Saturday, March 21, 2009

Nizar Vs Zambry: Case will go to Federal Court


By Yeng Ai Chun

KUALA LUMPUR: In a setback for former Perak Mentri Besar Datuk Seri Mohammad Nizar Jamaluddin, the Court of Appeal ruled Friday that his suit against the new MB Datuk Dr Zambry Abdul Kadir would be moved to the Federal Court.

Nizar had filed an appeal on Monday against the High Court’s decision to refer his suit against Dr Zambry Abdul Kadir, as to who the rightful MB is, to the Federal Court.

On March 6, Justice Lau Bee Lan ruled that there were constitutional issues involving the interpretation of Article 16 (6) of the Perak Constitution and later referred four consitutional questions to the Federal Court for determination.

Nizar, 52, had filed for a judicial review on Feb 13, seeking a declaration that he is the rightful mentri besar of Perak and an injunction to bar Dr Zambry from discharging his duties as the mentri besar.

On Friday, the Court of Appeal unanimously dismissed Nizar's appeal and saying the High Court judge had been correct in interpreting Section 84 of the Court of Judicature Act.

Datuk Mohd Raus Sharif who chaired the three-judge panel also read out that leave for judicial review was granted and that Zambry was party to the second proceedings.

The referral would be heard on Monday at the Federal Court. Star

TruthWatchMalaysia: The earlier the decision of the Federal Court the better for Perak and Perakians. It will allow the MB Dato Zambry to carry out his duties and programmes in governing the state in order to face the economic slowdown that we face now.


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