Tuesday, May 26, 2009
NH CHAN- UNJUST JUSTICE
NH Chan, a retired judge of the courts of Appeal wrote in the malaysian insider that the three judges of the court of appeal which heard the Nizar/zambry appeal on who is the true MB, has said the that the judgment is wrong.
Now why am I not surprised? Everybody in Perak and Malaysia (except for BN ) knows these as for a fact. The learned judge NH Chan gave a detailed breakdown of the facts in his article in the insider. He even priased the High Court judge Abdul Aziz for the impeccable judgement.
a small extract of NH CHANS article from malaysianinsider:
It seems to us ordinary folk that the Court of Appeal has missed the point. They decided that Zambry was properly appointed Mentri Besar under Article XVI(6). That is not correct — he could only be appointed under Article XVI(2)(a). Since there cannot be two Mentri Besar and Nizar the incumbent Mentri Besar has not resigned and, further, since the legislative assembly did not decide if he has ceased to command the confidence of the majority of the members of the assembly, Nizar, unquestionably, is still the Mentri Besar of Perak.
Before I sign off, I wish to say a few nice words to the High Court judge. Mr Justice Abul Aziz Abdul Rahim is a fantastic judge. The judgment, especially the piece on the interpretation of Article XVI(6), is so good that it has persuaded me to change my mind on my view of Article XVI(6). If you remember my first article, I have expressed an opinion on Article XVI(6). Now I know I was wrong — and I have to thank Abdul Aziz J for showing me the way.
So now can we throw the books at these three judges, for the wrong judgement?