Read the following posting in Malaysiakini today:
View the video clip captured by Malaysiakini here:
Footage of 'speaker dragged out' banned
May 13, 09 6:54am
The one enduring image of the controversial May 7 Perak assembly sitting was that of speaker V Sivakumar being physically removed from his chair and dragged out of the chamber to allow his rival, R Ganesan, to take over the proceedings.
A TV station has video footage of the dramatic moment but Malaysians did not get to see it on the orders of its owner, Media Prima.
Media Prima, which is believed to be linked to ruling party Umno, controls the country’s four free-to-air private TV stations - TV3, NTV7, TV8 and TV9.
According to a source who requested anonymity, the staff were given ‘directives’ from senior managers on the evening of May 7 not to screen the controversial footage despite one of its stations had captured the whole incident on tape.
More news at www.malaysiakini.com
Wednesday, May 13, 2009
Tuesday, May 12, 2009
Pakatan MB, excos vacate office - Malaysiakini
May 12, 09 2:47pm
Pix courtesy of Malaysian Insider
Pakatan Rakyat Menteri Besar Mohammad Nizar Jamaluddin and his executive councillors vacated their office this afternoon.
Saying they respect the Court of Appeal's decision, the MB and his excos left the state secretariat building in Ipoh at about 2.30pm, some seven hours after taking over the reins of administration again.
Pakatan lawyer Chan Kok Keong said they are waiting for the sultan's reply to Nizar’s request for dissolution of the state assembly.
He pointed out that the request was made before the Court of Appeal delivered the stay order this afternoon.
"It (the request) was delivered early this morning and we are still hopeful that we will not be a disappointed for a second time.
"Regardless of whether any menteri besar has requested for a dissolution, the state constitution provides that the sultan has the discretion to dissolve the assembly without advice," he said in a statement.
"Therefore, by comparison, (Barisan Nasional's) Zambry's (Abd Kadir) claim to be the lawful MB is weaker than Nizar. At best, there are two menteris besar.
"At worst, Zambry is an imposter whose claim to hold on to power has neither legal basis nor authority," he added.
According to Chan, Nizar's position is morally and legally better than Zambry's.
Although a stay order was granted, he said, at least Nizar has a court declaration whereas Zambry has none.
"The judgment has only been stayed, not set aside. The moral victory is still ours although the legal victory has been paralysed by the stay order.
"What took weeks to prepare and after painstaking efforts of arguing the finer points, the (Kuala Lumpur High Court) judge delivered his judgment. In less than half a morning, the legal effect of that judgment was suspended by a single judge of the Court of Appeal," he said.
"We believe that the weight of authority of (high court judge) Abdul Aziz Abdul Rahim’s judgment must be greater than the order of the Court of Appeal," he added.
More news at: www.malaysiakini.com
Pix courtesy of Malaysian InsiderPakatan Rakyat Menteri Besar Mohammad Nizar Jamaluddin and his executive councillors vacated their office this afternoon.
Saying they respect the Court of Appeal's decision, the MB and his excos left the state secretariat building in Ipoh at about 2.30pm, some seven hours after taking over the reins of administration again.
Pakatan lawyer Chan Kok Keong said they are waiting for the sultan's reply to Nizar’s request for dissolution of the state assembly.
He pointed out that the request was made before the Court of Appeal delivered the stay order this afternoon.
"It (the request) was delivered early this morning and we are still hopeful that we will not be a disappointed for a second time.
"Regardless of whether any menteri besar has requested for a dissolution, the state constitution provides that the sultan has the discretion to dissolve the assembly without advice," he said in a statement.
"Therefore, by comparison, (Barisan Nasional's) Zambry's (Abd Kadir) claim to be the lawful MB is weaker than Nizar. At best, there are two menteris besar.
"At worst, Zambry is an imposter whose claim to hold on to power has neither legal basis nor authority," he added.
According to Chan, Nizar's position is morally and legally better than Zambry's.
Although a stay order was granted, he said, at least Nizar has a court declaration whereas Zambry has none.
"The judgment has only been stayed, not set aside. The moral victory is still ours although the legal victory has been paralysed by the stay order.
"What took weeks to prepare and after painstaking efforts of arguing the finer points, the (Kuala Lumpur High Court) judge delivered his judgment. In less than half a morning, the legal effect of that judgment was suspended by a single judge of the Court of Appeal," he said.
"We believe that the weight of authority of (high court judge) Abdul Aziz Abdul Rahim’s judgment must be greater than the order of the Court of Appeal," he added.
More news at: www.malaysiakini.com
Dissolve state assembly, Ku Li urges Sultan - Star
May 12, 2009 By SYED AZHAR
KOTA BARU: Umno veteran Tengku Razaleigh Hamzah has urged the Sultan of Perak to dissolve the Assembly to prevent the political imbroglio in the state from spiralling out of control.
In a blog posting on Monday, he noted that he had written on Feb 7 that Mentri Besar Datuk Seri Mohamad Nizar Jamaluddin was still the legal mentri besar despite the takeover by Barisan Nasional.
He had said then that according to the state constitution, Nizar was the mentri besar until he resigned of his own accord or was removed by a vote of no confidence in a formal sitting of the Assembly.
The Perak constitution makes no provision for his removal by any other means, including by petitions or instructions from any other authority, he had written then.
“Today, after three months and yet more shameful scenes, the High Court affirmed the same elementary principle, and held that Nizar has been and remains the mentri besar,” Tengku Razaleigh wrote on Monday,
The High Court also ordered Datuk Seri Zambry Abdul Kadir and his executive officers to vacate their offices, and rejected an application from Zambry for a stay of proceedings pending an appeal.
Tengku Razaleigh urged the Sultan of Perak, Sultan Azlan Shah, to dissolve the Assembly.
“This is the decent thing to do, but also the only way out of a crisis which has already spiralled out of Perak, damaged the rule of law, compromised the judiciary, the police and the state civil service, and damaged the monarchy in public opinion,” he said.
He said the Dr Zambry’s administration had been illegitimate all along and all decisions and contracts were made without legal status.
“The cascade of illegalities we warned of must now be unwound painfully. This includes the deplorable events of May 7 in Ipoh. It means the resolution to replace the Speaker was brought by an illegal state government,” he added.
In his no holds barred style, Tengku Razaleigh also said that the monarchy itself has been embarrassed by this episode, as well as by “a systematic programme by some to inflame this issue into one of race and treason.”
“Such attempts only hurt the institutions they claim to protect, and they hurt Umno and Barisan Nasional.
“The real issue has always been the Constitution and the Rule of Law, and the monarchy is protected in its role of upholding the primacy of the Constitution.
“Umno is not well served by leaders who place short-term political objectives above the Constitution,” he added.
KOTA BARU: Umno veteran Tengku Razaleigh Hamzah has urged the Sultan of Perak to dissolve the Assembly to prevent the political imbroglio in the state from spiralling out of control.In a blog posting on Monday, he noted that he had written on Feb 7 that Mentri Besar Datuk Seri Mohamad Nizar Jamaluddin was still the legal mentri besar despite the takeover by Barisan Nasional.
He had said then that according to the state constitution, Nizar was the mentri besar until he resigned of his own accord or was removed by a vote of no confidence in a formal sitting of the Assembly.
The Perak constitution makes no provision for his removal by any other means, including by petitions or instructions from any other authority, he had written then.
“Today, after three months and yet more shameful scenes, the High Court affirmed the same elementary principle, and held that Nizar has been and remains the mentri besar,” Tengku Razaleigh wrote on Monday,
The High Court also ordered Datuk Seri Zambry Abdul Kadir and his executive officers to vacate their offices, and rejected an application from Zambry for a stay of proceedings pending an appeal.
Tengku Razaleigh urged the Sultan of Perak, Sultan Azlan Shah, to dissolve the Assembly.
“This is the decent thing to do, but also the only way out of a crisis which has already spiralled out of Perak, damaged the rule of law, compromised the judiciary, the police and the state civil service, and damaged the monarchy in public opinion,” he said.
He said the Dr Zambry’s administration had been illegitimate all along and all decisions and contracts were made without legal status.
“The cascade of illegalities we warned of must now be unwound painfully. This includes the deplorable events of May 7 in Ipoh. It means the resolution to replace the Speaker was brought by an illegal state government,” he added.
In his no holds barred style, Tengku Razaleigh also said that the monarchy itself has been embarrassed by this episode, as well as by “a systematic programme by some to inflame this issue into one of race and treason.”
“Such attempts only hurt the institutions they claim to protect, and they hurt Umno and Barisan Nasional.
“The real issue has always been the Constitution and the Rule of Law, and the monarchy is protected in its role of upholding the primacy of the Constitution.
“Umno is not well served by leaders who place short-term political objectives above the Constitution,” he added.
Suhakam calls for fresh polls in Perak - Malaysiakini
May 12, 09 4:20pm
The Human Rights Commission (Suhakam) has joined the ever increasing chorus calling for fresh state elections to resolve the political stalemate in Perak.
In a statement today, Suhakam chairperson Abu Talib Othman noted that the situation has deteriorated to a point which required the services of the ballot box.
"It is very unlikely that the Perak issue will be resolved unless power is given back to the people. Court actions will not necessarily resolve the political situation in the state," he said.
The former attorney-general also quoted Dewan Negara president Dr Abdul Abdul Hamid Pawanchik, who said: "The political situation in Perak has reached a stage that required the people to choose again."
Describing it as a basic human right to choose the government of choice, Abu Talib noted that only a stable government would be able to ensure the right to peace and development.
The Suhakam chief also lambasted the police and civil service for "acting in concert with the government that has assumed power in controversial circumstances, showing complete disregard for human rights".
He said governments might change but those who serve in the police and administration must remain loyal to the wider interest and respect human rights rather than the narrow interests of individuals who form the government of the day.
"When the elected members of the assembly met and challenged each other in the August House, the police were busily engaged in 'maintaining public order'.
"Outside, passive demonstrators dressed in black to mourn the violation of their rights to assemble peacefully, were particularly provoked and manhandled," he said.
More news at: www.malaysiakini.com
The Human Rights Commission (Suhakam) has joined the ever increasing chorus calling for fresh state elections to resolve the political stalemate in Perak.
In a statement today, Suhakam chairperson Abu Talib Othman noted that the situation has deteriorated to a point which required the services of the ballot box."It is very unlikely that the Perak issue will be resolved unless power is given back to the people. Court actions will not necessarily resolve the political situation in the state," he said.
The former attorney-general also quoted Dewan Negara president Dr Abdul Abdul Hamid Pawanchik, who said: "The political situation in Perak has reached a stage that required the people to choose again."
Describing it as a basic human right to choose the government of choice, Abu Talib noted that only a stable government would be able to ensure the right to peace and development.
The Suhakam chief also lambasted the police and civil service for "acting in concert with the government that has assumed power in controversial circumstances, showing complete disregard for human rights".
He said governments might change but those who serve in the police and administration must remain loyal to the wider interest and respect human rights rather than the narrow interests of individuals who form the government of the day.
"When the elected members of the assembly met and challenged each other in the August House, the police were busily engaged in 'maintaining public order'.
"Outside, passive demonstrators dressed in black to mourn the violation of their rights to assemble peacefully, were particularly provoked and manhandled," he said.
More news at: www.malaysiakini.com
Nizar: I am still MB - The Malaysian Insider
By Shannon Teoh
IPOH, May 12 - Perak continues to be in a state of confusion as Pakatan Rakyat's (PR) Datuk Seri Nizar Jamaluddin maintained today he was still the legitimate mentri besar despite a Court of Appeal decision this morning which granted a stay on a High Court declaration yesterday.
While stating that the stay of execution raised more questions than answers, Nizar suggested that the only logical conclusion was that he was still mentri besar.
Barisan Nasional's (BN) Datuk Seri Zambry Abd Kadir had earlier claimed he was now the rightful MB after the court had granted him a stay pending his appeal on the decision by the High Court yesterday that Nizar was and is the MB.
But at a press conference this evening with two lawyers, Nizar's counsel Leong Cheok Keng and one of his state executive councillors Thomas Su, Nizar insisted that despite the stay, his government was still legitimate.
Su had said that while PR accepted the decision of the Court of Appeal, they were unsure as to what it really meant.
But Nizar reasoned that as the stay did not mean that Zambry had been affirmed as MB nor was it possible for there to be no MB, the only option left was that he remained the rightful mentri besar.
"Since I was sworn in on March 12, 2008, I have been the mentri besar until now," Nizar said.
"The High Court ruling was not an order to act which can be stopped by staying it. It is not like paying damages where you can halt the payment until a decision has been made," explained Leong.
"This is a declaration that Nizar has been the legitimate MB all this while. How can you temporarily vacate him from office?" he added.
Leong also said that he has never come across a stay of execution over a declaration, something which High Court Judge Datuk Abdul Aziz Abdul Rahim had also expressed after delivering his verdict yesterday.
"It is impossible not to have a mentri besar at any point of time. There cannot be a gap," Nizar added.
Su insisted that Zambry could not be MB as the stay did not overturn the High Court's ruling, and hence, this meant that Nizar was still the mentri besar.
A missed opportunity! - The Malaysian Insider
By Param Cumaraswamy
MAY 12 - Following yesterday’s decision by the High Court the people of Perak have missed the opportunity to have the State Legislative Assembly dissolved by the Sultan of Perak and to enable them to elect a government.
It will be a matter of concern to an average citizen over how the Court of Appeal presided by one judge could overturn a decision of the High Court judge yesterday when he refused to grant a stay of execution without there being before the Court a formal application to that effect.
The contention by Zambry’s counsel, and supported by the Attorney General, that if the Sultan of Perak had dissolved the Legislative Assembly then Zambry’s appeal would be academic is hard to accept.
What is at stake in Perak today is fundamental democratic values. With the prevailing impasse over who is the rightful government, is not the will of the rakyat of Perak more important than the ruling of a court of law?
Following yesterday’s decision by the High Court, the Prime Minister, being also the head of Barisan Nasional, should have supported the calls of many to urge the Sultan of Perak to dissolve the Legislative Assembly in the interest of democracy and the rule of law. Why is he and his party fearful of fresh elections in Perak? Eventually, elections there would be inevitable.
* Param Cumaraswamy is a former UN Special Rapporteur on the Independence of Judges and Lawyers
MAY 12 - Following yesterday’s decision by the High Court the people of Perak have missed the opportunity to have the State Legislative Assembly dissolved by the Sultan of Perak and to enable them to elect a government.
It will be a matter of concern to an average citizen over how the Court of Appeal presided by one judge could overturn a decision of the High Court judge yesterday when he refused to grant a stay of execution without there being before the Court a formal application to that effect.
The contention by Zambry’s counsel, and supported by the Attorney General, that if the Sultan of Perak had dissolved the Legislative Assembly then Zambry’s appeal would be academic is hard to accept.
What is at stake in Perak today is fundamental democratic values. With the prevailing impasse over who is the rightful government, is not the will of the rakyat of Perak more important than the ruling of a court of law?
Following yesterday’s decision by the High Court, the Prime Minister, being also the head of Barisan Nasional, should have supported the calls of many to urge the Sultan of Perak to dissolve the Legislative Assembly in the interest of democracy and the rule of law. Why is he and his party fearful of fresh elections in Perak? Eventually, elections there would be inevitable.
* Param Cumaraswamy is a former UN Special Rapporteur on the Independence of Judges and Lawyers
Nizar, excos vacate office - Malaysiakini
May 12, 09 2:47pm
Pakatan Rakyat Menteri Besar Mohammad Nizar Jamaluddin and his executive councillors vacated their office this afternoon.
Citing that they respected the Court of Appeal's decision, the MB and his excos vacated the state secretariat building in Ipoh at about 2.30pm, some seven hours after taking over the reins of administration once again.
Earlier, Barisan Nasional's Zambry Abd Kadir called on Mohammad Nizar to respect the Court of Appeal’s decision to grant a stay order.
Speaking to reporters in Ipoh, Zambry said he respected the court’s decision and wanted to resume his duties as menteri besar.
Yesterday, the Kuala Lumpur High Court declared Mohammad Nizar as the rightful menteri besar.
Following this, Pakatan once again took charge of the state secretariat building.
The Court of Appeal today granted a stay of execution on yesterday's High Court decision, which plunges the state in limbo once again.
Pakatan Rakyat Menteri Besar Mohammad Nizar Jamaluddin and his executive councillors vacated their office this afternoon.
Citing that they respected the Court of Appeal's decision, the MB and his excos vacated the state secretariat building in Ipoh at about 2.30pm, some seven hours after taking over the reins of administration once again.
Earlier, Barisan Nasional's Zambry Abd Kadir called on Mohammad Nizar to respect the Court of Appeal’s decision to grant a stay order.
Speaking to reporters in Ipoh, Zambry said he respected the court’s decision and wanted to resume his duties as menteri besar.
Yesterday, the Kuala Lumpur High Court declared Mohammad Nizar as the rightful menteri besar.
Following this, Pakatan once again took charge of the state secretariat building.
The Court of Appeal today granted a stay of execution on yesterday's High Court decision, which plunges the state in limbo once again.
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