when he refused to resign?

The decision by the three Court of Appeal judges has effectively legitimised a Barisan Nasional (BN) coup in early February, putting the MB's seat in the hands of its Pangkor lawmaker Datuk Seri Zambry Abd Kadir.

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