PUTRAJAYA (MAy 12, 2009) : Datuk Seri Mohammad Nizar Jamaluddin clocked in as the Mentri Besar of Perak this morning following a High Court order declaring him the rightful chief executive of the state, but by afternoon, the seat went back to Datuk Dr Zambry Abdul Kadir.
Dr Zambry Abdul Kadir and Former Perak MB Datuk Tajol Rosli during the press conference at UMNO headquarter in Ipoh today.This is because the Court of Appeal today granted an urgent application by Barisan Nasional mentri besar Zambry for a stay of execution of the High Court order made on Monday afternoon that Pakatan Rakyat's Mohammad Nizar is the rightful Mentri Besar, pending an appeal of the decision.
This means Nizar's position is now back to his position before 3.30pm on Monday, when the High Court decision was delivered.
In granting the stay of High Court judge Datuk Abdul Aziz Abdul Rahim's order, Justice Datuk Ramli Ali said the case is unique as it does not only involve Nizar and Zambry alone, but the whole state.
He said the court has the jurisdiction to grant a stay order on declaratory orders.
"The court is satisfied that there are special circumstances in this case. Stay is granted," said Ramli, adding that the court will fix an early date to hear Zambry's appeal.
After the decision, Nizar's lawyer, Sulaiman Abdullah, asked whether the judge will be imposing any terms (conditions) but the judge said he would not.
Lawyer Ranjit Singh, who also represents Nizar, said they will file an application to set aside the stay order, before a panel of three judges of Court of Appeal, on an urgency basis.
Earlier, Sulaiman said "the best solution for this problem" is to fix an early date to hear the appeal.
He said Zambry should have gone back to the High Court for a stay order as in earlier attempts in the case, the Federal Court had ordered the case to go back to the High Court.
(On Monday, the High Court judge had asked the lawyers to put in written application for him to hear.)
Zambry's lawyer Datuk Cecil Abraham earlier told the court that if a stay is not granted, the "status quo" will be changed pending the appeal. He said if the Court of Appeal does not grant a stay, a dissolution can take place for fresh election.
Attorney-General Tan Sri Abdul Gani Patail, who is an intervenor in the case, said if Nizar is asking for a dissolution of the assembly now, it has to be due to loss of confidence of the majority.
"If he goes to back to the State Legislative Assembly, what will happen? Thirty Barisan Nasional supporters will say we don't support you," said Gani, adding that Nizar will be asking for a dissolution. "Either way, If the Sultan of Perak says 'No', he has to go back to the Assembly."
Gani said the matter has to be settled "once and for all" and that the state cannot have changes "like flips of a coin" every few months.
> Zambry's response:
Zambry told reporters at the Umno headquarters in Ipoh he would continue his job as the Mentri Besar until the legal process is completed.
"It may look messy for the people but it was Mohammad Nizar who challenged my status as the MB. I hope the people can understand as I understand the public views but this is a legal process we must respect."
Zambry said BN has abided by the law and vacated the MB's office once the High Court made its decision,
"For me (after the High Court's decision on Monday), I did not go to the office or seek an audience with the Ruler although we (including the executive councillors) were invited to the palace to attend the investiture ceremony in Kuala Kangsar and I had ordered all to leave the office."
Asked for his opinion on Mohammad Nizar's official request to seek an audience with the Ruler, which was sent this morning, Zambry said when the Court decides, whatever happened before that was no longer valid.
On the status of the state assembly sitting on May 7, which was branded by Perak DAP chairman Datuk Ngeh Koo Ham as illegal, Zambry said the opposition could call him the illegitimate MB but the right to call for a sitting lies with the Ruler, not with the Mentri Besar.
Asked if BN will call for an emergency sitting to pass a motion of no-confidence against Mohammad Nizar, Zambry said it was premature to talk about this.
Zambry has also lifted Nizar's order to suspend State Secretary Datuk Abdul Rahman Hashim and state legal adviser Datuk Ahmad Kamal Shahid.
> Nizar's response:
"Whatever court action, we need to sincerely stop the impasse. The only remedial action that can stop this impasse is a dissolution of the assembly."
Mohammad Nizar reached his office with his executive councillors, which was heavily guarded by the Federal Reserved Unit at 7.30am, and left 20 minutes later for Kuala Kangsar to attend the investiture ceremony at the palace.
He returned to the state secretariat around 1.30pm and vacated his office at 2.35pm.
Earlier, Ngeh, who represented Mohammad Nizar to hold a press conference at the MB office, said while the legal process can go up to the Federal Court, such a prolonged impasse will not do any good for the people and the best solution is to hold fresh elections.
