PUTRAJAYA: Perak Mentri Besar Datuk Seri Zambry Abdul Kadir today failed to get a fast-track hearing at the Federal Court, which allowed an objection raised by his ousted rival Datuk Seri Mohammad Nizar Jamaluddin and sent the case back to the Kuala Lumpur High Court.
The panel of five judges led by Tan Sri Alauddin Mohd Sheriff noted “there exists disputes of facts yet to be determined by the High Court” when rejecting Zambry’s application to interpret several Constitutional questions.
The judge said the issue would have to be determined by the High Court, adding that Zambry’s application was dismissed based on the preliminary objection but not on merits. The decision was unanimous.
Nizar, who maintains he is the rightful mentri besar, is suing Zambry for usurping his office as he has yet to officially quit the post.
Lawyers for Nizar told reporters later the “disputed facts” were over conflicting accounts of what had taken place at a meeting between Nizar and the Sultan of Perak in early February when the former had asked for the State Legislative Assembly to be dissolved, paving the way for fresh elections throughout the state.
The Perak State Legal Advisor Datuk Ahmad Kamal Md Shahid had filed an affidavit in which he claimed Nizar had admitted he no longer commanded the confidence of the majority in the State Assembly during his meeting with the Sultan.
But Nizar disagreed with Ahmad Kamal’s version of the affair and filed an affidavit on April 21 detailing what he discussed with Sultan Azlan Shah on February 4 and 5.
Nizar is seeking a court order to cross-examine Ahmad Kamal to reveal what really took place in his meetings with the monarch on those two days, which appears to be a crucial point leading to the Perak Constitutional crisis.
The 52-year-old who earlier this month was elected the new MP for Bukit Gantang has also volunteered to be grilled in court.
Sulaiman Abdullah told reporters the judge should be given the chance to hear both versions “orally” in order to decide who is to believed.
“Let us not make any mistake. This is an account made by two opposing parties. It is not one contestant against a neutral party.
“Datuk Kamal by no stretch of the imagination is neutral in this context because he has consistently taken the stand he has to represent Datuk Zambry,” Sulaiman pointed out.
The High Court has set May 4 to hear Nizar’s request.
MI
28/04/09
The panel of five judges led by Tan Sri Alauddin Mohd Sheriff noted “there exists disputes of facts yet to be determined by the High Court” when rejecting Zambry’s application to interpret several Constitutional questions.
The judge said the issue would have to be determined by the High Court, adding that Zambry’s application was dismissed based on the preliminary objection but not on merits. The decision was unanimous.
Nizar, who maintains he is the rightful mentri besar, is suing Zambry for usurping his office as he has yet to officially quit the post.
Lawyers for Nizar told reporters later the “disputed facts” were over conflicting accounts of what had taken place at a meeting between Nizar and the Sultan of Perak in early February when the former had asked for the State Legislative Assembly to be dissolved, paving the way for fresh elections throughout the state.
The Perak State Legal Advisor Datuk Ahmad Kamal Md Shahid had filed an affidavit in which he claimed Nizar had admitted he no longer commanded the confidence of the majority in the State Assembly during his meeting with the Sultan.
But Nizar disagreed with Ahmad Kamal’s version of the affair and filed an affidavit on April 21 detailing what he discussed with Sultan Azlan Shah on February 4 and 5.
Nizar is seeking a court order to cross-examine Ahmad Kamal to reveal what really took place in his meetings with the monarch on those two days, which appears to be a crucial point leading to the Perak Constitutional crisis.
The 52-year-old who earlier this month was elected the new MP for Bukit Gantang has also volunteered to be grilled in court.
Sulaiman Abdullah told reporters the judge should be given the chance to hear both versions “orally” in order to decide who is to believed.
“Let us not make any mistake. This is an account made by two opposing parties. It is not one contestant against a neutral party.
“Datuk Kamal by no stretch of the imagination is neutral in this context because he has consistently taken the stand he has to represent Datuk Zambry,” Sulaiman pointed out.
The High Court has set May 4 to hear Nizar’s request.
MI
28/04/09
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