Sunday, April 26, 2009

9-MEMBER FEDERAL COURT PANEL FOR NIZAR?

Source: Malaysiakini
Ousted Perak menteri besar Mohd Nizar Jamaluddin has applied to the Federal Court to have an unprecedented nine-member panel, when it decides to hear Zambry Abdul Kadir's application to interpret constitutional matters on Tuesday.
MCPX

nizar jamaluddin interview 250309 01Mohd Nizar filed the application through his lawyer Leong Cheok Keng on Wednesday.

If the application is allowed, this would be the highest number of Federal Court judges to hear an application. Normally, a panel of five judges would hear a matter if it concerns constitutional matters.

At present, there are 12 Federal Court judges since the recent elevation of Justice Gopal Sri Ram, James Foong and Mohd Ghazali Mohd Yusoff to the apex court.

The other judges are Chief Justice Zaki Azmi, President of the Court of Appeal Justice Alauddin Mohd Sheriff, Chief Judge of Malaya Justice Arifin Zakaria and Chief Judge of Sabah and Sarawak Justice Richard Malanjum, Justices Nik Hashim Nik Ab Rahman, S Augustine Paul, Abdul Aziz Mohamad, Hashim Yusoff and Zulkefli Ahmad Makinuddin.

When contacted, Leong confirmed that the application had been filed.

He cited two main reasons namely that the case is of public interest and that Mohd Nizar has questioned the legitimacy of the apex court in hearing the application as it involves the interpretation of a state constitution and not the Federal constitution.

On April 22, it was reported that Zambry is seeking a quicker resolution of the present political crisis by filing an application to bring the matter directly to the apex court to declare him the rightful Perak menteri besar.

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