'Sultan was right not to dissolve Perak assembly'
PUTRAJAYA: Sultan Azlan Shah was right in not dissolving the Perak State Legislative Assembly in February because it was barely one year old, Court of Appeal Judge Datuk Md Raus Sharif said.
In his 49-page judgement dated June 2 released Friday, Justice Raus said that in order for a dissolution of the assembly to take effect under Article 36(2) of the Perak State Constitution as requested by the then Mentri Besar Datuk Seri Mohammad Nizar Jamaluddin, the assembly must be in the conclusion of the five-year term when a general election was contemplated.
"It was well-known fact that the general election had been held barely one year ago," he said, adding that Nizar had applied the wrong provision when requesting for the dissolution of the assembly.
(What an idiotic comment)
He said Article 36 of the Perak Constitution was only a general provision empowering the Sultan to prorogue or dissolve the assembly after the conclusion of the five-year term.
Nizar should have instead requested for dissolution of the assembly under Article 16(6) which states that if the mentri besar loses the confidence of the majority of the members of the assembly, then, unless at his request of the Sultan, dissolves the assembly, he shall tender the resignation of the Executive Council.
Raus also said that the question of Perak having two mentri besar did not arise because Article 16(6) demands that once the mentri besar was made to know that he had lost the confidence of the majority of the members of the assembly, he should take the honourable way out by tendering his resignation.
"If the mentri besar refuses or does not tender his resignation and the resignation of the Executive Council, as had happened in this case, the fact remains that the Executive Council is dissolved (which includes the mentri besar) on account of the mentri besar losing the confidence of the majority of the members of the legislative assembly," he said.
Therefore, it was unnecessary for the Sultan to remove Nizar and the other members of the Executive Council, he said.
He said Datuk Seri Dr Zambry Abdul Kadir's appointment as the mentri besar to succeed Nizar was made according to the Perak Constitution and established democratic practice and convention.
"The Sultan of Perak in exercise of his royal prerogative under Article 16(2) of the Perak State Constitution is at liberty to appoint another mentri besar to replace Nizar," he said.
Raus said the Sultan, however, must appoint someone who has the command and the confidence of the majority of the members of the assembly and in this case, there was no doubt that Zambry had the majority support of 31 members out of 59 members of the assembly.
"The circumstances in the present case clearly shows that on Feb 5, Nizar no longer had the confidence of the majority of members of the assembly. There were signed letters from 31 members pledging support to Barisan Nasional which were presented to the Sultan," he said.
He also said Article 16(6) did not express mandatory requirement that there must be a motion of no confidence passed by the assembly against a mentri besar before he ceases to command the confidence of the majority of the members.
"The fact that a mentri besar ceases to command the confidence of the majority of the members of the assembly can be established by other means. It cannot solely be confined to the vote taken in the assembly," he said.
Meanwhile, Justice Ahmad Maarop who presided over the case with with Raus and Datuk Zainun Ali said Nizar must tender his resignation once he lost the confidence of the majority of the members of the assembly and when Sultan refused his request to dissolve the assembly.
"His refusal to tender his resignation and the resignation of the Executive Council was not merely a breach of convention and undemocratic but more importantly, it contravened the clear mandatory constitutional command under Article 16(6) of the Perak Constitution and, therefore, unconstitutional.
"Thus, since he had ceased to command the confidence of the majority of the members of the assembly, it is implicit that on his refusal to tender the resignation, the Executive Council is thereby dissolved and the office of the menteri besar vacated."
Ahmad said he was also of the view that the Sultan's power to dismiss the mentri besar was implicit in the event the mentri besar refused to resign although he has ceased to command the confidence of the majority and the Sultan withholds his request to dissolve the assembly.
"In my judgment, the situation confronting His Royal Highness in the state of Perak was one such situation, and His Royal Highness had, in that critical situation rightly exercised his constitutional powers provided under the State Constitution, which exercise was without any doubt, solely for the best interest of the people of Perak," he said.
Datuk Zainun Ali's judgement is expected to be released on Monday.
The three Court of Appeal judges had on May 22 ruled that Zambry was the legitimate mentri besar of Perak, reversing an earlier High Court decision in Nizar's favour.
The Federal Court is to hear Nizar's application for leave to appeal on July 9 and 10.
Nizar, 52, was appointed Perak mentri besar on March 17 last year after the DAP-Parti Keadilan Rakyat-Pas alliance won 31 seats in the state assembly in 12th general election.
Less than a year later, they lost three members who declared themselves independent and lent support to Barisan Nasional that then had 28 seats in the assembly after a representative who had jumped ship earlier made an about turn.
Sultan Azlan Shah then asked Nizar to step down and swore in Zambry after finding that Barisan Nasional had the majority in the state assembly.
Following this, Nizar initiated the legal action to seek a declaration he is the rightful menteri besar and an injunction to bar Zambry from discharging his duties. - Bernama
Friday, June 26, 2009
Wednesday, November 5, 2008
Martin Jalleh on the new Chief Justice
Thursday, November 6, 2008
Martin Jalleh on the new Chief Justice
“Imagine having two Umno men at the top of the judicial hierarchy, one as AG and the other as CJ. You will be able to literally get away with murder." - Raja Petra Kamarudin
Of Pretentious Promises, Parachuting Promotions & Pressured Praise
By Martin Jalleh | 5 Nov 2008
The Palace of Justice has a new “prince” – Zaki Tun Azmi. He was promptly sworn in as Chief Justice (CJ) soon after the Conference of Rulers went through the procedural motions and provided consent to his extraordinary elevation.
His Lordship had leap-frogged from the legal profession into the Federal Court last September. Two months later he was proclaimed Court of Appeal (CoA) president. Now (almost a year later) he is proudly perched on the highest post in the judiciary.
Zaki’s political “parachuting” has no precedent. But be not perturbed. Did not the PM promise (especially after his party had quickened his passage into the sunset) that he would produce profound changes in the judiciary?
Indeed, before he packs his bags and participates fully in Umno's early retirement plan for him, Pak Lak would prove to the whole of Bolehland that he still has the penchant to produce the very opposite of what he initially promises.
In April this year, at a Malaysian Bar Council dinner where he paid tribute to former Lord President Salleh Abas and four former Supreme Court judges all of whom were sacked in 1988 by Dr M, Pak Lah had promised the setting up of a Judicial Appointments Commission to help the PM choose judges.
Pak Lah had also very proudly declared then that such a step was to “renew the people’s trust in the judiciary” and to “make the process of nominating, appointing and promoting judges more transparent and representative.”
In his perfect closing the PM pleaded poignantly, pointedly and so passionately: “Let us move on... The rakyat wants movement and progress, not continuing strife... Let us write this proud and new chapter together!”
About five months later, the PM picked and plucked out an Umno lawyer from the Bar, parked and planted him in the Court of Appeal for a while, so as to place him at the pinnacle of the judiciary at the opportune time!
The PM’s preference of the most junior judge in the Federal Court to take the place of the outgoing CJ implied that it was the government’s perception that there were no senior serving Federal Court judges qualified for or worthy of the job.
It also implied that the government had practically no confidence in the judiciary…and ironically in itself! What a proud new chapter! In fact, Pak Lah was writing a whole new book by himself – on how to catapult a lawyer into the CJ’s chair.
The PM who had made plenty of pious pronouncements on collaboration, consultation and commitment towards what he had called a “judicial renaissance”, looked very pleased when his controversial candidate received his papers from the King to be crowned the new CJ.
At the opening of the 21st LawAsia conference in Kuala Lumpur recently, Pak Lah presented Zaki as "a man who likes reforms" – just like the PM himself – who loves to talk and take the rakyat for a ride on reforms?
Predicted
Many had predicted Zaki’s promotion to CJ. When the latter was made CoA president, Lim Kit Siang (who was then the opposition leader in parliament) called the appointment “a prelude” to Zaki becoming “Umno's Chief Justice.”
Activist lawyer Haris Ibrahim (left) who runs the popular The People's Parliament blog had sent two petitions to the King, the latest containing 25,700 signatures urging His Majesty to appoint the seniormost judge of the Federal Court to the position of CJ.
Pakatan Rakyat had also sent a memorandum urging the King to defer the appointment of the CJ and to consider public opinion. Aliran was “shocked that a person who is so junior in rank with nothing outstanding about him should now outrank all the senior, serving judges...”
Can anyone be more accurate than [political blogger] Raja Petra (left)?:
“Imagine having two Umno men at the top of the judicial hierarchy, one as AG and the other as CJ. You will be able to literally get away with murder (as if they are not already getting away with it).”
Writing before Zaki’s amazing ascent, Kim Quek, a well-known political commentator, had described Zaki as “the person planted to the highest court to succeed Fairuz.” He listed the reasons why Zaki would be “a poor candidate for any judicial appointment.”
Zaki was a key player in Umno. He was chairman of the party’s election committee, deputy chairman of its disciplinary board of appeal, party legal advisor, etc. As Umno’s legal man, he was involved with “the party’s myriad scandalous financial misadventures that were bailed out by the government (of Dr M)."
“Apart from acting as Umno’s nominee, Zaki also has held directorships in scores of major companies. Even if he has the superhuman capability to totally severe his umbilical cord to the ruling party and his commercial interests to eliminate conflict of interests, there is still the insurmountable problem of public perception.”
Kim Quek had also questioned Zaki’s “moral integrity arising from his controversial marriage and divorce from his second wife Nor Hayati Yahaya,” who was half his age and whom he married in a ceremony conducted by a kadi from Thailand in a textile shop in Perlis in March 2005.
“They separated three months later. In the messy divorce that ensued, it was revealed that Zaki burned the original marriage certificate to hide the marriage from his first wife. Further, the marriage was ruled by the Syarah court as illegal.
“Following the revelation of Zaki’s marital troubles, he resigned as deputy chairman of Umno’s disciplinary board, for which he told the press: ‘Considering that members of the disciplinary board are of the highest integrity, I have made this decision following reports in the media...’”
“The question we must ask now is: If Zaki is morally unfit to serve in Umno’s disciplinary board, how could he be considered morally fit to be a federal court judge, not to mention his lightning elevation to the No. 2 position, and anticipated imminent rise to the top job in the judiciary?” Kim Quek quipped.
“Is this country so poor in legal talent and integrity that we have no choice but to appoint someone so glaringly unsuited for such an important judicial position arising from his multiple conflicts of interests and questionable integrity?” Kim Quek quizzled.
(In an attempt to placate the growing protests in parliament against the parachuting of Zaki, Minister in the PM’s Department Nazri Aziz (left) portrayed Zaki as “a straight fellow” and that the “only reason we roped him in was due to his past performance and his character”! Nazri was at his very naïve best!)
As it turned out, the PM chose to ignore the very pointed issues and pertinent questions that Kim Quek and the public had posed regarding Zaki’s then imminent ascension to the apex court. There were no consultations with the “primary stakeholders” – in spite of Pak Lah’s promise in April.
Pleasantries
The public pooh-poohed Pak Lah’s preference of Zaki as the new CJ. Lim Kit Siang (left) described it as “the most controversial appointment of the head of the judiciary in the nation’s 51-year history.” Din Merican, an Anwar Ibrahim aide, called it a “retrogressive move” in the PM’s reform agenda.
After the swearing-in ceremony of the new CJ, and hard-pressed by the press, a rather resigned Bar Council president Ambiga Sreenevasan (below, right) extended the pleasantry that “Zaki must be given a chance to prove he can bring about the much-needed change to the judiciary system.”
“There had been concerns in relation to Zaki’s political affiliations and business connections (and) these concerns can only be dispelled by him through the conduct of his duties and by a demonstration of independence and impartiality at all times,” Ambiga added amiably.
Alas, in Bolehland many things function on the reverse. What had in fact to be proven by the Government was whether Zaki was "worthy" or qualified in every way, to occupy the CJ’s chair. And such proof had to be provided – PRIOR to the appointment, and not after.
The search for the "right man" for high office begins with a process of discernment to ascertain, as far as possible, whether he fits the criteria of the job – and this is done prior to making a final decision. Further, the CJ’s Office being a public office, the public has the right to know and critique the proposed candidate.
Ambiga’s implied request, therefore, that the office of the CJ is an "opportunity" for Zaki to prove himself does not make any sense at all. It is like "putting the cart before the donkey (horse)." (But then again very little makes sense in Bolehland these days!)
Pretense
The NST had for its headline on Zaki’s maiden speech at the Palace of Justice: "Zaki shows he means business." Perhaps it would be more accurate if it had been: "Zaki says he means business."
According to The Star, Zaki had “vowed to get tough on errant judges,” whom he said formed a small group and of whom he accused of besmirching the image and reputation of the judiciary.
“Such errant judges should consider leaving the judiciary. I will not hesitate to take tough and drastic action against this small group (of judges) if the occasion calls for it. And for those in the practice of toadying (currying favour), I say ‘stop it’,” Zaki added more zing into his warning.
Ambiga, who attended the ceremony, praised Zaki for having delivered a “hard-hitting” speech (Malaysiakini): “I think it was a no-nonsense and tough speech... He is off to a good start with that speech.”
It was more humdrum than hard-hitting. Zaki’s mundane maiden pronouncements were in fact practically the same as that made by one of his predecessors – Ahmad Fairuz Sheikh Abdul Halim (left), who had said that “judges should resign if they cannot lead a judge's life.”
Sadly, the tenure of Fairuz was “full of sound and fury, signifying nothing.” It ended as a flop, a farce and a fiasco. The verdict of the Royal Commission of Inquiry on the Lingam tape scandal reduced his appointment as CJ to a first-class joke. Will Zaki Tun Azmi meet with the same fate?
Will our nation be “cox-zakied” (coxsackie is a hand, foot and mouth disease) by a tough-talking Chief Justice? Will we see real, rapid and radical changes in the judiciary or will we be regularly reassured by the CJ’s reiterated rhetoric accompanied by a rudderless leadership?
Will the PM stop the Umno warlords from pulling the strings as he plays their puppet, preaching judicial reform but practising the very opposite? Will the judiciary – the very "portal of justice" – continue to be a playground of political expediency where the-powers-that-be persecute their foes by a perversion of the rule of law?
Business executives in Asia make no pretence about their worsening perception of Bolehland’s judiciary – as revealed recently by a Hong-Kong based Political and Economic Risks Consultancy. Local lawyers in a Transparency International Malaysia interview shared the same or even greater corroding perception. Genuine change is crucial.
Time is not on Pak Lah’s side. What kind of legacy will he leave behind in terms of the judiciary? Will he be remembered for his pretentious resolve for judicial reform or will he be respected as a courageous and committed PM who translated into reality his talk given in April this year: Delivering Justice, Renewing Trust (in the Judiciary)?
Martin Jalleh on the new Chief Justice
“Imagine having two Umno men at the top of the judicial hierarchy, one as AG and the other as CJ. You will be able to literally get away with murder." - Raja Petra Kamarudin
Of Pretentious Promises, Parachuting Promotions & Pressured Praise
By Martin Jalleh | 5 Nov 2008
The Palace of Justice has a new “prince” – Zaki Tun Azmi. He was promptly sworn in as Chief Justice (CJ) soon after the Conference of Rulers went through the procedural motions and provided consent to his extraordinary elevation.
His Lordship had leap-frogged from the legal profession into the Federal Court last September. Two months later he was proclaimed Court of Appeal (CoA) president. Now (almost a year later) he is proudly perched on the highest post in the judiciary.
Zaki’s political “parachuting” has no precedent. But be not perturbed. Did not the PM promise (especially after his party had quickened his passage into the sunset) that he would produce profound changes in the judiciary?
Indeed, before he packs his bags and participates fully in Umno's early retirement plan for him, Pak Lak would prove to the whole of Bolehland that he still has the penchant to produce the very opposite of what he initially promises.
In April this year, at a Malaysian Bar Council dinner where he paid tribute to former Lord President Salleh Abas and four former Supreme Court judges all of whom were sacked in 1988 by Dr M, Pak Lah had promised the setting up of a Judicial Appointments Commission to help the PM choose judges.
Pak Lah had also very proudly declared then that such a step was to “renew the people’s trust in the judiciary” and to “make the process of nominating, appointing and promoting judges more transparent and representative.”
In his perfect closing the PM pleaded poignantly, pointedly and so passionately: “Let us move on... The rakyat wants movement and progress, not continuing strife... Let us write this proud and new chapter together!”
About five months later, the PM picked and plucked out an Umno lawyer from the Bar, parked and planted him in the Court of Appeal for a while, so as to place him at the pinnacle of the judiciary at the opportune time!
The PM’s preference of the most junior judge in the Federal Court to take the place of the outgoing CJ implied that it was the government’s perception that there were no senior serving Federal Court judges qualified for or worthy of the job.
It also implied that the government had practically no confidence in the judiciary…and ironically in itself! What a proud new chapter! In fact, Pak Lah was writing a whole new book by himself – on how to catapult a lawyer into the CJ’s chair.
The PM who had made plenty of pious pronouncements on collaboration, consultation and commitment towards what he had called a “judicial renaissance”, looked very pleased when his controversial candidate received his papers from the King to be crowned the new CJ.
At the opening of the 21st LawAsia conference in Kuala Lumpur recently, Pak Lah presented Zaki as "a man who likes reforms" – just like the PM himself – who loves to talk and take the rakyat for a ride on reforms?
Predicted
Many had predicted Zaki’s promotion to CJ. When the latter was made CoA president, Lim Kit Siang (who was then the opposition leader in parliament) called the appointment “a prelude” to Zaki becoming “Umno's Chief Justice.”
Activist lawyer Haris Ibrahim (left) who runs the popular The People's Parliament blog had sent two petitions to the King, the latest containing 25,700 signatures urging His Majesty to appoint the seniormost judge of the Federal Court to the position of CJ.
Pakatan Rakyat had also sent a memorandum urging the King to defer the appointment of the CJ and to consider public opinion. Aliran was “shocked that a person who is so junior in rank with nothing outstanding about him should now outrank all the senior, serving judges...”
Can anyone be more accurate than [political blogger] Raja Petra (left)?:
“Imagine having two Umno men at the top of the judicial hierarchy, one as AG and the other as CJ. You will be able to literally get away with murder (as if they are not already getting away with it).”
Writing before Zaki’s amazing ascent, Kim Quek, a well-known political commentator, had described Zaki as “the person planted to the highest court to succeed Fairuz.” He listed the reasons why Zaki would be “a poor candidate for any judicial appointment.”
Zaki was a key player in Umno. He was chairman of the party’s election committee, deputy chairman of its disciplinary board of appeal, party legal advisor, etc. As Umno’s legal man, he was involved with “the party’s myriad scandalous financial misadventures that were bailed out by the government (of Dr M)."
“Apart from acting as Umno’s nominee, Zaki also has held directorships in scores of major companies. Even if he has the superhuman capability to totally severe his umbilical cord to the ruling party and his commercial interests to eliminate conflict of interests, there is still the insurmountable problem of public perception.”
Kim Quek had also questioned Zaki’s “moral integrity arising from his controversial marriage and divorce from his second wife Nor Hayati Yahaya,” who was half his age and whom he married in a ceremony conducted by a kadi from Thailand in a textile shop in Perlis in March 2005.
“They separated three months later. In the messy divorce that ensued, it was revealed that Zaki burned the original marriage certificate to hide the marriage from his first wife. Further, the marriage was ruled by the Syarah court as illegal.
“Following the revelation of Zaki’s marital troubles, he resigned as deputy chairman of Umno’s disciplinary board, for which he told the press: ‘Considering that members of the disciplinary board are of the highest integrity, I have made this decision following reports in the media...’”
“The question we must ask now is: If Zaki is morally unfit to serve in Umno’s disciplinary board, how could he be considered morally fit to be a federal court judge, not to mention his lightning elevation to the No. 2 position, and anticipated imminent rise to the top job in the judiciary?” Kim Quek quipped.
“Is this country so poor in legal talent and integrity that we have no choice but to appoint someone so glaringly unsuited for such an important judicial position arising from his multiple conflicts of interests and questionable integrity?” Kim Quek quizzled.
(In an attempt to placate the growing protests in parliament against the parachuting of Zaki, Minister in the PM’s Department Nazri Aziz (left) portrayed Zaki as “a straight fellow” and that the “only reason we roped him in was due to his past performance and his character”! Nazri was at his very naïve best!)
As it turned out, the PM chose to ignore the very pointed issues and pertinent questions that Kim Quek and the public had posed regarding Zaki’s then imminent ascension to the apex court. There were no consultations with the “primary stakeholders” – in spite of Pak Lah’s promise in April.
Pleasantries
The public pooh-poohed Pak Lah’s preference of Zaki as the new CJ. Lim Kit Siang (left) described it as “the most controversial appointment of the head of the judiciary in the nation’s 51-year history.” Din Merican, an Anwar Ibrahim aide, called it a “retrogressive move” in the PM’s reform agenda.
After the swearing-in ceremony of the new CJ, and hard-pressed by the press, a rather resigned Bar Council president Ambiga Sreenevasan (below, right) extended the pleasantry that “Zaki must be given a chance to prove he can bring about the much-needed change to the judiciary system.”
“There had been concerns in relation to Zaki’s political affiliations and business connections (and) these concerns can only be dispelled by him through the conduct of his duties and by a demonstration of independence and impartiality at all times,” Ambiga added amiably.
Alas, in Bolehland many things function on the reverse. What had in fact to be proven by the Government was whether Zaki was "worthy" or qualified in every way, to occupy the CJ’s chair. And such proof had to be provided – PRIOR to the appointment, and not after.
The search for the "right man" for high office begins with a process of discernment to ascertain, as far as possible, whether he fits the criteria of the job – and this is done prior to making a final decision. Further, the CJ’s Office being a public office, the public has the right to know and critique the proposed candidate.
Ambiga’s implied request, therefore, that the office of the CJ is an "opportunity" for Zaki to prove himself does not make any sense at all. It is like "putting the cart before the donkey (horse)." (But then again very little makes sense in Bolehland these days!)
Pretense
The NST had for its headline on Zaki’s maiden speech at the Palace of Justice: "Zaki shows he means business." Perhaps it would be more accurate if it had been: "Zaki says he means business."
According to The Star, Zaki had “vowed to get tough on errant judges,” whom he said formed a small group and of whom he accused of besmirching the image and reputation of the judiciary.
“Such errant judges should consider leaving the judiciary. I will not hesitate to take tough and drastic action against this small group (of judges) if the occasion calls for it. And for those in the practice of toadying (currying favour), I say ‘stop it’,” Zaki added more zing into his warning.
Ambiga, who attended the ceremony, praised Zaki for having delivered a “hard-hitting” speech (Malaysiakini): “I think it was a no-nonsense and tough speech... He is off to a good start with that speech.”
It was more humdrum than hard-hitting. Zaki’s mundane maiden pronouncements were in fact practically the same as that made by one of his predecessors – Ahmad Fairuz Sheikh Abdul Halim (left), who had said that “judges should resign if they cannot lead a judge's life.”
Sadly, the tenure of Fairuz was “full of sound and fury, signifying nothing.” It ended as a flop, a farce and a fiasco. The verdict of the Royal Commission of Inquiry on the Lingam tape scandal reduced his appointment as CJ to a first-class joke. Will Zaki Tun Azmi meet with the same fate?
Will our nation be “cox-zakied” (coxsackie is a hand, foot and mouth disease) by a tough-talking Chief Justice? Will we see real, rapid and radical changes in the judiciary or will we be regularly reassured by the CJ’s reiterated rhetoric accompanied by a rudderless leadership?
Will the PM stop the Umno warlords from pulling the strings as he plays their puppet, preaching judicial reform but practising the very opposite? Will the judiciary – the very "portal of justice" – continue to be a playground of political expediency where the-powers-that-be persecute their foes by a perversion of the rule of law?
Business executives in Asia make no pretence about their worsening perception of Bolehland’s judiciary – as revealed recently by a Hong-Kong based Political and Economic Risks Consultancy. Local lawyers in a Transparency International Malaysia interview shared the same or even greater corroding perception. Genuine change is crucial.
Time is not on Pak Lah’s side. What kind of legacy will he leave behind in terms of the judiciary? Will he be remembered for his pretentious resolve for judicial reform or will he be respected as a courageous and committed PM who translated into reality his talk given in April this year: Delivering Justice, Renewing Trust (in the Judiciary)?
Wednesday, October 29, 2008
Lingam Judges in action
Liwat: Rayuan Dr Munawar ditolak
Oct 30, 08 11:23am
Mahkamah Persekutuan menolak rayuan Dr Munawar Ahmad Anees berhubung kesnya diliwat Datuk Seri Anwar Ibrahim, 10 tahun lalu.
Panel tiga hakim diketuai oleh Ketua Hakim Negara, Tan Sri Zaki Tun Azmi menolak permohonan peguam pengarang itu Manjeet Singh Dhillon agar mahkamah menggunakan bidang kuasa semakan mengembalikan rayuan Munawar ke Mahkamah Tinggi.
Beliau yang bersidang bersama hakim-hakim Datuk Nik Hashim Nik Ab. Rahman dan Datuk Zulkefli Ahmad Makinudin menjelaskan, alasan penghakiman tersebut akan diberikan kemudian.
Manjeet memohon mahkamah tertinggi itu mengetepikan keputusan Mahkamah Rayuan berhubung penolakan rayuan Dr Munawar di Mahkamah Tinggi.
Peguam itu berhujah bahawa hakim Mahkamah Tinggi, Ahmad Maarop telah menolak rayuan Dr Munawar tanpa mendengar merit kes tersebut dan Mahkamah Rayuan pula menolak rayuannya tanpa memberikan sebarang alasan.
Dr Munawar, bekas penulis ucapan Anwar, dipenjarakan selama enam bulan pada 1998 selepas mengaku bersalah membiarkan mantan timbalan perdana menteri itu meliwatnya.
(Selepas dibebaskan dan kemudian tinggal di Amerika Syarikat, pengarang itu bagaimanapun menyatakan beliau didera dan dipaksa membuat pengakuan tersebut.)
Oct 30, 08 11:23am
Mahkamah Persekutuan menolak rayuan Dr Munawar Ahmad Anees berhubung kesnya diliwat Datuk Seri Anwar Ibrahim, 10 tahun lalu.
Panel tiga hakim diketuai oleh Ketua Hakim Negara, Tan Sri Zaki Tun Azmi menolak permohonan peguam pengarang itu Manjeet Singh Dhillon agar mahkamah menggunakan bidang kuasa semakan mengembalikan rayuan Munawar ke Mahkamah Tinggi.
Beliau yang bersidang bersama hakim-hakim Datuk Nik Hashim Nik Ab. Rahman dan Datuk Zulkefli Ahmad Makinudin menjelaskan, alasan penghakiman tersebut akan diberikan kemudian.
Manjeet memohon mahkamah tertinggi itu mengetepikan keputusan Mahkamah Rayuan berhubung penolakan rayuan Dr Munawar di Mahkamah Tinggi.
Peguam itu berhujah bahawa hakim Mahkamah Tinggi, Ahmad Maarop telah menolak rayuan Dr Munawar tanpa mendengar merit kes tersebut dan Mahkamah Rayuan pula menolak rayuannya tanpa memberikan sebarang alasan.
Dr Munawar, bekas penulis ucapan Anwar, dipenjarakan selama enam bulan pada 1998 selepas mengaku bersalah membiarkan mantan timbalan perdana menteri itu meliwatnya.
(Selepas dibebaskan dan kemudian tinggal di Amerika Syarikat, pengarang itu bagaimanapun menyatakan beliau didera dan dipaksa membuat pengakuan tersebut.)
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