HARAPAN BARU...

was my "tag" on to an SMS yesterday from mGf Jacq Ho bearing da GoOD nu'es:

Yahoo
RM0.00
KEPUTUSAN
Mahkamah
Tinggi: Nizar
masih MB sah
Perak. Hakim
Abdul Abdul Aziz
kata Nizar tidakpernah hadapi
undi tak percaya
dalam Dun

11May2009
15:45:50

which I then spread arpoound my network like WILDFIRE!:)

From thestar.com.my, I copied this @11.30AM in a dark and dangy
Internet cafe somewhere in Brickfields, KL, in asnwering a colleague's
concern whether I was wearing "Black"m and could not be sighted within
the neighbourhood of YMCA, scared I would be housed in Black Maria for
a lunch AP an hour from now:( -YL, Desi

***************************

Published: Tuesday May 12, 2009 MYT 11:05:00 AM
Dissolve state assembly, Ku Li urges Sultan
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.

___________________________

From theSUN online:

Mon, 11 May 2009



WEB EDITION :: Local News



Nizar rightful Perak MB: Court
S. Tamarai Chelvi and Husna Yusop


KUALA LUMPUR (May 11, 2009): In yet another twist to the Perak political crisis, the High Court today declared Datuk Seri Mohammad Nizar Jamaluddin the rightful Mentri Besar of Perak.


A triumphant Mohammad Nizar waves to his supporters outsite
the High Court.

The decision comes just four days after the tumultous one-day Perak Assembly sitting on Thursday which saw the Pakatan Rakyat Speaker V. Sivakumar being forcibly removed from the House, to be replaced by Datuk R. Ganesan, as the Barisan Nasional took control of the assembly.

Barisan Nasional, led by Datuk Dr Zambry Abd Kadir, toppled the 10-month-old Pakatan government in Perak in February after three PR assemblymen left their parties to become BN-friendly independents.

On Feb 13, Nizar, 52, filed an application to the court for a declaration that he is at all material times the rightful Mentri Besar of Perak.

In allowing five prayers sought by Nizar in his application for judicial review yesterday, Judge Datuk Abdul Aziz Abdul Rahim said once the Mentri Besar is appointed, he is only answerable to the State Legislative Assembly, and could only be removed by a vote of no confidence.

"Any measure of loss of confidence should be taken on the floor of the State Legislative Assembly by vote of no confidence. Only in this way can a Mentri Besar resign," he said.

He said Nizar never had a vote of no confidence taken against him in the Assembly and he did not request for a dissolution because of loss of confidence by the majority.

"Why did the Barisan Nasional not request Nizar to be summoned to the State Legislative Assembly to have a special sitting for a motion of no confidence to be passed? This would be in accordance with the democratic process," said Abdul Aziz.

Abdul Aziz said a Mentri Besar could not be dismissed by the Sultan of Perak for the reason that he did not hold the office at the sultan's pleasure.

The dismissal of the Mentri Besar by the Sultan was never contemplated by Article 16(6) of the Perak Constitution, he added.

As such, he said he was of the view that the office of the Menteri Besar of Perak had not become vacant or was vacated.

The five prayers sought for declarations were;

> that Nizar is the rightful Mentri Besar

> there was no dissolution of the Perak Assembly, no motion of no-confidence was passed against him in the Assembly and that he did not resign

> a writ of quo warranto is issued against Zambry ordering him to show cause and this information is made under what policy /power/ and authority he allegedly holds office as Mentri Besar, and allegedly acts or exercises or implements responsibility/ functions/ duties of Perak Mentri Besar

> a declaration order that Zambry has no right to act/occupy the office of Mentri Besar and he was not Perak Mentri Besar at any material time

> an injunction order to prevent Zambry and his agents or servants from acting and exercising and implementing the responsibility and functions or duties of Mentri Besar.

(Nizar had asked for punitive, aggravated and exemplery damages, an inquiry into the damages and costs but withdrew them last week)

After the decision, Zambry's lawyer Datuk Cecil Abraham asked for an application for a stay.

However, Abdul Aziz said he was reluctant to grant it as he had to consider legal points for a stay application on declaratory orders.

Nizar's lawyer, Sulaiman Abdullah, said he had been given instruction that Nizar intended to go back to Perak to seek a dissolution of the assembly and that would solve the problem immediately.

Attorney-General Tan Sri Abdul Gani Patail also asked the judge to decide immediately as it would be easier for the parties.

However, the judge said he was refusing an oral application for a stay and asked Cecil to put in a formal application (written) along with the authorities (cases).

"I am refusing the oral judgement," said Abdul Aziz.