MB vs MB: 3-member panel hears appeal

Pakatan Rakyat's Mohammad Nizar Jamaluddin will not be getting a five-member panel to hear his application at the Court of Appeal today.

It is learnt that his letter to request the five-member panel did not reach the Court of Appeal president Alauddin Md Sheriff on time.

His application before the court today is to set aside the stay of execution order obtained by his rival Zambry Abd Kadir against a High Court ruling which had declared Nizar as the legitimate menteri besar of Perak.

However, the court will first hear Zambry's appeal proper today.

The three-member panel that will be hearing the matter are justices Md Raus Sharif, Zainun Ali and Ahmad Maarop.

This legal battle between Nizar and Zambry is largely seen by many as the final judicial attempt by either party to stamp their authority as the rightful and legitimate Perak menteri besar.

The Kuala Lumpur High Court had on May 11 ruled that Nizar was the lawful menteri besar as the state assembly had not moved for a vote of no-confidence to remove him.

The following day however Zambry filed an appeal and obtained a stay order from Court of Appeal judge Ramly Ali who had sat as a single judge.

Following this, Nizar had filed his own application to set aside the stay order granted to Zambry.

He had also requested that the matter to be heard by a five-member Court of Appeal panel instead of the usual three, as it was a matter of public interest and touched on constitutional issues.

The appeallate court is expected to take some days of hearing to make a ruling on both the matters before it.

This morning, the parties agreed that Zambry's appeal will be heard first.

Malaysiakini
21/05/09

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