The UMNO-controlled Federal Court today dismissed ousted Menteri Besar Mohd Nizar Jamaluddin's application for an enlarged panel of 11 judges to hear his crucial appeal.
Malaysians should remember that the President of the Federal Court, Tun Zaki Azmi although he did not include himself in the panel, was a former UMNO member, a former UMNO Legal Adviser and former Chairman of UMNO Disciplinary Committee!! Read here and here and here for more . In the Malaysian Judiciary website, the Profile Description of the Chief Justice Zaki Azmi is a HALF-TRUTH. In describing himself, he OMITTED his deep and long involvement in UMNO. Read here.
The decision to limit to only 5 judges has raised questions as the apex court had previously allowed a panel of seven judges to hear two drug cases.
Former Bar Council chairperson Ambiga Sreenevasan, who is representing Nizar, had earlier submitted that an 11-member bench was necessary as this is a case of huge public interests and implications. Sreenevasan said,
"...It affects all the states and would also affect the Federal Constitution. The whole world is watching, academics and the man in the street, as this is a unique case..."Nizar had said in his affidavit filed on Oct 28:
"... The issues and constitutional problem in Perak have not been resolved and a full quorum of Federal Court judges is important as it involves public interests and the jurisprudence history of the court in Malaysia.Nizar's appeal would determine the future of the Perak Pakatan Rakyat state government, which had been driven out of power in February after three of its elected representatives resigned from their parties and pledged support for Barisan Nasional.
Furthermore, the legal issues which is raised following the Court of Appeal decision involves the rejection of strong constitutional cases involving the powers of the menteri besar or the chief ministers of Sabah and Sarawak...."
Much is at stake at this hearing which would decide not only who is the legitimate menteri besar but also set a precedent for future similar political imbroglios. Read here for more
But this Federal Court under the watch of former UMNO member, Chief Justice Tun Zaki Azmi, thinks this Perak constitutional crisis is not important enough to seat an 11-member panel.
It is a bad start for Nizar already and further confirms that Malaysians should not hold their breath on what will be the outcome of the decision from these 5-member panel.
Since the sacking of the judges by the UMNO-led BN Government in 1988, UMNO has entrenched itself in the Malaysian judiciary such that it does not, and WILL NOT, LOSE cases in the Federal Court. In 1988, when UMNO lost, UMNO-led BN Government sack the judges and the Lord President.
Since then UMNO has made sure through its incumbency in Government that it will NEVER lose its cases in the apex court ever again.
The fact that the Perak constitutional crisis was forced to go to the UMNO-controlled Malaysian judiciary court for adjudication is itself making a mockery of the separation of powers between the Legislature, Judiciary and the Executive and against all the Articles of the Federal Constitution.
It is of no surprise that the analogy whispered in the mamak stalls in the Klang Valley is that it is akin to entrapping and directing the chickens to the fox den and then asking the fox to adjudicate on the fate of the chickens.
The ongoing wisdom on the street around the country is that THIS 5-member panel of the Federal Court WILL RULE in favour of UMNO MB against Pakatan Rakyat's Nizar Jamaluddin. Bookies are not taking any bets for Nizar to win his case.
The reasoning of the majority of Malaysians who are all too familiar with the attitude of the Federal Court and the Court of Appeal on cases affecting UMNO directly, that it is unthinkable that these 5 judges sitting in the panel who are directly under the charge of the former UMNO member and now President of the Federal Court, Tun Zaki Azmi, will be ruling otherwise.
Malaysians now have an opportunity to watch these five individuals (see their names below and whose past records had shown they are UMNO-friendly judges,) sitting on the panel, are worth on the chairs they are sitting on and whether there is value-for money for Malaysian taxpayers to pay their salaries .
Here are the FIVE Judges who chose among themselves to decide on the fate of the position of the Menteri Besar of Perak despite the call of the full 11-member panel. given public and national interest in the Perak's constitutional crisis.
President of the Court of Appeal
Chief Judge of the High Court of Malaya
Federal Court Judge
Federal Court Judge
Federal Court Judge
Malaysians, and us, just can't wait to say, "I told you so" Read HERE earlier article