Perak crisis: All set for ruling in Putrajaya
The Federal Court will today rule on whether Barisan Nasional's Zambry Abd Kadir is the rightful Perak menteri besar, ending a year-long feud which has gripped the silver state.
The Federal Court will today rule on whether Barisan Nasional's Zambry Abd Kadir is the rightful Perak menteri besar, ending a year-long feud which has gripped the silver state.
The legal drama began when ousted Pakatan Rakyat menteri besar Mohd Nizar Jamaluddin filed a suit on Feb 13, 2009 at the Kuala Lumpur High Court to challenge Zambry's status as menteri besar.
Nizar won the first round when High Court judge Abdul Aziz Abdul Rahim on May 11 ruled in his favour, but Pakatan’s joy was short lived as the ruling was overturned on May 22.
Eventually, Nizar turned to the Federal Court on June 19. He was granted a five-member panel, instead of his request for the full bench of 11. The hearing was held on Nov 5.
Three constitutional questions were posed for the Federal Court’s decision:
1. A proper interpretation of Article 16(6) of the Perak constitution under which a menteri besar can advise the sultan to dissolve the assembly - what if there is no motion of no confidence against the MB and he refuses to resign?
2. Can the sultan determine if a menteri besar commands the confidence of the majority of the House without a vote in the assembly?
3. Does the state constitution allow the sultan to sack a menteri besar, or is the position is deemed vacant if he chooses not to resign?
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LIVE REPORTS
10.58am: Arifin rules that it is not necessary for vote of confidence to be done in the state assembly, and that the sultan can sack the MB. Zambry therefore commands support in the House with 31 seats.
10.15am: The Chief Judge of Malaya Arifin Zakaria begins reading his judgment.
10.10am: The Federal Court judges enter the courtroom.
The attorney-general's chambers is represented by the head of prosecution division Tun Abdul Majid Tun Hamzah and Kamaluddin Md Said, the head of the Trial and Appeals division.
Nizar's lawyers are Philip Koh, Chan Kok Keong, Leong Cheok Keng, Edmund Bon, Miohd Hanipa Maidin, Ranjit Singh, and Razlan Hadri Zulkifli.
Zambry's lawyers are Cecil Abraham and Sunil Abraham. Zambry himself is not present.
Mohd Hafarizam Harun and M Reza Hassan are holding a watching brief for Umno.
9.50am: About 200 supporters from BN and 300 from Pakatan are at the entrance of the court complex.
Federal Reserve Police personnel are separating them into two groups.
The Pakatan group displays a banner reading: Mahkamah rakyat Nizar MB (Nizar is MB in the court of the people). They are shouting "Reformasi" and "Hidup Rakyat".
BN supporters, wearing yellow shirts with the words 'Daulat Tuanku' on the back. Their chants are "Daulat Tuanku", "Hidup Zambry", "Hidup BN".
9.05am: Mohd Nizar Jamaluuddin and his wife arrive at the Palace of Justice. About 50 supporters shouted "Hidup rakyat, "Bubar DUN", "Hidup demokrasi", "Hidup Nizar", as he walks around greeting them.
He says he feels "okay", when asked.


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