The worsening crisis in Perak is fast becoming a political runaway train that is lurching out of control for the Barisan Nasional government.

Unless the paralysis in Perak is quickly resolved, the crisis could define the first 100 days in office of Prime Minister Datuk Seri Najib Razak and distract his administration's attention away from managing the slumping economy, analysts and politicians say.

Already, several senior politicians from Najib's own ruling Umno party are calling on the government to dissolve the state assembly and pave the way for fresh elections.[more]

- AHLI Majlis Pimpinan Tertinggi KeADILan Badrul Hisham Shahrin hari ini mendedahkan bahawa Hakim yang membenarkan rayuan Zambry Abdul Kadir untuk mengantung keputusan Mahkamah Tinggi mengenai Menteri Besar Perak yang sah adalah diantara nama yang disebut oleh VK Linggam.

Beliau yang memberitahu Suara Keadilan, VK Linggam yang telah mengemparkan negara dengan perbualan telefon mengenai ketirisan sistem kehakiman negara ini yelah menyebut nama Ramly Ali.

“Mengikut perbualan itu, VK Linggam telah menyebut nama tiga orang yang sepatutnya hendak dilantik sebagai hakim. Mereka adalah Heliliah Mohd Yusof, Ramly Ali dan Ahmad Maarof. Ketiga-tiga nama ini telah dilantik sebagai Hakim Mahkamah Tinggi oleh Yang Dipertuan Agung pada 1 February 2002,” katanya dalam kenyataan yang diterima oleh kami.[more]

Keputusan Hakim mahkamah rayuan, Ramly Ali yang membenarkan permohonan Zambry Kadir untuk mengantung perlaksanaan penghakiman Mahkamah Tinggi telah membelakangi prosuder perundangan.

Menurut peguam terkemuka Zulkifli Nordin, barisan peguam Zambry seharusnya memfailkan permohonan rayuan untuk menggantung deklarasi yang mengistiharkan Nizar Jamaluddin sebagai Menteri Besar Perak yang sah itu di Mahkamah Tinggi.

Zulkifli ketika membuat kenyataan berkata, beliau berasa hairan apabila hakim Ramly membicarakan permohonan Zambry tersebut dengan bersidang seorang diri sebagai Hakim Mahkamah Rayuan.[more]

The court of appeal will only hear Datuk Seri Nizar Jamaluddin’s application to set aside a stay order on a high court declaration that he is the legitimate Perak mentri besar next Thursday, May 21.

On the same day, the court will hear the appeal against the high court ruling by Barisan Nasional’s (BN) Datuk Zambry Abd Kadir.

Nizar’s lawyers told The Malaysian Insider today that both parties have been informed of the decision.

The court of appeal had originally set next Monday as the day it would hear Nizar’s application to set aside the stay order.

It is unclear why the court has decided to hear both parties on the same day instead.[more]

Now it’s Speaker vs Speaker

V. Sivakumar, the Pakatan Rakyat (PR) appointed speaker of the Perak state assembly, will file a suit at the Ipoh High Court at 11.30am today against Datuk R. Ganesan, who is Barisan Nasional’s (BN) choice for speaker, which could determine who legitimately holds office as head of the state’s legislature.

The latest legal challenge will add to the state of confusion which has crippled the administration of Perak since BN’s power grab in February, and places more pressure on all parties to agree to fresh polls as a way out of the quagmire.

The speaker’s position is crucial as he controls assembly proceedings and for BN, it could mean convening an assembly to pass a vote of no-confidence in Datuk Seri Nizar Jamaluddin, rendering the current court case over who is the legitimate mentri besar academic.[more]

He also moved to absolve the Sultan of Perak and himself from any blame for the defections from Pakatan Rakyat (PR) and the installation of a Barisan Nasional (BN) mentri besar.

The Umno president was quoted by Bernama as saying the Sultan of Perak had adopted the principles and spirit of democracy when appointing the mentri besar from PR last year and also BN this year, and should not be blamed for the political crisis in Perak currently.[more]

The Malaysian Bar today demanded the immediate resignation of the Home Affairs Minister, the Inspector-General of Police (IGP) and two other high-ranking police officers over the “unlawful” arrests of five lawyers from its Legal Aid Centre last May 7.

Bar Council president Ragunath Kesavan condemned Hishammuddin Hussein, IGP Tan Sri Musa Hassan and OCPD Assistant Commissioner of Police (ACP) Wan Abdul Bari Wan Abdul Khalid for their publicly castigating the lawyers without first checking the facts on what took place that night.[more]

PETALING JAYA: The political situation in Perak has reached a stage where it may be time to go back to the people, said Dewan Negara president Tan Sri Dr Abdul Hamid Pawanteh.

Dr Abdul Hamid, who has been observing the development in Perak with concern, said ad hoc actions on the part of individuals and political parties in Perak had not solved the impasse.

“Rightly or wrongly, the series of ad hoc actions have only made things more complex and convoluted. The best thing is for the powers-that-be to decide on the best course of action under the circumstances,” he said.[more]

Kenyataan Akhbar

Majlis Pimpinan Pakatan Rakyat

14 Mei 2009

Majlis Pimpinan Pakatan Rakyat telah mengadakan pertemuan di Pejabat PAS Jalan Raja Laut dan telah mengambil keputusan berikut:

Pakatan Rakyat mengambil sikap terbuka dan bersedia untuk bertemu dengan YAB Perdana Menteri untuk memperkukuhkan demokrasi dan institusi kerajaan negeri Perak. Kami mengulangi pendirian bahawa mandat seharusnya diserahkan kembali kepada rakyat Perak untuk menentukan kerajaan yang sah.[more]

Pakatan Rakyat (PR) leaders repeated their stand today that they are willing to have talks with Datuk Seri Najib Razak to resolve the Perak constitutional crisis, and they have set no conditions for the meeting.

Speaking to reporters after a meeting of the alliance at the PAS headquarters here today, the PR leaders said they were willing to meet Barisan Nasional (BN) with an “open mind.”

But they are waiting for Najib to make the first move.[more]

Tun Dr Mahathir Mohamad today admitted the Pakatan Rakyat will sweep Perak if fresh elections are called but recommended the state assembly meets to decide on the mentri besar post.

"It’s not good for the world to see the musical chairs in Perak where the MB is changing because of the decision of the courts," Dr Mahathir said.

When asked if the current impasse in Perak would affect the ruling Barisan Nasional's chances in the next elections, he said: "I hope people will have short memories."[more]

KUALA LUMPUR, May 14 — MCA deputy president Datuk Seri Dr Chua Soi Lek has joined several of his Barisan Nasional (BN) colleagues in calling for a fresh state election to resolve the political quagmire in Perak.

“Personally, I feel that a fresh state election will be the best way to resolve this stalemate, Let the rakyat decide and once and for all, we resolve this problem, which is not doing anybody any good,” said Dr Chua in an entry on his blog on Tuesday.

The former health minister also says that appealing the High Court ruling declaring Datuk Seri Nizar Jamaluddin as the rightful mentri besar could be a long drawn-out affair.[more]

— The leaders of the opposition parties will hold a meeting today to discuss the Perak political crisis and to determine the next course of action.

Ipoh Timur MP Lim Kit Siang told reporters yesterday after a public forum here that the Perak crisis was not localised to the state but a crisis that reflected on the nation's constitution and institutions.[more]

Penang Gerakan has joined the growing number of voices calling for fresh polls in Perak as the best way out of the current political crisis and urged Datuk Seri Zambry Abdul Kadir to stop the legal wrangling by dissolving the state legislative assembly.

Yesterday, Umno MP Tengku Razaleigh Hamzah and Dr Hsu Dar Ren, a central committee member of Gerakan, had also pushed for a state election in Perak as the best solution to the current imbroglio.

While Prime Minister Datuk Seri Najib Razak has not called for the state assembly to be dissolved, he nevertheless appears to have distanced himself from what could be a political liability as perception mounts that Barisan Nasional (BN) is attempting to thwart the will of the people and cling to power. He said yesterday said that he will leave it up to Zambry to decide what to do.[ more ]

Datuk Seri Mohammad Nizar Jamaluddin is very much the man of the moment, judging from the rousing reception he got at a public forum here last night in remembrance of the tragic race riots that became a bloodbath 40 years ago.

While his position as the lawful mentri besar (MB) of Perak is locked in a bitter wrangle in the Court of Appeal, there is no doubt as to his popularity with the public.

The cheers, catcalls, whistles and applause sounded far louder and longer when he walked up to the podium than for Datuk Seri Anwar Ibrahim earlier when the Opposition Leader was opening the event.[more]

MCA President and Transport Minister, Datuk Seri Ong Tee Keat should stop running from the question why he had failed to honour his repeated public undertakings to “tell all” and make public the full report of the PricewaterhouseCoopers (PwC) audit into the mega-billion ringgit Port Klang Free Zone (PKFZ) scandal. Malaysians want to know what he is hiding.

If the PKFZ scandal had ballooned from RM1.8 billion in 2002 to RM12 billion in seven years under three MCA Ministers, it will be six times bigger than the first Mahathir mega financial scandal – RM2.5 billion BMF scandal!

RM12 billion of public funds is no chicken feed – it could build three Penang Bridges at RM4 billion each, 120 hospitals at RM100 million each, 1,200 schools at RM10 million each or 300,000 low-cost houses at RM40,000 each![more]

IPOH: Pakatan Rakyat has accused Datuk Seri Dr Zambry Abd Kadir of acting in contempt of court by resuming the duties of the Perak Mentri Besar.

State DAP chief Datuk Ngeh Koo Ham said that until the Court of Appeal made its decision, neither Dr Zambry nor Datuk Seri Mohammad Nizar Jamaluddin could legally carry out any mentri besar duty.

The former senior executive council member added that by resuming his duties Tuesday, Dr Zambry had caused the nation to think that he had already won his appeal against Monday’s High Court ruling.[more]

5:15pm Court of Appeal sets 9am, May 18, five days from now, to hear Nizar application to set aside stay of execution granted to Zambry on Tuesday.

On Tuesday, Zambry had his application for a stay heard and granted within mere hours.

2:20pm Datuk Seri Mohammad Nizar Jamaluddin files his application to set aside the Court of Appeal’s stay of execution. Application filed at Court of Appeal registry. He is believed to have asked for a three-member panel. Hearing date not yet fixed.

Datuk Seri Zambry Abdul Kadir today refused to give a clear answer to the question of whether he is actually Perak's mentri besar, leaving confused Perakians stranded with more unanswered questions as the state comes nowhere close to solving its political crisis.

Zambry arrived at the state government building here at 9.16am in a black Toyota Harrier. He was greeted by sweaty reporters who had waited at the building's entrance under the blazing sun since 7am.

Oil prices rose more than a dollar today to a six-month high above US$59 (RM212.40) a barrel, boosted partly by a weaker dollar and gains on equity markets.

US crude was up US$1.14 a barrel at US$59.64 a barrel by 1200 GMT (8pm, Malaysian time). It earlier touched US$59.85 a barrel, its highest since November last year. It has risen nearly 20 per cent this month.

London Brent crude was up US$1.16 at US$58.64 a barrel.[more]

While a happy Datuk Seri Zambry Abdul Kadir calmly told his Pakatan Rakyat counterparts to respect the court's decision and leave the state government building immediately, his Barisan Nasional (BN) colleagues hinted at more intrigue.

At a press conference today, BN leaders suggested they had something up their sleeves in dealing with the political crisis in Perak.

"You'll see in a week," said former Perak Mentri Besar Datuk Tajol Rosli who was responding to queries by reporters on BN's next move now that the Court of Appeal have temporarily reinstated BN as the legitimate Perak government by granting a stay to Zambry.[more]

Former Perak Mentri Besar Datuk Tajol Rosli

• “Changing party is a normal thing in a parliamentary democracy. Winston Churchill changed parties twice. In the United States, a Republican Senator recently crossed over to become a Democrat Senator. It is not unconstitutional to do so and it is also not illegal.” — Datuk Seri Najib Razak

Err, sorry Mr Prime Minister, you are comparing apples and oranges here. It is an insult to speak of Winston Churchill and Arlen Specter in the same breath as Hee Yit Foong, Osman Jailu and Jamaluddin Mohd Radzi.[more]

The Pakatan Rakyat (PR) suffered twin blows a day after a euphoric victory at the courts – it failed to get the Perak legislature dissolved for a fresh election and the Court of Appeal today granted a stay of yesterdat's court decision which effectively reinstates Datuk Dr Zambry Kadir as Mentri Besar.

Lawyers say that Zambry can now remain Mentri Besar until his appeal to against yesterday's High Court decision declaring Datuk Seri Nizar Jamaluddin the rightful Mentri Besar, is decided.

Even then both parties, depending on who wins at the Court of Appeal, can appeal the decision to the Federal Court.[more]

[ video inside ]

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.[more]

The Human Rights Commission of Malaysia (Suhakam) feels that the political crisis in Perak is not likely to be resolved unless power is given back to the people.

"Perhaps the time has come for the people of Perak to be given the opportunity to exercise their right to choose again the government of their choice, which is a basic human right," said Suhakam chairman Tan Sri Abu Talib Othman.[more]

It is not unprecedented for a single-judge Court of Appeal to hear an application for a stay of execution. It has happened before in Malaysia when time was of the essence and there was a shortage of appeal court judges on duty.

But it very rare for a single-judge Court of Appeal to grant a permanent stay of execution, say veteran lawyers. [more]

These are the handwritten notes of the High Court’s draft Grounds of Judgement in the MB v MB matter delivered orally on 11.5.2009, and recorded by my colleagues, Joanne Leong and Daniel Cheong, which I have vetted and edited. The learned Judge indicated that His Lordship’s full Grounds will be delivered soon. There may be gaps and inaccuracies in the notes due to the speed the Grounds was read, and any mistakes herein are mine.

This is the decision of the Court on the application of the Applicant for Judicial Review. Leave was granted and the Applicant seeks the following reliefs as in enclosure 28.

Justice Aziz

There is a dispute on constitutional law between the Applicant and the Respondent. The Attorney General (AG) intervened in this case because of public interest and public importance. The Court granted the application and the AG was made an intervener. [more]

From a constitutional crisis with two Mentris Besar, Perak has been plunged into a ridiculous situation where no one can legitimately occupy the MB’s office until the Court of Appeal hearing or state general election

The incipient hope of start of restoration of public confidence in the independence of the judiciary sparked by the courageous and landmark judgment by Justice Abdul Aziz Abdul Rahim in the Nizar vs Zambry case was cruelly crushed in less than 24 hours.[more]

On Feb 7, I wrote that a shameful scene was unfolding in Perak and maintained that despite the “takeover” of the state government by Barisan,

Today, after three months and yet more shameful scenes, the High Court affirmed the same elementary principle, and held that Datuk Seri Nizar has been and remains the Menteri Besar. As Justice Abdul Aziz Abd Rahim put it: “He is, and was, at all material times the chief minister of Perak.” 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.

The High Court has thereby affirmed the primacy of the Constitution.[more]

The Perak Pakatan Rakyat government has suspended two senior civil servants with immediate effect - State Legal Adviser Datuk Ahmad Kamal Md Shahid and State Secretary Datuk Dr Abdul Rahman Hashim.

Mentri Besar Datuk Seri Mohammad Nizar Jamaluddin told the hastily-called midnight press conference at his residence here that the suspension was not done out of revenge but was initiated in the interest of the people.

The acting State Secretary is state financial officer Datuk Jamaluddin Al Amini while Ahmad Kamal’s assistant Zulkarnain Hassan will be acting Perak Legal Adviser.[more]

Perak State Secretary