Wednesday, 13 May 2009

Malaysian appleal court judge has broken the LAW

How could Appeal court judge be breaking the law and the Attorney
General be so ignorant of the LAW??

Is it possible to sue both of them?

It's contempt of court, says Ngeh

IPOH: Pakatan Rakyat has accused Datuk Seri Dr Zambry Abd Kadir of
acting in contempt of court by resuming the duties of the Perak Mentri

State DAP chief Datuk Ngeh Koo Ham said that until the Court of Appeal
made its decision, neither Dr Zambry nor Datuk Seri Mohammad Nizar
Jamaluddin could legally carry out any mentri besar duty.

The former senior executive council member added that by resuming his
duties Tuesday, Dr Zambry had caused the nation to think that he had
already won his appeal against Monday's High Court ruling.

The Court of Appeal had on Tuesday granted Dr Zambry a stay of
execution pending his appeal on the High Court's ruling that Nizar was
the rightful mentri besar "at all material times."

Since then, Dr Zambry and his team of exco members had entered their
offices at the State Secretariat, met for an exco meeting and held a
press conference.

"This cannot be done because the stay of execution granted to Dr
Zambry does not reverse the High Court ruling.

"The stay only asks Nizar not to exercise his right in order to give
Dr Zambry a chance to let his case be heard at a higher court.

"Hence as it stands now, Nizar is the legal mentri besar and Dr Zambry
is the illegal one but neither can exercise their mentri besar
duties," said Ngeh told The Star in a phone interview.

Ngeh also wondered at the Court of Appeal's decision to grant the
stay, saying that Section 54 of the Special Relief Act disallowed any
injunction to be granted when it interfered with the public duties of
a government.

Section 54(d) states: "An injunction cannot be granted to interfere
with the public duties of any department of any Government in
Malaysia, or with the sovereign acts of a foreign Government."

"The stay is tantamount to a form of injunction," argued Ngeh.

Ngeh said that since Dr Zambry could not carry out mentri besar
duties, he did not have the right to lift the suspension of State
Secretary Datuk Dr Abdul Rahman Hashim and State Legal Adviser Datuk
Ahmad Kamal Md Shahid.

He also refuted Chief Secretary to the Government Tan Sri Mohd Sidek
Hassan's statement that the state government could not suspend the

"The State Secretary and the State Legal Adviser are Federal Officers
appointed by the Public Service Commission and the Judicial and Legal
Service Commission respectively.

"However, when they are seconded to and employed by the state
government, the state government has the authority over them as their

"Therefore, they can be suspended from their duties pending formal
complaints lodged against them with both the commissions," he said.

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