Live – Perak MB judgment; Anwar trial Continue

11:32
Anil:
Edmund: (note this post may contain mistakes as it is paraphrased. Full judgment will be posted soon and this post will be removed by the end of the day)

1109 no order as to costs by consent. Question 1 answered in affirmative, question 2 answered that extraneous means possible, question 3 if mb doesn’t resign, post can be deemed vacant. However all is not lost, nizar still able to move a no confidence motion in housev zambry or make rep to sultan that zambry no longer commands majority.

1105: word “shall” is mandatory so if nizar’s request to dissolve was refused, nizar must resign. If nizar doesn’t resign, nizar went v 16(6) and sultan can remove. Appeal dismissed

11:27
Twitter
insider_latest:
PERAK - BN crowd being pushed further back by police fearing reaction from Pakatan supporters' constant shouts.

11:25
Twitter
mkinilive_en:
Perak senior exco Hamidah Osman: "I am grateful and hope this decision will be accepted by all"

11:19
Twitter
insider_latest:
PERAK - Pakatan supporters vent their anger, calling Zambry a coward.
Tuesday February 9, 2010 11:19 insider_latest

11:18
Twitter
insider_latest:
PERAK - BN supporters now reciting Rukun Negera outside Palace of Justice.
Tuesday February 9, 2010 11:18 insider_latest

11:18
Twitter
mkinilive_en:
BN supporters cheer when their leaders leave the Federal Court. Pakatan supporters retort with chants of "Tipu", "Rasuah" and "Bubar DUN".
Tuesday February 9, 2010 11:18 mkinilive_en

11:17
Twitter
insider_latest:
PERAK - Federal Court decision in Nizar's appeal was unanimous, 5-0.
Tuesday February 9, 2010 11:17 insider_latest

11:16
Twitter
mkinilive_en:
Justice Arifin is the sole judge to deliver a judgment. Counsel Leong Cheok Keng said his client Nizar would not seek a review
Tuesday February 9, 2010 11:16 mkinilive_en

11:16
Twitter
insider_latest:
PERAK - Shouting match ensues outside Palace of Justice as opposing sides try to drown out each other.
Tuesday February 9, 2010 11:16 insider_latest

11:15
Twitter
insider_latest:
PERAK - BN supporters praying while Pakatan supporters chant "Reformasi" outside Palace of Justice.
Tuesday February 9, 2010 11:15 insider_latest

11:13
Twitter
insider_latest:
PERAK - BN supporters cheer as Zambry's lawyers leave Palace of Justice.
Tuesday February 9, 2010 11:13 insider_latest

11:12
Twitter
mkinilive_bm:
Rayuan Nizar ditolak sebulat suara oleh Mahkamah Persekutuan dan memutuskan Datuk Seri Zambry adalah Menteri Besar yang sah.
Tuesday February 9, 2010 11:12 mkinilive_bm

11:12
Anil:
Edmund: Court rules affirmative to question 1 n no need house vote to question 2 meaning sultans action to deem nizar’s post vacant is valid. For question 3, court agrees that sultan may remove MB n appoint new MB who commands confidence of majority of members.
Tuesday February 9, 2010 11:12 Anil

11:11
Twitter
mkinilive_en:
Federal Court rules unanimously to dismiss Nizar's appeal and declares Zambry is the legitimate MB.
Tuesday February 9, 2010 11:11 mkinilive_en

11:11
Twitter
insider_latest:
PERAK - Nizar's appeal dismissed. No cost ordered by consent of counsels out of public interest.
Tuesday February 9, 2010 11:11 insider_latest

11:11
Twitter
limkitsiang:
Black day for justice 5 - 0 against nizar
Tuesday February 9, 2010 11:11 limkitsiang

11:11
Anil:
Edmund: Goes in depth of Amir Kahar, n says Ningkan is distinguishable. Quotes Raja Azlan Shah in Loh Kooi Choon to say that our constitution must be read without reference to other constitutions. See also KWK. Agree with Raus that it will lead to absurdity if under 16(6) one may only establish loss of confidence after votein house. Extraneous evidence is accepted following kadir Sulaiman in Amir Kahar eg concession by MB, resignation etc
Tuesday February 9, 2010 11:11 Anil

11:10
Anil:
There you go, folks. Can't say I am too surprised.
Tuesday February 9, 2010 11:10 Anil

11:08
Twitter
limkitsiang:
Nizar's appeal dismissed
Tuesday February 9, 2010 11:08 limkitsiang

11:08
Twitter
tianchua:
Federal Court 3:2...
Tuesday February 9, 2010 11:08 tianchua

11:07
Twitter
insider_latest:
PERAK - Federal Court says - "In the present case, there is no doubt that Zambry has the support of 31 out of 59 members of the assembly."
Tuesday February 9, 2010 11:07 insider_latest

11:04
Twitter
insider_latest:
PERAK - "There is no requirement in State Constitution which requires vote of no-confidence to be taken in State Assembly" - Federal Court
Tuesday February 9, 2010 11:04 insider_latest

11:03
Twitter
insider_latest:
PERAK - Police begin clearing entrance anticipating crowd coming out soon.
Tuesday February 9, 2010 11:03 insider_latest

11:03
Twitter
limkitsiang:
Nizar lost the case question is the federal court voting margin
Tuesday February 9, 2010 11:03 limkitsiang

11:02
Twitter
tianchua:
am in court trial on Arsenic2: proceeds with another witness Nor Azizan Anan who had arrested me on 21/9/1999
Tuesday February 9, 2010 11:02 tianchua

11:01
Twitter
limkitsiang:
Federal ct holds state assembly vote not the only way to establish majority

10:57
Twitter
khairykj:
Its over. Pangkor Pele the man! Predictable chorus of compromised judiciary ensues. No such complaints when High Court decided.
Tuesday February 9, 2010 10:57 khairykj

10:55
Twitter
limkitsiang:
From judgment federal ct leans in favour of upholding court of appeal
Tuesday February 9, 2010 10:55 limkitsiang

10:53
Twitter
insider_latest:
PERAK - Federal Court referred to special palace meeting between Perak Sultan & 31 assemblymen,
Tuesday February 9, 2010 10:53 insider_latest

10:53
Twitter
limkitsiang:
Issue boils down 2whether vote of confidence issue must b decided by state assembly
Tuesday February 9, 2010 10:53 limkitsiang

10:53
Twitter
insider_latest:
PERAK - Federal Court notes that test that Nizar had lost confidence of majority of assembly had been satisfied at special palace meeting.
Tuesday February 9, 2010 10:53 insider_latest

10:52
Twitter
mkinilive_bm:
Hakim tAN sRI Ariffin memutuskan permohonan Nizar sepatutnya tidak dibuat mengikut 36(2) tetapi 16(2).
Tuesday February 9, 2010 10:52 mkinilive_bm

10:52
Twitter
insider_latest:
PERAK - Perak Constitution Article 16 (6) requires Nizar to resign & not under Article 36 (2).
Tuesday February 9, 2010 10:52 insider_latest

10:52
Anil:
Edmund: J deals with question whether vote in house required n effect of ningkan. AG says that factors in ningkan are distinguishable ie assembly in ningkan was in session. Also ref to Amir Kahar and Akintola. Goes into facts of those cases.
Tuesday February 9, 2010 10:52 Anil

10:50
Twitter
tianchua:
Federal Judges still reading the judgement, however from Dr Lee who is in Courtroom: we lost.
Tuesday February 9, 2010 10:50 tianchua

10:50
Twitter
limkitsiang:
Will Federal Ct uphold High Ct or endorse Court of Appeal reversal?
Tuesday February 9, 2010 10:50 limkitsiang

10:49
Anil:
Edmund: J discusses 16(6) & 36(2). There was no vote of no confidence. But request for dissolution, following court of appeal, was made under 16(6). Court of appeal was justified to say so.
Tuesday February 9, 2010 10:49 Anil

10:48
Twitter
insider_latest:
PERAK - Federal Court says this based on Sultan's rejection to dissolve state assembly under Article 16 (6) of Perak Constitution.
Tuesday February 9, 2010 10:48 insider_latest

10:47
Twitter
insider_latest:
PERAK - Federal Court finds Court of Appeal justified to reverse High Court decision.
Tuesday February 9, 2010 10:47 insider_latest

10:45
Twitter
limkitsiang:
Ariffin - had Perak Sultan acted constitutionally in rejecting Nizar's request for dissolution n dismissing him as MB without assembly vote?
Tuesday February 9, 2010 10:45 limkitsiang
10:44

10:43
Anil:
Edmund: 1035: J now goes to the questions. Interpreting 16(6) Perak constitution. MB if ceases to command confidence can ask under 16(6) for dissolution but if sultan refuses to dissolve then MB must resign. No dispute that MB asked for dissolution. But was it under 16(6) or 36(2). HCT did not believe state legal adviser but court of appeal reversed HCT per Raus Sharif.

1039: J speaks about state of affairs as of 4feb. Court of appeal was correct. Nizar knew as of 4 feb that he lost support of majority. It was a request under 16(6).
Tuesday February 9, 2010 10:43 Anil

10:40
Twitter
mkinilive_bm:
Tan Sri Arrifin masih membaca keputusan pengadilan. Beliau sedang memberikan latar belakang kes sekarang ini.
Tuesday February 9, 2010 10:40 mkinilive_bm

10:35
Twitter
mkinilive_en:
In Ipoh, ousted Perak speaker V Sivakumar is seen waiting anxiously for the Federal Court decision at the state DAP headquarters.
Tuesday February 9, 2010 10:35 mkinilive_en

10:35
Twitter
jonsonchong:
Hey, what's happening in the Federal Court? The judgment is cerita panjang or pendek? #MB
Tuesday February 9, 2010 10:35 jonsonchong

10:33
Anil:
Edmund: J goes thru constitution n principles in interpreting the same.
Tuesday February 9, 2010 10:33 Anil

10:31
Anil:
Edmund: Najib presented sultan letter showing majority aligned to bn, brought 31 ADUNs to meet HRH who pledged support to BN. HRH spoke to 4 ADUNs incl Bota. 1pm 5th feb nizar had meeting with sutan, sultan later issues press statement saying sultan refused to dissolve n that MB post vacant.
Tuesday February 9, 2010 10:31 Anil

10:30
Anil:
Edmund Bon: J going thru Hee’s actions. Sultan receives 3 ltrs on the jumpers’ positions saying they lost confidence in nizar
Tuesday February 9, 2010 10:30 Anil

10:29
Twitter
mkinilive_en:
Zambry is not present. He is believed to be attending the Menteri Besar and Chief Minister's meeting at the Prime Minister's Department.

10:27
Twitter
jonsonchong:
Just filed my police report. No. Repot SENTUL/002387/10 at 10:25 am. Will post contents on web when I can...
Tuesday February 9, 2010 10:27 jonsonchong

10:27
Anil:
Edmund Bon reports: J narrates the 3 jumpers fr pr to bn, purportedly resigning, but all 3 refute resignations

Arifin zakaria delivers judgment of court – appears to be unanimous, judge now reads grounds, going thru chronology
Tuesday February 9, 2010 10:27 Anil

10:26
Twitter
insider_latest:
PERAK - Situation outside Palace of Justice now calm as crowd awaits decision.

10:23
Twitter
tianchua:
2000 supporters assemble at Putrajaya: do our judges have the courage to uphold the constitutn?
Tuesday February 9, 2010 10:23 tianchua

10:22
Anil:
Zambry not in the courtroom? That's interesting.
Tuesday February 9, 2010 10:22 Anil

10:21
Twitter
insider_latest:
PERAK - Zambry is not in courtroom.
Tuesday February 9, 2010 10:21 insider_latest

10:20
Twitter
insider_latest:
SODOMY2 - Court postponed until 9.30am tomorrow for Karpal to file affidavit today in reply to prosecution's affidavit.
Tuesday February 9, 2010 10:20 insider_latest

10:18
Twitter
jonsonchong:
court postponed to tomoro. For karpal to file affidavit in reply RT @CarolHong < Yay! I didn't miss anything substantial...
Tuesday February 9, 2010 10:18 jonsonchong

10:18
Twitter
insider_latest:
PERAK - Justice Ariffin gives background of case. Audience listen intently.
Tuesday February 9, 2010 10:18 insider_latest

10:17
Twitter
limkitsiang:
Ariffin giving background of case b4 federal court
Tuesday February 9, 2010 10:17 limkitsiang

10:17
Twitter
jonsonchong:
Why this Perak verdict like waiting for a horse race to finish? RT @timmysay < Because we care. That's why. #MB
Tuesday February 9, 2010 10:17 jonsonchong

10:17
Twitter
mkinilive_bm:
Ketua Hakim Malaya, Tan Sri Ariffin Zakaria sedang membaca keputusan pengadilan
Tuesday February 9, 2010 10:17 mkinilive_bm

10:17
Twitter
mkinilive_en:
Chief Judge of Malaya Arifin Zakaria begins reading his judgement
Tuesday February 9, 2010 10:17 mkinilive_en

10:16
Twitter
insider_latest:
SODOMY2 - Karpal wants Special Branch officers to be removed from court & wait outside.
Tuesday February 9, 2010 10:16 insider_latest

10:15
Anil:
Here it comes, folks!
Tuesday February 9, 2010 10:15 Anil

10:15
Twitter
insider_latest:
PERAK - Chief Judge of Malaya Justice Ariffin Zakaria delivers judgement.
Tuesday February 9, 2010 10:15 insider_latest

10:15
Twitter
mkinilive_en:
Lawyer Philip Koh introduces Nizar's team of lawyers


10:14
Twitter
jonsonchong:
Go #MB Nizar. We support you and wish you all the best: #Unite4Msia
Tuesday February 9, 2010 10:14 jonsonchong

10:13
Twitter
tianchua:
Nizar vs Zambri: Judges entered at 10am, session starts - from Dr Lee Boon Chye in Fed Court Putrajaya.
Tuesday February 9, 2010 10:13 tianchua

10:13
Twitter
insider_latest:
PERAK - Lawyer Philip Koh introduces defence team for Nizar to judges in place of Sulaiman Abdullah whom Koh says is at another trial.
Tuesday February 9, 2010 10:13 insider_latest

10:13
Twitter
jonsonchong:
Just finished writing my report at the Sentul police station. The policewoman is now reading my good grasp of the Malay language. #fitnah2
Tuesday February 9, 2010 10:13 jonsonchong

10:13
Twitter
mkinilive_bm:
Panel lima anggota hakim memasuki mahkamah
Tuesday February 9, 2010 10:13 mkinilive_bm

10:12
Twitter
insider_latest:
SODOMY2 - Anwar's lawyer Karpal Singh tells judge the defence wants to reply to prosecution's affidavit submitted yesterday afternoon.
Tuesday February 9, 2010 10:12 insider_latest

10:10
Anil:
According to Edmund Bon, Nizar is represented by Philip Koh, Chan Kok Keong, Nga Hock Cheh, Ranjit Singh, Razlan Hadri, Amer Hamzah, Leong Cheok Keng, Hanipa Maidin, Zulqarnian Lukman, Joanne Leong, and Cheang Lek Choy.