Friday November 6, 2009
Former Perak MB fails in bid to have 11 judges to hear his appeal
By M. MAGESWARI
PUTRAJAYA: Former Perak mentri besar Datuk Seri Mohammad Nizar Jamaluddin has failed in his bid to have a full panel of 11 judges to hear his appeal in the Federal Court against the declaration that Datuk Dr Zambry Abdul Kadir is the valid mentri besar.
In dismissing Nizar’s application, a five-man panel chaired by Court of Appeal president Justice Alauddin Mohd Sheriff said it was a unanimous decision.
“We have considered the submissions (by Nizar’s lawyer Datuk S. Ambiga and other parties),” he told a packed courtroom yesterday.
However, Justice Alauddin did not make any order as to costs upon a request by Ambiga.
The other panel members are Chief Judge of Malaya Justice Arifin Zakaria and Federal Court judges Justices Zulkefli Ahmad Makinudin, Mohd Ghazali Mohd Yusoff and Abdull Hamid Embong.
The apex court, however, reserved judgment over the appeal after hearing submissions by all parties for over six hours.
Earlier, Ambiga applied for a full panel of 11 judges to hear the appeal or alternatively by a larger number of judges under Section 74 of the Courts of the Judicature Act 1964.
Ambiga said the case involved important constitutional issues, including the interpretation of Perak and the Federal Constitutions and cases related to the powers of the mentri besar.
Ambiga said the ruling by the Federal Court would have effects on the people and country and would set a precedent for similar cases in future.
She said the legal problems in Perak have not been settled and a full panel would be important in terms of public interest and jurisprudence history of the courts in the country.
Attorney-General Tan Sri Abdul Gani Patail, who acted as intervener, said it was purely within the power of the Chief Justice to determine a panel of judges and that it was an administrative decision.
He said the application which was filed by way of a motion was inappropriate and it should have been done by way of judicial review.
Lead counsel Datuk Cecil Abraham, who represented Dr Zambry, did not object to the composition of judges.
Nizar filed the application for a larger panel on Oct 28.
The apex court had on July 9 allowed Nizar to appeal against the Court of Appeal’s decision declaring Dr Zambry as the valid mentri besar.
On May 11, High Court (Appellate and Special Powers) judge Justice Abdul Aziz Abdul Rahim granted a declaratory relief to Nizar that he still is and was the mentri besar at all material times.
However, it was overturned by the Court of Appeal’s three-man panel on May 22 following an appeal by Dr Zambry.
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