Hearing begins on Perak MB crisis

PUTRAJAYA— The Court of Appeal this morning started hearing Barisan Nasional’s Datuk Seri Dr Zambry Abd Kadir appeal against the High Court ruling last Monday that declared Pakatan Rakyat’s Datuk Seri Mohammad Nizar Jamaluddin the rightful Perak mentri besar.

The Kuala Lumpur High Court had on May 11 ruled that Nizar was the rightful mentri besar as the state assembly had not moved for a vote of no confidence to remove him.

The following day Zambry filed an appeal and obtained a stay order from Court of Appeal judge Ramly Ali who had sat as a single judge.

Following this Nizar filed his own application to set aside the stay order granted to Zambry.

Nizar's application is to set aside the stay order obtained by Zambry against the High Court ruling which had declared Nizar as the legitimate mentri besar.

He had also requested that the matter be heard by a five-member Court of Appeal panel, instead of the usual three, as it was a matter of public interest and touched on constitutional issues.

However, Nizar failed to get his request. It is learnt that his letter of request did not reach the Court of Appeal president Alauddin Md Sheriff on time.

This morning, the parties agreed that Zambry's appeal will be heard first.

The three-member panel hearing the matter comprises Justices Abdul Raus Sharif, Datuk Zainun Ali and Ahmad Maarop.

This legal battle between Nizar and Zambry is largely seen by many as the final judicial attempt by either party to stamp their authority as the rightful and legitimate Perak menteri besar.

The hearing is expected to take a few days before the court makes a ruling on both the matters before it. Go to this link to get the latest updates from the Appeal Court (TMI)

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Ku Li - The courts cannot solve Perak crisis

KUALA LUMPUR — The Perak crisis is a tragic comedy of errors and bad political judgement that reflects a failure of political leadership. As it continues to spin out of control, it damages our democratic system of governance.

For all intents and purposes, one of our most prosperous and developed states has been reduced to a failed state, with a possibly illegal state government in place. This is a condition that can propagate outwards to the rest of the country.

I stated at the beginning of this crisis that by our Constitution, a change of government can only be brought about by democratic means, which is to say, through the ballot box or through a formal vote of confidence in the elected Legislative Assembly.

These are the constitutionally mandated means by which the people decide on their government. Any other means of changing the government is unconstitutional and undemocratic, and subverts the basis upon which we are a civilised society.

We now have reason to fear the loss of the people’s confidence in the Constitution, in democracy and in our constitutional monarchy.

Responsible political leadership must support rather than destroy the confidence of the people in these practices and institutions. In particular, powers reserved for the Legislative Assembly, which represents the sovereign will of the people, cannot be taken away under any circumstances by anyone.

This foundational constitutional principle has been affirmed by the Court. We are all sworn to uphold it. Those who do not understand or accept this principle have no place in government.

Some issues can be solved by a court of law, but the Perak crisis is not one of them. The back and forth events of the past week demonstrate this fact abundantly.

The Perak crisis cannot be solved by a decision of the Court because it is at heart a political rather than a constitutional problem. There is really no doubt about what the Constitution says.

What is now unclear as a result of an ugly series of manoeuvres is whether Perak has a legitimate government, and there is only one way to resolve that issue.

Perhaps our political leadership has not understood how important it is that the people’s voice must prevail, and be seen to prevail, in the choice of their government.

The only solution to the Perak crisis now is for the State Legislative Assembly to be dissolved and free and fair elections held. At this stage there is no other way to restore both public confidence and constitutional legality to the Perak state government, and by extension to our entire system of government.

Our survival as a democratic and constitutional monarchy depends on our acceptance of the judgment of the people as expressed in free and fair elections. Any attempt to circumvent that judgement betrays the basic principles and values upon which our nation and incidentally, UMNO itself, stand.

I appeal for wisdom and a broader concern for the wellbeing of our country.

Tengku Razaleigh Hamzah

Member of Parliament, Gua Musang

Courtesy of The MalaysianInsider

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Nizar seeks audience with Sultan Perak

IPOH: Reinstated Perak Mentri Besar Datuk Seri Mohammad Nizar Jamaluddin left from the state secretariat building here at 7:45am Tuesday for Istana Iskandariah in Kuala Kangsar for a royal investiture ceremony.

He is expected to seek royal consent from the Raja Muda of Perak, Raja Nazrin Shah, to dissolve the State Legislative Assembly to pave the way for fresh state elections.

His aide Amran Harun, delivered a formal letter informing the palace of Nizar’s wish for an audience with the Sultan of Perak, Sultan Azlan Shah, to seek his royal consent to dissolve the Assembly. The letter was delivered at 8:20am.

Pakatan Rakyat state executive councillors had started gathering at the so-called “democracy tree” where the March 3 “under the tree” Assembly sitting took place as early as 7:30am.

As soon as Nizar arrived, the group moved towards the state secretariat building where they were temporarily denied entry by police who said they were acting under the instructions of State Secretary Datuk Dr Abdul Rahman Hashim.

There was a heavy police presence at the building, with some of them in riot gear.

Nizar, who was declared the rightful mentri besar by the Kuala Lumpur High Court on Monday, had actually suspended Abdul Rahman, although the letter of suspension had not been served yet.

The Pakatan group was finally allowed in after a few minutes. Also accompanying them were Ipoh Barat Member of Parliament M. Kulasegaran and V. Sivakumar, who was ousted as Speaker in the May 7 State Assembly sitting whose validity is now under question.

Suspension letters were served to both Abdul Rahman and State Legal Adviser Datuk Ahmad Kamal Md Shahid at about 8:15am.

On Monday, High Court (Appellate and Special Powers) judge Justice Abdul Aziz Abdul Rahim had granted a declaratory relief to Nizar that he is still and was mentri besar at all material times.

The court, which issued a declaratory relief that Datuk Seri Dr Zambry Abd Kadir had no right to occupy the office of Perak Mentri Besar, also ordered him to show cause and give information under what policy, power or authority he allegedly held office and exercised the responsibilities, functions and duties as mentri besar. (thestar)

Meanwhile, MIC politician R Ganesan has been reported as saying the Umno-BN would hold an emergency sitting of the state assembly to legally vote out Nizar.

As Ganesan is not an elected representative, perhaps it is understandable that he did not grasp the significance of Monday’s ruling, which invalidates the existence of the Zambry Kadir administration right from day one.

However, Nizar has said he will not automatically revoke all decisions entered into by Zambry ,but these will have to be subjected to review. The exception will be the controversial May 7 sitting, during Ganesan was illegally voted in as Umno-BN’s Speaker of the assembly.

“As far as we are concerned, they have no right to call for an assembly. How can they call for a sitting when they don’t have the legitimacy to do so?” he had said to reporters at a meeting conducted in the wee hours of this morning.

Should the Pakatan agree to a sitting, they would control the 59-seat assembly by 28 to Umno-BN’s 21 as 10 lawmakers, including Zambry, are still in suspension for between 12 to 18 months after breaching House rules.

Despite the advantage, Pakatan has promised to dissolve the assembly and call for the fresh election that Perak folk have clamoured for.

State secretary Abdul Rahman Hashim and state legal advisor Ahmad Kamal Shahid were also suspended by Nizar for gross unprofessional conduct. The pair - along with Jelapang assemblywoman Hee Yit Foong, Changkat Jering’s Mohd Osman Jailu and Behrang’s Jamaluddin Radzi - incurred national notoriety for their treacherous behaviour. (tmi)

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Sultan can appoint MB but can’t remove him

KUALA LUMPUR: The power of the Sultan to appoint or remove a mentri besar took centrestage at the High Court yesterday in the case between former Perak MB Datuk Seri Moham­mad Nizar Jamaluddin and his successor Datuk Seri Dr Zambry Abdul Kadir.

Nizar’s lead counsel Sulaiman Abdullah, who noted that the Perak Constitution was the highest authority in the state, submitted that while the Sultan was conferred the power to appoint a mentri besar, he did not have the same power to remove a sitting mentri besar.

“It is well and good in appointing, that is entirely up to the Sultan but getting rid of the mentri besar is no longer the Ruler’s function – it is now up to the state council. That can only be done through a vote of no confidence in the House,” Sulaiman told High Court judge Justice Abdul Aziz Abdul Rahim when submitting on Nizar’s application to seek a declaration that he is the rightful mentri besar.

Nizar is also seeking an injunction to bar Zambry from discharging his duties as mentri besar.

This came after the Pakatan Rakyat government in Perak collapsed when three Pakatan assemblymen declared themselves independent, but friends of the Barisan Nasional coalition, in February. Zambry was subsequently appointed Mentri Besar.

Sulaiman said the appointment of a person to the office of the mentri besar was only valid if the office was vacant, as there could not be two persons holding the office.

“And the office will only be vacant if Nizar resigns or is dismissed. Nizar has not resigned,” he said, arguing that Zambry’s appointment was, therefore, unconstitutional.

Abdul Gani, who is an intervener in the case, however, said the Sultan had carried out his duty under the state constitution to ascertain that Barisan had the majority before appointing a new Mentri Besar.

There were only two provisions in the state’s constitution, he said, when a mentri besar could request for a dissolution of the state legislative assembly.

One was under Article 36(2) of the Perak Constitution when the five-year term of the assembly was drawing to an end and the other was under Article 16(6) when the mentri besar had lost the confidence of the majority of the House.

Nizar, he explained, had made the request under Article 16(6).

“When the Sultan refused the request, he and members of his exco are deemed to have resigned and their offices in the exco are vacated automatically. The mentri besar’s office therefore fell vacant and Zambry was lawfully appointed as the Mentri Besar,” he submitted.

Sulaiman counter-argued by stating that the mentri besar, similar to a prime minister, could request for a dissolution of the assembly prior to the five-year term.

The hearing continues today. (TheStar)

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Ngeh maintains Zambry and exco cannot attend May 7 assembly

KUALA LUMPUR,— A Pakatan Rakyat (PR) leader gave an indication today of how events on Thursday in the Perak state assembly will be played out, by maintaining Datuk Dr Zambry Abd Kadir and his six Barisan Nasional (BN) executive councillors did not have a right to attend the legislative sitting on that day.

State DAP chief Datuk Ngeh Koo Ham maintained today that the 18-month suspension meted out by the legislature’s rights and privileges committee still stood despite a recent federal court ruling overturning Speaker V Sivakumar’s suspension of the BN mentri besar and his six executive council members.

Ngeh argued in a statement issued today that the Federal Court’s declaration on April 16 that the speaker’s decision to suspend Zambry and six other BN lawmakers as null and void was a mistake as the speaker did not act alone in making the decision.

“The decision of the state rights and privileges committee was endorsed by the state assembly which was convened on March 3 2009,” said Ngeh, referring to the “under the tree assembly” called by Sivakumar where a motion in support of Datuk Seri Nizar Jamaluddin as mentri besar was passed.

Ngeh’s remarks suggest Sivakumar could, as the speaker, order Zambry and the six BN lawmakers out of the assembly. It is unclear so far how Zambry and his BN colleagues hope to take his seat if such an order is made.

Apart from Zambry the powerful committee also suspended newly appointed exeuctive councillors Zainol Fadzi Paharuddin, Datuk Ramly Zahari, Hamidah Osman, Saarani Mohamad, Mohd Zahir Khalid and Dr Mah Hang Soon.

“Therefore the decision by the state rights and privileges committee is still valid and the assembly speaker as the chairman and member of the committee and the Perak state assembly is legally bound to the decision made by the two bodies,” Ngeh added.

Ngeh also said that the Federal Court has no right to force the state rights and privileges committee and the state assembly to abide by its ruling, citing Article 72 of the Federal Constitution which says the decision in any state assembly cannot be questioned in any court.

He claimed that the Federal Court had also rejected Zambry’s application to declare the emergency session of the assembly held on March 3, as illegal.

“The Federal Court’s decision as interpreted by Pakatan Rakyat lawyers does not allow Datuk Zambry Bin Abd. Kadir and six assemblymen from attending the state assembly and the decision by the assembly on March 3 2009 is valid,” said Ngeh

Zambry had claimed that the emergency session was illegal as it was convened without the consent of the state ruler, and the mentri besar is expected to use the new session of the assembly which begins this Thursday to legitimise his leadership. (TMI)

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Zambry forced to reverse media restrictions as Pakatan slams Perak police, state secretary

Anwar speaking at the joint press conference with PAS president Datuk Seri Hadi Awang (left) and DAP’s Lim Kit Siang. - Picture by Choo Choy May

UPDATED

By Debra Chong

IPOH- The Pakatan Rakyat (PR) today accused the police and the Perak state secretary of partisanship ahead of the May 7 state assembly sitting, even as the mentri besar slipped into damage control mode in the fallout from an earlier decision to restrict media coverage.

Opposition Leader Datuk Seri Anwar Ibrahim noted that the state secretary had “seemingly taken over the duties” of the speaker, including deciding which media organisations were allowed to enter the assembly.

But even as Anwar was speaking here at a joint press conference together with PAS president Datuk Seri Hadi Awang and the DAP’s Lim Kit Siang, Perak mentri besar Datuk Zambry Abd Kadir announced he had rescinded the restrictions in a posting on his blog.

Zambry claimed to have had no hand in the decision to restrict the number of media organisations covering the state assembly, but he suggested it was made because of space constraints.

“In the name of press freedom I have asked the information department to allow all mainstream media representatives to cover (the assembly). This includes the new media, including our blogger friends,” the Perak MB wrote.

Last week, the Perak Information Department issued a circular listing down which media organisations were allowed to send their reporters and cameramen to cover the state assembly sitting, leaving out a number of newspapers and also the online media.

The decision to restrict the number of media organisations has drawn a major outcry and has damaged Zambry’s attempts to win backing for his government.

The DAP’s Lim, speaking at the press conference here, said: “I think it is clear these people have no respect for the media.”

He accused Zambry of having something to hide and “for turning the assembly into a security prison.”

Datuk Seri Nizar Jamaluddin, who still maintains he is the mentri besar, was also present at today’s press conference, told reporters he had received a request from the police to attend a special briefing tomorrow.

He noted it was the first time the police had ever organised such a briefing.

Nizar said all PR lawmakers would boycott the briefing. (TMI)

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DrM blamed on Zambry for BN to lose in Bkt Gantang

Former premier Mahathir Mohamad has blamed his Umno party’s loss in Bukit Gantang on the flotilla of posters displaying BN Menteri Besar Zambry Kadir.

“There were lots of banners and posters in Bukit Gantang. A lot of them showed the portraits of the candidate. But quite a lot showed the picture of the Menteri Besar,” said Mahathir.

Unwittingly, the veteran politician has hit bull-eyes.

Not that Zambry is unpopular in his personal capacity, but the Pangkor assemblyman has become a symbol for the injustice and frustration felt by the majority of the people in the state.

Independent surveys have shown that as many as three-quarters of Perakians want a fresh mandate via state-wide polls to choose their leadership.

The Umno-BN line-up foisted on them by their Sultan and Prime Minister Najib Razak has not been able to gain respect and acceptance, simply because it lacks the key ingredient of legitimacy, which can only come with by being elected - not appointed and dubiously too.

On the other hand, the fight-back launched by the Pakatan Rakyat, which was displaced by Zambry’s ascension, has gotten stronger - boosted immeasurably by the blatantly cheating tactics adopted by the Umno-BN.

From locking up the gates to state secretariat, threats of imposing curfew, denying the Speaker of the assembly the right to his own legal counsel, instigating his secretary into betraying him, vandalizing the Tree of Democracy, all the way to persuading the highest court in the land to utter declarations that have been slammed right, left and centre by the legal fraternity.

All these mis-steps have hurt the nation more than just Perak. (SuaraKeadilan)

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Zambry bypasses Speaker, calls for May 7 sitting

Perak DAP secretary Nga Kor Ming has confirmed that BN Menteri Besar Zambry Kadir called for a sitting of the state assembly on May 7 without the knowledge and consent of the Speaker V Sivakumar.

Nga said notice of the meeting was issued by the clerk of the House, Abdullah Antong Sabri, who was suspended by Sivakumar for insubordination and replaced by Mohd Misbahul Munir Masduki on Mar 2.

This latest underhanded card dealt by Zambry will surely raise questions on the legality of the sitting.

Nga also slammed the May 7 date, saying that by calling for the sitting just two days after the May 5 hearing of the case between Pakatan Rakyat Menteri Besar Nizar Jamaluddin and Zambry, it only indicated the extent of Umno’s influence over the courts.

“Is the BN so confident of winning the case that they are calling for a sitting right after the High Court’s decision? I call on the BN to be accountable and explain whether or not they are the unseen hand behind the judiciary. Otherwise, the independence of the judiciary is at stake,” said Nga.

A sad day for Malaysia’s legal system

The Pakatan is expected to meet and chart their next course of action after two controversial and sharply-criticised Federal Court rulings this month.

On Feb 9, the apex court declared that it was the Election Commission that had the authority to decide on the resignations of three Perak assemblymen - Jamaluddin Radzi of Behrang, Mohd Osman Jailu of Changkat Jering and Hee Yit Foong of Jelapang - not the Speaker of the state legislative assembly, V Sivakumar.

On Feb 16, it ruled that Sivakumar had acted ultra-vires when he suspended BN Menteri Besar Zambry Kadir and six executive councillors for breach of House rules.

Said DAP adviser Lim Kit Siang: “In striking out the purported suspension order of the Perak state assembly Speaker, the Federal Court was striking out an order that does not exist - as the suspension order was that of the Committee of Privileges.”

“It was not the Speaker who suspended Zambry and his six executive council members, but the Perak State Assembly Committee of Privileges on Feb 18. Zambry and his six exco members had sued the wrong party and as a result, has got a Federal Court order against the wrong party.”

Nevertheless, the Pakatan Rakyat leader still slammed the decision, saying it was a clear-cut violation of principles on which the nation’s parliamentary system was built.

“The Federal Court decision is a serious violation of the doctrine of separation of powers among the three branches of government, the executive, the legislature and the judiciary, each recognizing and respecting the limits of its own powers not to trespass into the powers of the other branches of government.”

Courtesy Of Suara Keadilan

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Fed Court ruled that state speaker has no power to suspend assemblymen

PUTRAJAYA, – The Federal Court has unanimously ruled it has the powers to decide on whether Perak Speaker V Sivakumar’s suspension of the mentri besar and his executive council from the legislature was valid.
Court of Appeals president Tan Sri Alauddin Mohd Shariff, one of the five-member panel, said the preliminary objection, based on a procedural technicality raised by the speaker’s counsel Sulaiman Abdullah, had been rejected.

The case has huge ramifications for the constitutional crisis which has engulfed Perak. The suspension of mentri besar Datuk Zambry Abd Kadir and his six executive councillors would give Pakatan Rakyat a majority in the state assembly and the Barisan Nasional (BN) government could potentially be ousted when the legislature sits again.

Today’s decision by the Federal Court will also be controversial because it appears to affect the legal principle of separation of powers and also constitutional provisions which suggests the legislature governs its own proceedings.

Sulaiman warned the court that this was a “significant step in Malaysian legal history in that the hitherto well-preserved distinction between the legislative and judiciary is being challenged.”

This formed the main body of Sulaiman’s submission today when hearing commenced, as he argued that the court cannot enter into the question of whether the speaker had erred in his decision.

“Similar to matters pertaining to the Syariah court, this court has no jurisdiction. It is up to the assembly to decide on its rights and privileges.”

He explained that the speaker’s actions were not exempt from review but “exempt from review by the courts.”

“It is open to review by a substantive motion in the house,” he said.

Chief Judge of Malaya Datuk Arifin Zakaria then proposed a situation where the speaker has suspended “30 members” of the assembly, implying an entire opposition bench, and there would be no one to move this motion. “So nothing can be done?”

Sulaiman drew a parallel with that of judges of an apex court, that their decisions, no matter how out of order, also could not be questioned.

“But during an election, then the speaker and his party will receive their come-uppance,” he said.

He also added that the mentri besar could also seek dissolution of the assembly if the speaker had acted completely out of order.

However, Arifin still demanded that Sulaiman “show me the power” by which the speaker could suspend members for contempt. Sulaiman cited Standing Orders 89 and 90 of the Perak assembly which he claimed gives the speaker the power to make final decisions on matters of the assembly, subject to a substantive motion being raised.

Intervening after Sulaiman’s submission, Attorney-General Tan Sri Gani Patail argued that, according to the constitution, the courts are made the ultimate interpreters of the constitution and, as such, have a function to perform in this case.

“This does not mean that the judiciary is supreme over the legislature but that the constitution is supreme over both,” he said.

He further argued that with specific regards to suspensions for contempt, other assemblies such as the Parliaments of Malaysia and Singapore had specific provisions for such actions whereas the Perak assembly did not.

He said that while Parliament had legislated laws which gave it powers to punish acts of contempt, the “legislative enactment for Perak provided certain powers but not punishment for contempt” and this should be interpreted as a intentional move to limit the powers of the assembly.

Gani also said that the charge of contempt could not stand as charging Zambry and his six executive councillors for accepting their appointments from the Sultan was in contempt of the ruler’s constitutional prerogatives.

“Accepting the appointments are not legislative privileges and therefore the suspensions are ultra vires and have no effect whatsoever,” Gani claimed.

He also said that the privileges committee, which is chaired by the speaker, had no powers to mete out punishment but is only an investigative body as stated in the assembly’s standing orders.

As such, it then tried to bring its recommendations to the assembly, said Gani, referring to the “tree assembly” on March 3, which was held under a raintree as the PR assemblymen were not allowed into the assembly hall by security forces.

Gani said that the assembly was invalid as the Sultan did not consent to the sitting. Sulaiman had earlier argued that no consent was necessary as the last sitting was postponed until a further date and a fresh proclamation was only needed from the Sultan to call a new session, which is made up of any number of meetings, after a sitting is discontinued, which signals the end of a session.

However, Gani claimed that a new summoning by the Sultan was required at the beginning of each meeting, which is any number of sittings that terminates if the assembly is adjourned for more than 14 days.

He provided evidence showing that even under PR’s one-year rule, the Sultan’s consent was still given for each of the three meetings.

Later, Perak DAP chief Datuk Ngeh Koo Ham, who was senior executive councillor in the PR government, told The Malaysian Insider that this was done at the advice of the assembly secretary, following the convention of Barisan Nasional but that constitutionally, the Sultan’s proclamation was only required at the start of a new session, and not each meeting.

The legal team for the executive council has decided to adopt the AG’s submissions and the apex court will hear Sulaiman’s reply on Thursday before making its final ruling on the matter. (TMI)

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PR gives two days ultimatum to Zambryto dissolve Perak SA

KUALA LUMPUR : Taiping MP Nga Kor Ming said today Perak state assembly Speaker V. Sivakumar will call for special assembly meeting if Barisan Nasional (BN) Mentri Besar Datuk Dr Zambry Abdul Kadir refuses to call for the dissolution of the state assembly within two days.

Datuk Dr Zambry AbdulKadir At a press conference in the parliament lobby today, Nga said Sivakumar had written to Perak Sultan, Sultan Azlan Shah last week requesting His Royal Highness' consent to convent a special assembly meeting.

"According to an opinion poll of Perakians, more than 80% of the voters wish for the assembly to be dissolved to pave way for a fresh elections.

"I urge Zambry to respect democratic system and call for the dissolution of the assembly as this is the only way to end the constitutional crisis in the state," he said.

Nga, who was an executive councillor of the Pakatan Rakyat (PR) government before the state government fell to the BN, said if Zambry has fails to do so, the PR would move a motion to stop the BN government which is deemed illegal, from using the state money.

"We feel sad for such development because if the state fund cannot be used, the administration of the state government will be affected, so the only (to prevent this) is to call for a fresh election," he added.

Nga also criticised the announcement by Zambry that his legal team was seeking advice from a Queen’s Counsel, on the state crisis.

He descrined Zambry's act to seek opinion from former colonial master – the United Kingdom which ruled the state from 1874 to 1957, as being akin to "a baby crying for his mother although the baby is now almost 52 years old".

Sivakumar"It also shows that Perak Umno does not truly understand that Malaysian constitutional law should be interpreted by Malaysians.

"It does not understand that Malaysia is an independent country and that the best solution is here within the country .... and it is in the ballot box, said Nga who quoted then Raja Azlan Shah (Sultan Azlan Shah now) as saying: ‘Those who find fault with the wisdom of the Act… normally must address themselves to the legislature… they have their remedy at the ballot box."

Nga said the PR government under MB Datuk Seri Mohd Nizar Jamaluddin is confident that there are enough Commonwealth and local case laws which will vindicate the action of the PR to protect and defend the rights of Perakians under the doctrine of constitutional supremacy.
"It is shameful to go back to Ye olde England for help when the answer is at our doorstep," he said.

On Sunday, Mohd Nizar had announced that the PR is planning to move a motion of no confidence against the BN government and a motion to dissolve the assembly in the coming assembly meeting. (TheSun)

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DrM mocks BN over Perak Deadlock

KUALA LUMPUR, – Tun Dr Mahathir Mohamad has ridiculed Umno president Datuk Seri Abdullah Badawi for asking Datuk Zambry Abdul Kadir to lodge a police report against the Perak State Assembly Speaker.

Writing in his popular chedet.cc blog, he said that while it was possible for the Speaker to commit a crime, “the suspension of any assemblyman is not a crime which the police can take action against.”

Known for his acerbic criticism, the former prime minister has been a thorn in Abdullah’s side in recent years.

But in previous remarks, he has also expressed his disapproval over Barisan’s move to court the defections of the two former PKR Perak assemblymen – Osman Jailu and Jamaludin Mohd Radzi.

The resignation from PKR of the two men and their backing for Barisan Nasional (BN) sparked the downfall of the Pakatan Rakyat (PR) Perak government but it has also drawn criticism because the two men are facing graft charges in court.

In his latest blog post, Dr Mahathir poured scorn on Abdullah’s suggestion for Zambry to lodge a police report against Speaker V Sivakumar over the suspension of the Perak MB and his entire state executive council.

“If the decision of the Speaker can be considered a crime, then what will happen when the Parliamentary Speaker suspends opposition members for whatever reasons?

“And this happens frequently. Will opposition members lodge police reports? If they can, then can we consider the police to have powers over the Parliamentary Speaker?”

The former PM also commented on Zambry’s statement that he would attend the state assembly sitting despite the suspension.

He said that under the legislature’s standing orders, the Speaker can direct officers of the assembly to remove Zambry.

“Also, where will Zambry sit? What if Datuk Seri Nizar Jamaluddin sits in the mentri besar’s chair? Will the Speaker ask his officers to force Nizar to vacate the chair?

“Let us all as citizens watch what happens next.” (TMI)

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Zambri sworn in as new Perak Menteri Besar

KUALA KANGSAR, — Datuk Dr Zambry Abdul Kadir was sworn-in as the new Perak menteri besar by Sultan Azlan Shah today, soon after police fired tear gas and charged at more than 5,000 Pakatan Rakyat supporters outside Istana Iskandariah here.

There was little joy on the streets of this royal town after riot police broke up the large crowd of protesters marching towards the palace across the Perak River after Friday prayers to show their support for Datuk Seri Nizar Jamaluddin, the man whom they feel is still the legitimate menteri besar.

Riot police charged at the crowd and at one point a pitched battle was being fought between the two sides.

The police fired round after round of tear gas, injuring scores including a 10-year-old boy who fainted, as a convoy of vehicles carrying Barisan Nasional leaders, including Umno deputy president Datuk Seri Najib Razak, was trying to enter the palace grounds.

Many in the crowd have now dispersed all over the picturesque Bukit Chandan, where the palace and Ubudiah mosque are located in this royal town, after riot police continued charging at them for half an hour.

The situation remains tense outside the palace as several hundred protesters remain. Many others are still inside the mosque.
An unidentified state Pas representative has now joined police in asking the crowd to disperse.

The crowd had earlier joined Nizar for prayers at the Ubudiah mosque while preparations were ongoing for the swearing in of Zambry.

There was a standoff between riot police and supporters amid chants of "Reformasi" and "Allahuakbar". After failing to heed orders to disperse, police charged the crowd, some of whom ran back to the mosque to seek refuge. Some protestors were seen throwing bottles and other objects at the police.

In an immediate reaction, Perak DAP leader Ngeh Koo Ham said: "I'm very sad that the legitimate, peaceful demonstration in a democratic country was met with force.

"If the expression was peaceful, it should be allowed. It will be more dangerous if they go underground.”

Earlier today Pakatan Rakyat continued its futile bid to overturn the decision of Sultan Azlan Shah.

State Assembly Speaker V. Sivakumar said he would be writing to the Ruler by 3pm to ask for an emergency sitting of the state legislature, and for a postponement of the swearing-in ceremony.

This morning, Nizar was escorted out of his office by Ipoh OCPD Azisman Alias, while other Pakatan Rakyat state executive councillors were also asked to leave their offices, as the state's political impasse continued to take a turn for the worse in what is now a major constitutional crisis.

Nizar was also stopped from giving a press conference in the state secretariat building.

Earlier Nizar arrived at 9.50am in his official car.

"I feel good today. I am going to my office."

Datuk Ngeh Koo Ham was also here. They were allowed into the compound, which was being guarded by hundreds of policemen, while awaiting the swearing-in of Zambry.

It is understood the Pakatan Rakyat government plans to file a legal suit to challenge the legitimacy of a BN government, which they said is a result of a coup orchestrated by Najib.

State executive councillor Nga Kor Ming, who was yesterday asked to resign together with the Menteri Besar, also declared that the new Barisan Nasional government would not last.

"The Menteri Besar Datuk Seri Nizar Jamaluddin has not resigned," Nga told reporters, saying that the Pakatan Rakyat alliance would not recognise the new state government.

He begged Sultan Azlan Shah to reconsider the decision not to dissolve the state assembly.

Nga said the status of the PR administration can only be determined by the assembly after the question on the resignation by the three assemblymen has been solved by the courts.

"That was a very uncivilised, ridiculous way of handling the matter. We have been illegally removed from our office," said Nga, describing the manner in which they were chased out of the state secretariat.

Nga hinted that PR could retake the state soon and did not rule the possibility of BN lawmakers defecting to the alliance.

"I don't rule out the possibility. Let them be happy now, but they will regret very soon," said Nga.

Nizar is expected to boycott the official swearing-in ceremony at the palace in Kuala Kangsar.

Instead, he will be attending special prayers at the Ubudiah mosque, next to the palace. The public has also been invited to attend the prayers.

Nizar refused to resign yesterday when asked to do so by the Sultan, sparking the state's biggest ever political crisis.

But the BN takeover of the state is already a fait accompli, as Zambry is set to be sworn in today as the new MB.

Yesterday, Sultan Azlan Shah announced his refusal to give his consent for the dissolution of the Perak state assembly, and asked Nizar to resign.

As Nizar refused to resign, the post was declared vacant, although some constitutional experts say the proper and legal way for Nizar to be removed would have been through a vote of no confidence in the state assembly.

There are also conflicting views as to whether a Sultan, by convention, has any right to dismiss an MB, or the Yang di-Pertuan Agong a prime minister.

Nonetheless yesterday's decision has paved the way for BN to form the next state government.

The office of the Sultan of Perak, in a statement, said that after meeting all the 28 BN assemblymen and the three independents, the Sultan was convinced that Nizar had ceased to command the confidence of the majority of the state assembly members.

"If YAB Datuk Seri Ir Mohammad Nizar bin Jamaluddin does not resign his post as Perak menteri besar together with the members of the state executive council, the posts of menteri besar and state executive councillors are considered vacant," the statement said.

Before thousands of supporters last night, Nizar pledged "to fight to his last drop of blood" to defend the legitimacy of his government. (TMI)

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