(When I spoke at the public forum “From May 13 to 1Malaysia – The Future of Malaysian Nation Building” at the Petaling Jaya Civic Centre on Wednesday, 13th May 2009, I had posed two questions, viz:
1. Why the Court of Appeal could fast-track to hear within three hours Datuk Zambry Abdul Kadir’s application for “stay” of Justice Abdul Aziz Abdul Rahim’s landmark judgment delivered on 11th May that Nizar was the lawful Perak Mentri Besar and grant it in another hour; while it was snail-pace in needing five days to hear Datuk Seri Mohd Nizar Jamaluddin’s application to discharge Zambry’s “stay”; and
2. Whether Malaysians can expect justice in cases involving top Umno leaders when there is an Umno Chief Justice, Tan Sri Zaki Azmi?
This proved to be an understatement, as last Friday, it was announced that Nizar’s application to set aside the stay order, filed on 13th May, was postponed from May 18 to May 21 – the hearing date for Zambry’s appeal.
Zambry required less than three hours after filing his application to get a single-judge Court of Appeal to hear his “stay” request, while Nazry requires eight (from the earlier five) days to get his application to discharge the “stay” order heard.
Is this justice.
No wonder Leong Cheok Keng, Nizar’s solicitors, raised a very pertinent question in his six-point statement below, framed by Malaysiakini as “Why is Zambry getting ‘special treatment’?”:
By Leong Cheok Keng
16th May 2009
1. My client is truly disappointed that his much awaited hearing on 18.5.2009 has been adjourned by the Court.
2. I received the letter from the Registry of the Court of Appeal at about 4pm yesterday on 15.5.2009 which says that it has been re-scheduled to 21.5.2009 and it will be heard together with the appeal proper. The apparent reason is that since the hearing of the appeal is imminent, my client’s application for the discharge of the stay order might as well be adjourned and there is now no urgency to hear the same.
3. Without any explanation given by the Court, the public will be left with the perception that the Court is once again going out of its way to accommodate the Appellant and putting my client at a disadvantage.
4. My client would like the issue of whether the Appellant, Zambry did or did not have the right in law under section 43 and 44 of the Courts of Judicature Act 1964 to obtain the relief of a full blooded stay despite not having made a formal written application to the High Court which made the declaration that my client is the lawful and valid Menteri Besar. On 11.5.2009, when Zambry’s lawyer’s oral application for a stay was refused, he was clearly asked by the High Court to put in a written application, which the lawyer did not do.
5. An explanation is also appreciated from the Court Registry as to why an application from my client is being delayed consistently when compared to Zambry’s application which was fixed for hearing and a decision made not more than 24 hours after the Judgment of the High Court? The hearing commenced within 3 hours of filing and stay order pronounced within 2 hours of hearing.
6. I also await eagerly the grounds of the one-man Court of Appeal panel for granting the “stay” order.
#1 by TomThumb on Monday, 18 May 2009 - 12:48 am
Because he is special?
#2 by monsterball on Monday, 18 May 2009 - 1:06 am
Special..my foot!
Useless to explain to an idiot.
#3 by quis ut deus on Monday, 18 May 2009 - 1:30 am
In real estate business, its “location, location, location”
In politics, its “connection, connection, connection”
#4 by ekompute on Monday, 18 May 2009 - 1:49 am
With Islam as the official religion of the country, I am sure there must be very good reasons for all these differences in treatment, LOL.
#5 by yhsiew on Monday, 18 May 2009 - 1:53 am
On the political crisis in Perak, Mohamed Nazri said, the court was the best avenue to settle the dispute…..(The Malaysian Insider)
====================================================
Mohamed Nazri’s tremendous confidence in the court merely infers that BN is in control of the judiciary.
Nizar’s application to set aside the stay order, filed on 13th May, was postponed from May 18 to May 21 could well be an attempt by BN to convey to the Opposition the message, “Yes we BN are in control of the judiciary and so what?”
#6 by ekompute on Monday, 18 May 2009 - 2:02 am
If even the judge cannot judge, let the people judge. DAP or Pakatan Rakyat should compile a list of the goodies that the BN government is dishing out… the arrest of the Sin Chew news reporter, the arrest of Teresa Kok, the manhandling of the Perak Speaker, and other juicy incidents as a one-edition newsletter to the public for the 13th general election…. one page per incident, with colorful photographs. No problem about the licence. Make the public fill a membership form with a low subscription (say RM1 special membership promotion rate) and get the colorful newsletter free. That will surely spell the death knell of the Barisan.
#7 by ekin on Monday, 18 May 2009 - 2:10 am
he is special because he is 3 in 1 shampoo?
#8 by yhsiew on Monday, 18 May 2009 - 2:14 am
….and get the colorful newsletter free…..(ekompute)
========================================
The police will confiscate the newsletters like what they did with ‘Suara Keadilan’.
#9 by ekompute on Monday, 18 May 2009 - 2:37 am
The Star Online report, entitled “Anifah: I will not apologise to Anwar”, states:
“Anifah said he had bigger tasks to concentrate on and did not have time to worry about Anwar’s threat to file to a defamation suit against him. “I have no time to worry about Anwar,” he told reporters on Sunday at the KL International Airport.”
I agree with Anifah. After all, the courts in Malaysia belong to his grandfather, so what has he to worry, LOL.
#10 by ekompute on Monday, 18 May 2009 - 2:39 am
The police will confiscate the newsletters like what they did with ‘Suara Keadilan’.
The newsletters are for members, and they are members after paying the RM1 subscription.
#11 by frankyapp on Monday, 18 May 2009 - 3:43 am
Zambry is getting special treatment because he is seriously ill.Dr.justice must treat him immediately or else he becomes a political psycho.Who’s Dr.justice ? He’s one of Umno/Bn panel of doctors. Poor Nizar ,not in the panel’s list was ask to wait.It’s a pretty normal thing in malaysian society.Many things are considered normal in our country under Umno/Bn such as mat rampit,snatch chief,political frog,power grab, and constant electrical power breakdown especially in Sabah. But for people living in the east coast town of Tawau is the other way around ie it’s abnormal to have continuity of power supply.Something is troubling me,certain crazy Sabah minister is building a new hostel to be named after a suicide boy. What is he encouraging for ? Please drop this silly idea before more young school boys and girls would follow this unfortunate boy by committing suicide to get hostel name after their names.
#12 by chengho on Monday, 18 May 2009 - 5:38 am
Whatever decision lks will find some point to complaint , even if rain on that day lks will blame some one for organising the rain…
#13 by Joshua on Monday, 18 May 2009 - 6:32 am
What about the iconic ‘two black duck eggs’ in Kedah?
Double BlackMalaysia?
#14 by monsterball on Monday, 18 May 2009 - 7:46 am
hi idiot chengho…Lim Kit Siang is not complaining..
He is reporting and highlighting.
That’s his trademark of a very successful..highly respected politicians by Malaysians. Are you afraid?
Why are you afraid of the truths?
Why do you wish to be a racialist?
Have you ever seen LKS wrote anything about rain or no rain…you idiot?
Do not be too smart to put words into his mouth.
Now..you don’t call him “uncle”…that’s good…because you are out here to insult him…why so respectful?……but have some manners…and write his initials in capital letters…not ..”lks”…but “LKS”. Your parents never teach you manners?
#15 by monsterball on Monday, 18 May 2009 - 7:50 am
3-1 is correct.
Zambry considers himself….part Mahatma Gandhi..part Nelson Mendella and part Martin Luther King Jr.
He is trying to be a low class clown…to win support.
#16 by wanderer on Monday, 18 May 2009 - 8:49 am
This Zambie is 3 into ONE, a UMNO black Ketuanan Melayu…the court owes him special privileges!
Nothing surprising and nothing new…this is a systom of a race that is suffering from an inferiority complex…only flexing their muscle in their own backyard. Out of the shore of this tiny pennisular, this arrogant, egoistic race with no roots… nobody gives them a damn!
#17 by Bigjoe on Monday, 18 May 2009 - 8:56 am
If they are going to stack it against Nizar, why in god world did they show obvious bias again and again BEFORE the actual hearing? Seriously it just dumb. You want to give an excuse to people the court decisions are credible but you keep destroying the credibility of the courts again and again BEFORE you have the case…
Its not the bias and abuse of power that I worry, that is given. Its just plain quality of thinking and process. Just the poor quality of people and process in our institutions is good enough reason why BN need to be kicked out of govt, not just in Perak but everywhere…
#18 by taiking on Monday, 18 May 2009 - 9:13 am
Three hours vs 8 days. If that is not special treatment then what is?
#19 by Elwin Heng on Monday, 18 May 2009 - 9:23 am
Let’s BN do whatsoever ‘obvious’ matters…
I/we wait and see, let them feel and sure will show the power of rakyat on the 13th GE! For sure, I/we will object and strongly disagree to them, 100% votes against PR by bringing most victory majority (either) YB -&- MP…
BN, whatever you did for the past, or doing whatsoever ‘obvious’ matters…
‘pay-back’ ending @13th GE…
PR, keep contributing to rakyat, fight for our right…
‘rewards -/- awards’ victory come @13th GE… federal government?
PS : No offensive to the abovementioned.
TQ.
Warmest regards.
#20 by Godfather on Monday, 18 May 2009 - 9:29 am
We get the government we deserve. A mediocre electorate votes in a mediocre government.
#21 by atsaari1960 on Monday, 18 May 2009 - 9:31 am
YB Lim,
The general public are well aware that the system is in only to serve their corrupt master UMNO. Whenever there are judgements or rulings made in favour of the opposition, we always expected a ‘twist’ and twist was what we got from the high court ruling in favour of YB Nizar.
It was as if everything was pre-arranged before the high court judge made his ruling, something like “okay, I made the okay ruling and you, the C.o.A immediately make the stay of execution”
As for me and many more other Malaysians, I simply do not believe in any of the systems anymore, judiciary, police, MACC, SPR…….to us all these systems are just corrupt to the bone.
What we wish for is for Pakatan to be wiser and not repeat this stupid mistake again. Keep your vigilance on Selangor.
#22 by All For The Road on Monday, 18 May 2009 - 9:58 am
Birds of the ‘same feather’ fly together!
#23 by cheong on Monday, 18 May 2009 - 10:08 am
Not only in the courts, when see how the two were being treated by police is enough to bring a 4 letter word out of your mouth automatically.
#24 by cheong on Monday, 18 May 2009 - 10:33 am
monsterball,
We all know there are a handful of cybertroopers keep coming into this blog for fun.
They are here just to get attention by irritating you, when you shout idiot to them they will get the thrill. This liken to a flasher’s action, the more frighten his victim become, the more shiok he get. On the other hand, if no response at all from the victim, he will not get his ‘orgasm’ achieved.
Likewise, we should just ignore these ‘cyber flasher’. Eventually they sure find it no fun and will go elsewhere to masturbate themselves.
#25 by ctc537 on Monday, 18 May 2009 - 11:46 am
Politicians still in power can hide their misdeeds, and all of them appear to be ‘saints’. They are doing things according to principles, not like the Opposition politicians who mislead the people, they say.
Just wait and see if their misdeeds would be exposed once they are out of power.
#26 by AhPek on Monday, 18 May 2009 - 12:10 pm
The Judiciary of Malaysia has been subserviant to the Executive ever since Mamak sacked the Lord President Tun Salleh Abbas in 1988 and now with the installed UMNO lawyer as the Chief Justice,what can one expect the administration of justice going to be….without fear or favour??
The great Tun Suffian,a little man but yet a towering figure amongst judges,has this to say of the sacking. “The news of the devastation that hit the judiciary resounded throughout the world and reached me in Geneva where friends asked me what kind of country Malaysia was.I am at a loss to explain and,for the first time in my life,I felt ashamed to be a Malaysian.”.Such a prominent Malaysian, a great former Lord President of the country coming to declare he is ashamed to be a Malaysian must have been the result of some heinous act carried out by the chief executive of the country!
Another quote from Tun Suffian after Salleh’s removal,”Judges who joined in the removal of their boss have been rewarded by promotion. Judges who did not
have been cowed into silence.Judges are at sixes and sevens.Some daren’t speak to each other.While there are judges whose integrity and impartiality have never wavered,the public perception is that the judiciary as a whole can no longer be trusted to honour their oath of office.When I am asked what Ithought,
my usual reply is that I wouldn’t like to be tried by today’s judges,especially if I am innocent.”.
Such a damning opinion and coming from such a distinguished former Lord Preident,it’s got to be kidding for anyone to think that Mahatma Nelson Zambry is not getting ‘special treatment’ from the Court Of Appeal! What’s more you also have today an UMNO installed Chief Justice too.
#27 by Aaron on Monday, 18 May 2009 - 12:37 pm
Why is Zambry getting ’special treatment’?
Because this is Malaysia. A country that will never have justice & most of the judges are UMNO supporters.
Very disappointed with such injustice decision…:(
#28 by Joshua Tan Kok Hauw on Monday, 18 May 2009 - 12:41 pm
Because Zambry’s mouth is bigger than a lion’s.
Because Zambry is more handsome that Mahathir
and less handsome that Richard Gere.
Because Zambry is suffering from constipaton
and depression so that he can sit for too long.
Because Zambry is crazy, crazy for power.
#29 by gofortruth on Monday, 18 May 2009 - 1:47 pm
This is a classic case of revealing the true character of oneself under pressure.
BN in a haste to stop Nizar’s MBship, has revealed/exposed its true & nasty character – BULLDOZER!!!!
This confirms the world wide perception that the Malaysian courts are UMNO machinary to the affirmative. This no doubt will frighten away many would be foreign investors!!!
#30 by lesliefkh on Monday, 18 May 2009 - 2:06 pm
Because he looks like Obama..his skin color so the appeal judge mistaken of Obama.
But he isnt Obama even to Obama double person(2nd person obama alike)!!
#31 by justice4all on Monday, 18 May 2009 - 4:28 pm
This special treatment may symbolise the writing on the wall of what is to come in the Federal court. BN will have a legal solution to the problem. Will this be justice4all?
#32 by grace on Monday, 18 May 2009 - 5:42 pm
If a court can do away with a non-written judgement in a landmark case, what do you expect?
I wanted to make a bet with my neighbour who would win in the court. Both of us pick the same winner and therefore cannot bet. You know la who the winner is!!!
#33 by siamo on Monday, 18 May 2009 - 7:48 pm
Did anybody read that Sultan Azlan Shah said, “Control your greed”? Is he talking about himself?
Why did he take sides in the Perak issue? What goodies did the BN gave to him?
#34 by lopez on Monday, 18 May 2009 - 9:35 pm
the most frighten lot of the society are the kaki tangan gomen, job security , symposium and training
all their working life it is more like a school….and get paid doing it…where to find..
so if opposition wants to make waves …that is how it will appears to them….hey it is infringing their precious domain of security and good life.
Assurance deemed granted…no worries,,,opposition will be opposed.
Sorry bunch of idiots….job security …where to find…and do nothing at all..since most work done by out sourced service providers….these days is in vogue,,,,latest management technigues mah….
and sh*t even get bonus and increment …or else…..
#35 by disapointed86 on Tuesday, 19 May 2009 - 12:12 am
u guys all silly..the answer is BECAUSE HE’s a BN D*G…as long as BN is ruling the country…there will be no fair policy
#36 by ekin on Tuesday, 19 May 2009 - 2:17 pm
I think we add another one to the list of clowns HA HA
The number 1 clown is(drums rolling)…Mr Pathetic Kassim Amat!
The number 2 clown is(drums rolling)…Mr Pathetic Cintan Negara!
The number 3 clown is(drums rolling)…Mr Pathetic Laksamana Cheng Ho(in disguise)!
Remember 3 stooges? They just fit in! HA HA
You’ll find it amused to read the blogs here having these 3 clowns. They like to show stupidity along their words. No wonder the site is getting more and more bloggers! HA HA
“Likewise, we should just ignore these ‘cyber flasher’. Eventually they sure find it no fun and will go elsewhere to masturbate themselves.”- I can’t agree with you Mr Cheong, sorry to that. I like to have them not just as entertainers but if you notice, its better to have them here. The words that came out of their mouth does speak of the minds in BN and UMNO. Put it this way, if BN UMNO had not such thinking, why does their lap dogs has it? Earlier Mr All For The Road said “Birds of the ’same feather’ fly together!” Meaning, they can’t be together unless they are likeminded. Furthermore, now they have proven that they are the so called “privilege”, the “racist”, the “bulldozer”, the “liar” and the “lunatic”..Name it man..