Only five judges to hear final appeal

Ousted Perak menteri besar Mohd Nizar Jamaluddin has been dealt another blow with the Federal Court denying his request for a full 11-member bench to hear his appeal.

Instead a five-member bench has been appointed to hear his appeal in a case brought by Nizar to determine whether he, or Barisan Nasional’s Zambry Abdul Kadir, is the rightful menteri besar.

Nizar’s lawyer Leong Cheok Keng said the information was relayed to him through a letter faxed to his firm yesterday.

“No reasons or explanations were given as to the refusal,” said Leong in a statement, adding that the legal team was disappointed and disheartened by the refusal.

Leong said Nizar will be advised to consider halting the proceedings pending a written appeal for the Federal Court to enlarge the panel and to state their reasons for refusing their initial requests.

“This is our client’s last avenue of appeal. If Nizar’s application for leave is dismissed by the five-man bench, this will be the end of the litigation.

“We therefore, in the interest of justice, fair play and good judicial governance, request that a full bench be empaneled to hear what will, most probably, be our country’s most important constitutional and landmark appeal,” he said.

Judicial integrity at stake

Leong explained that having a full bench was crucial to assure the public that the judiciary does not practice“judge-picking” and to ensure greater judicial independence.

“The refusal is most upsetting to all Malaysians who believe in the concept of a fair and impartial judiciary,” he said.

“So long as there persists the appearance of bias, there can be no finality in the judgment of the highest court of the country.”

Nizar’s latest setback comes in the wake of delayed written judgments by three Court of Appeal judges, following their infamous five-minute judgment to quash a High Court decision that declared him the legitimate menteri besar.

His lawyers have argued that the delay frustrated their attempts to properly frame questions for the Federal Court application which must be filed by June 21, or 30 days after the Court of Appeal decision.

Two of three written judgments – by Md Raus Sharif and Ahmad Maarop – were released yesterday. The final judgment by Zainun Ali will only be released on Monday.

Commenting on this episode, Leong said the Court of Appeal’s delay in releasing their written grounds was already seen by the public as an example of the judiciary’s “lack of competency and professionalism”.

He notes that Ramly Ali, the judge who on May 12 granted a stay of declaration order on Nizar’s High Court victory, had also yet to provide his written grounds. Mkini