Saturday, May 23, 2009

1 Perak : 3 -0 ...legality rules, morality loses...

1. 3-0, 0-3, 3 out of 3, 0 out of 3. This is not soccer result. This is how you can look at it with regards to 22nd May 2009 appellate court decision regarding who is the rightful MB of Perak. All it takes is 5 minutes to devastate those who supported democracy and peoples' wishes

2. STAR writes "Zambry declared Perak MB" , Malaysia today quoted TV antara "the decision by the 3 judges of appellate court is extraordinary".

3. The ball is now back to MB Nizar. It is his choice either to appeal right up to the federal court or to let the issue rest at that. Knowing PR, MB Nizar will appeal. That is his right and that is Malaysia's judiciary process.

4. The unsolicited view is, if the federal court sits to hear MB Nizar's appeal, the decision will be the same ie the federal court will upheld the appellate court decision. Period.

5. So, what do we learn out of Perak constitutional crisis? Many. Let's objectively try to understand the judgement and its implications...

  • Perak constitution in particular and Malaysian constitution in general, has 2 parts, that of explicit and implicit intentions. The explicit meaning is what that has been scribed out in words and penned down. The implicit intention is not penned down and the meaning is subject to the interpretation of the law. In this particular case, HRH Perak ruler has the hidden powers to judge on who has the majority and he further has the power to supercede whatever earlier installation HRH made;
  • HRH did not need any resignation letter to appoint a new MB (and maybe speaker) . All HRH can do is to appoint a new MB, from a group or combination of groups whom HRH is personally satisfied has a clear majority;
  • HRH need not satisfy himself that the representative(s) are socially, morally, criminally clean;
  • BN, in special cases, willingly accept support if that support is beneficial to them. As far as BN is concerned, the ends justify the means;
  • BN is a law abiding party and as such choose legally correct over morally correct;
  • EC and the courts do not recognise any post dated letter of resignation if it signed "under duress" meaning that rakyat's job and power is only during the election day. After that day, the elected rep can freely choose either to remain loyal to his party or shift his allegiance to others;
  • The political party has no right to dictate their terms to their elected reps, whatever political funds and political resources used during the election will not bind the rep to the party;
  • Elected reps can hop from one party to the other as many times as he wants and nobody can stop him from hopping;
  • The rakyat has no say once the election is over. Your elected rep can do whatever he whims or fancies;
  • Whatever letter of undertaking is invalid, if it is signed "under duress";
  • In judiciary system, there are different sets of procedures for different people. There is an "express" procedure for some whilst there are "normal" procedures for others;
  • Even 1 judge can sits and make decisions in appellate court because 1 is still an odd number;
6. The list can go on and on. The gist of the landmark decision is that the judges are looking into legally right over morally rights. It is legally right for MB Zambry to govern the state because he has the majority.

7. It is also legally right for MB Zambry to continue to perform as MB of Perak eventhough the correct procedures are not adhered to, as long as HRH has consented. That is because HRH has the right to interpret the implicit unwritten part of the Perak constitution.

8. For PR supporters, do not give up hope. There is always tomorrow. For now, PR should do some self evaluation on certain issues :
  • PR must filter their candidates properly and weed off questionable characters;
  • PKR, as the youngest party, should not join the bandwagon and "demand" seats if they do not have credible candidates;
  • In the event that PR wins the state (or federal) government, they have to ensure that the top and crucial administrative are in line with their aspirations. They may choose to request for the officials to be replaced (not terminated) to have friendlier administrative officials;
  • PR should not instigated their supporters to demonstrate at decisions that may not favour them;
  • PR should understand the sensitivity of certain issues and work on it;
  • PR needs to strengthened their political base and support now in preparation for future elections;
  • Money and power can change people. PR should lean the hardlesson by now;
  • PR should educate themselves on how to be responsible governments and how to react, under provocation;
9. As a consolation to PR, PR can walk out of court with their heads held high. They have won the peoples' support and this is the time to work for the state and the nation. The judiciary may not be at PR's side now. Let it be...let it go....tomorrow you have another day...

10. Let the people judge them for what they are. PR should now act responsibly and work for the rakyat. For the time being, be good opposition. BN can twist and turn but they cannot run. GE 13 will surely comes. Perak will be PR's for the taking and BN for the defending.

May the best man wins in GE wake up from your dreams, PR..back to work. BN, now is the time for you to regain the trust that you wasted in GE 12. BN or PR, I don't care...give your best for Perak.

Oh, before signing off, it matters not what the BAR, ex-judges, opinions polls say...Malaysian courts do not listen to any of them. Do any of the 3 judges plus CJ has a good night's sleep last night?

Till then...G'nite M'sia...wherever u are...


Fi-sha said...

Dear Mr Dnightcaller

Call me sadistic, when the news broke out, i was elated because we, the ordinary people, should know by now no one up there cares about moral or justice.

Why we have all kinds of problem now compared to old good times? Now, people are more god-fearing and morally upright. Thanks to continuous oppression and nonsensical moves by the Gomen, even majority malays feel they have been neglected.

Would you flock with the birds of no moral and have no regards of basic human rights? Lest you are one, kan Mr Dnightcaller?

Yesterday's verdict is like the gasoline to the burning charcoals and Mr Dnightcaller, the meat tastes heavenly after slow, long barbecue process (Pardon me as i just finished watching world's best food guide on AFC:)

Long Live People's Power!

nightcaller said...


Knowing that no one up there cares about moral and justice is one thing, so how do you work about the system to your advantage? To BN, the end justify the means whilst the rakyat is still groping to come to terms that BN never respect moral rights and they care less about peoples' inspirations if it is not hand in hand with theirs.

Problems? Yes and the problems come with the emergence of Melayu baru who discard religous and moral values when they embrace wealth, power and influence as their new goals in measuring success.

God fearing and morally upright? Nah, you just wait for my next posting scheduled Sunday morning. And you will see that despite the god fearing tags that u wrote, what happens to our youth? Remember about the case of celebrities caught during the recent new year celebration. Are we taking one step forward and 2 steps backward?

Its not about flocking with birds of no moral and no regards of basic human rights, it is about how u can turn them over. To me, they are mislead into surreal world and the time is now for us to bring them back. We cannot shun them, we have to work with them to win their hearts. Remember, every voter is worth 1 vote regardless of your academic background, moral and religous beliefs.

Ok, if you are a connoiseur to slow cooked BBQ. Can you wait that long? 3 years is a long time in politics. Remember that Perak change government within 1 month after Bota first switch to PR and the reswitch to BN together with 3 hoppers. So if 1 month can change a government, imagine what BN can do within 3 years...

IN the meantime...happy BBQ-ing with your slow cooked method...I will drop by when the meat is ready...

Fi-sha said...

Dear Mr Dnightcaller,

Before that, are you trying to say god-fearing and morally upright people are primitive in thinking and extremist in nature? Never mind, i shall wait for your sunday post to kick-start my exciting day!

I dont read MSM so i dont care which celebs got caught by moral police. Look at our local TV stations, too much entertainment with less guidance. If i have a child, i would sue them all for allowing my child to be corrupted by their programs.

Do you think we could turn those goons over? Over my dead body, look at Bota-froggy old man. They are like addicts to $ and power and let me know if you think our pusat serenti are damn good at turning over addicts. For a simple example, go ask a smoker to quit smoking.

Dont get me wrong, wait, wait. Dont jump your guns till you read this.

For one to change, it must come from the heart. No one could turn you over unless you want it yourself.

You could potray yourself as god-fearing and morally upright individual but it is how you act, tells whether you are or you are not. I recommend you read Mr Bong's take on hypocrite, confused malays here :

Like a crush, passion to change and to remain as one changed person shall run dry by the 6th month if you are not determined enough - thats human psychology.

We cant be telling people to change, especially when you are dealing with men with $ and power (whatever that may be). We need to wake their inner sense that being good and doing one is the right thing to do. If you love your mom, your dad, or your child, you wouldnt wish to hurt others. As simple as that sir.

What happened to our youths today is primairly because we forget that they are humans. You must read Encik Hishamudding Rais' take on the emergence of Mat Rempit here :

UMNO Putera, thinking they could cleanse the bad image, glorified Mat Rempit by taking them around for gotong-royong and skydiving at the northpole. What they failed to do is to treat the root cause. Now, have you ever heard of similar initiatives being carried out by UMNO Putra?

It pains me greatly because mat rempits are synonime to mal-functioned malay youths, even the police f(a)rce would rather kill them off at every raid. If that is how the Gomen thinks we should treat these misled youths, what do you think these youths will grow up into? Monsters right?

Mr Dnightcaller, i'd rather want them to see how they can contribute to the people they love and the society in general. Above all, i want them to feel that they are needed in this nation and it sure feels good being wanted. No more pancing undi time. Its pancing hati budi time.Its the walk your talk time sir!

By all means, i'd love to see people changing for betterment. We dont even need new campaign whatsoever - just build a strong community - financially, morally, humanity etc.

p.s. I wonder what JKKK (is that an acronym for Jawatankuasa Kaya Kuasa Kampung?) has been doing for the past tens of years?

Yes, i prefer the slow-cooking method because it cooks well and it preserves and brings out the original taste (yes, i just learn about molecular gastronomy too).

You cook the meat fast and get the tasty, crispy on the outside but raw on the inside. Which one is to your liking Mr Dnightcaller?

Sure, i'll let you know when the meat is ready or shall i say the smell will make you come running without me telling? ;)

p.s. BTW sir, whats the story morning glory about Rakan Muda and Khidmat Negara? Poster ada, iklan ada, apa cerita dengan anak muda kita?

Anonymous said...

The situation now resembles "the Battle of Bulge" carried out by BN. The end is near. However, just like Nazi Germany, BN is making one last major push before succumbed to total defeat.
Hence, it's Total victory or nothing. PR shall keep the momentum, building up the pressure towards finishing BN.

I do believe 2 party system. However, I am not willing to see the living of BN-UMNO. They have outlived their usefulness & should be exterminated.
Hence, I am supporting full dissolution of state assembly, calling for complete destruction of BN-UMNO Perak. It's not the time of having so called "strong" opposition. Having BN controlled the federal government and the civil servants is good enough.

Do watch this youtube movies. You find it interesting

Watch all of them.....This is what Anwar & Pakatan Rakyat leaders are going through..........


nightcaller said...


Somehow or rather, my response to is still in transit. I need to check where it goes to...


One thing that comes to mind is "perception". After the appellate court decision, PR is sending the wrong message. Morally, PR might be winning but legally BN is on winning streak.

Nizar's indecision on when to file in his appeal to federal court, Nizar and Siva's intention to go on "protest fasting" may be highly appreciated by PR supporters but may backfire.

2 party system is ok but so far it's see saw situation. Before Najib is offering olive branch to PR but nothing happens. Now, it's Nizar's turn to say he's willing to meet Najib and waiting for Najib's response. That statements alone is taking ages to get the right response, so whilst 2 party system is good but both parties seems to be at lost on how to start.

I will watch the u tunbes mentioned and I will response to the u tubes and Fi-sha's satement then (if i still failed to find my misplaced response)...

nightcaller said...


MSM may be providing slanted political news but we still has to refer to online news for social news. Shutting MSM as one of ur source of reading does not solve social problems. It is still there, clear and present danger.

Some of the youths are misguided and waiting for both helping and guiding hands to return to society. Just could not compare them with the froggies who have sold their souls to power, greed, power and influence.

Pusat serenti? Those addicts there can do it provided the "supply line" is totally cut off. And that means total dedication and commitment from their officials, follow up with good social workers to counsel them when they are returned to society.

Mat rempits ir is it Mat cemerlang? Unfortunately Mat rempits has been taken political advantage by the Putera umno leader. Bringing them to gotong royong and skydiving is more of putera umno's publicity stunts. Be honest to urself and ask, would u turn up in gotong royong? How many of us participate in gotong royong?
Mat rempits will be more responsive if motor workshops are held to familiarise them with motor skills, legal system and mechanical skills. They will be more appreciative if event organisers allow them to show off their skill in approved circuit. And if all media did not glamorise them or highlight them, then the phenomena will gradually dies off. Mat rempits become what they are today becase of the attention given to them and being attention seekers, Mat rempits becomes bolder and bolder to be in the spotlight.

I will be waiting for ur slow cooking BBQ meat. I prefer lamb over meat and it will be nice if u whip up some mint sauce too. Make mine well done, please...

Anonymous said...


if I was Pakatan, I will be stupid to follow your advice and let this matter rest till PRU 13, in fact, if anything, Pakatan has to find ways to keep the fires burning.

Use this slogan:-

"Perak, the day Barisan raped democracy"

Continue reminding people that Barisan Najis is a party that has no regard for laws that uses PDRM and the judiciary as their bitches to do as they please.

In short use Perak as the main tool in PRU 13.

To do this, they cant let the matter rest.

That would be so silly of them!!!

nightcaller said...

Anon 3:05

That's y u r not's a simple thinking really, the royalty wants to remains above the political fray, the judiciary are ruling for BN, the numbers (31) is also for BN. The only thing going Pakatan's way is the morality values.

You must see it from the legal aspects and not to cloud the issue with moral values. For the law, 31 is the majority in a 59 seat situation. That's how teh judiciary system looks at things, impersonal.

Morally, yes, it is Pakatan who ruled the state before and the frogs' allegiance can shift any time. Yesterday, they are with Pakatan, today they support BN, tomorrow??

So, the whole thing now comes to perception and image. The way Pakatan is reacting to the judiciary results, the 1 Black Malaysia t-shirts and candlelight vigil will hurt Pakatan. The perception is Pakatan are sore losers. BN has a better image consultant because they accept the high court decision and appeal it the next day. What do Pakatan do when the appellate court rules against them? They are not even sure when to appeal?

Pakatan keep on harping about dissolution of the whole state. On what grounds? legal or moral grounds? What justification for Pakatan to dissolve the whole state? I keep on repeating that the problem arise from teh 3 or 4 frogs (depending on how u view at it). That's 5 % of the seats. So why burden the balance 95 % by dissolving the state assembly.

The argument of slim majority did not arise because before Feb 2009, Pakatan is also having the same 3 seat majority and they can govern the state, so I did not see the reason why the state assembly need to be dissolved. The most is get the 3 frogs to vacate their seats. There are mechanisms to get them to vacate their seats.


The problem with Pakatan is simple. I will put in plain bahasa "Cerdik tak boleh diikut, bodoh tak boleh diajar"...

Need I say more?

Anonymous said...

Please take note that there are 12 movie segments. That one is just 2/12. So need to watch all 12 of them. Of course, one must look at from a bird eye's view. Not to take it literally.

I found that you are rational and wise fella. Even though, we might not see eye to eye on many things. It's great to have debates with you.

My point is very simple. Facing an enemy that resembles Idi Amin, it'd be foolish to deal with them the gentleman way. Perhaps, on the surface. But not in reality. Like WW2, Hitler too wanna offer olive branch. Same to Najib.
Hitler launched Battle of Bulge to break the Western Allies. Hitler seems to be successful. Though hold up at Bastogne, The Western Allies need to make decisive gamble.

1) Proceed cautiously while taking care of the supply lines that are wearing thin. American morales are low too with desertion of its troops. Soujd familiar


2) Bite the bullets and go all the way

Enter General Patton. His Guts & Glory........I believe Pakatan Rakyat is now adopting Guts & Glory though watching every single move by Najib.....Pouncing on every moves of exterminating all remanats of UMNOism
Just like PAP did to Barisan Sosialis, it's time to finish off UMNO when it's at the weakest. 50 years is long enough.

Perhaps, I might be too imperteous......Just like WW2, it's the destruction of UMNO is the beginning of the new dawn for Malaysia


Anonymous said...

Maybe this is where we agree to disagree, I doubt the rakyat feelings will be for Barisan if pakatan drags out this matter.

I have this feeling that more people are WITH Nizar and Pakatan the more they carry on their fight for Peraks rights.

Already this Court of Appeal ruling just tells everybody that the judges are Najis Razaks prostitutes and nothing else, ie like you say one quick treatment for Zambry and another for Nizar.

Carry on and keep Perak alive I say.

nightcaller said...

Looes 74

Yes, u r right there. There are many parts to the videos and its taking me ages to load it down. I will see it in full like that of the "longest day".

In Battle of the Bulge, the Germans who were losing in many fronts and with their limited strength strike at the over-confident allied forces. The weather plays a crucial factor. Here, Pakatan is not in the judiciary "good books", and the implementation agencies ie the police and the administrators are still "loyal bound" to BN.

When Pakatan first took over the state, they may have started at wrong footing and sending the wrong signals, an example is when the Pakatan missteps when they wanted to transfer the JAIP officer which is actually under HRH's jurisdiction.

Actually, if u remember correctly, Pakatan's Perak EXCO lineup was initially torpeoed by Siva when he feels that he is not appropriately "rewarded". He even threatened to quit Pakatan and only a timely appointment of speaker post appease him. Now, he is Pakatan's last bastion against BN.

So what do you see? I would draw Pakatan's case like those sensing victory in war leaving their designated post scrambling for war bounties thus not ready to guard against counterstrike.

Another thing, no doubt BN is still licking on their 8th March wounds, a wounded tiger is a dangerous tiger. Pakatan must be weary of "BN sleepers". They walk amongst Pakatan leaders with some gaining the trust of the upper echeleon leaders, ready to wreak damage to Pakatan when they get "specific wake up call" messages.

Anon 5.55

Rakyat are customers being wooed by BN and Pakatan sales pitch. Whoever offers the better package, that's whom the customers will choose. BN carries average products with poor after sales service whilst Pakatan offers unproven product with promises of good and effective after sales service. U remember how Malaysian consumers react when Samsung first introduce their products? We are sceptical and prefer to stick to Phillips, Singer although their after sales service is poor. How many years does it take for us to embrace Samsung? That's the way with Pakatan and BN now.

Nizar is treading dangerous waters now. He is exposing himself to personal attacks from BN. He should be concentrating in his efforts to regain his rightful position as MB through the courts of law and at the same time, keep low on his audience with HRH. Publicise them and he is laid bare by BN. Let Ngeh and Nga concentrate on the 1 Black Malaysia movement whilst Siva holding his speaker fort.

BY holding nightly ceramahs, Pakatan will be exhausting themselves and the moment they are off guard, BN will strike. There Pakatan needs to be careful because rakyat will go to Pakatan's ceramah once or twice but when the ceramah becomes like rerun records, the numbers will thinned and there, BN will strike again claiming that Pakatan has lost its shine and support. Do not overexpose ur support, play the cards right and hold it close to ur chest.

Pakatan will do fine...

Anonymous said...

Correction, it's Buntong Adun, not that Sivakumar from Tronoh Adun. Sivakumar was Ipoh Barat MP's (Kulasegaran) political secretary. He's DAP loyalist.
If Sivakuamar got problem, DAP Perak would be in big trouble. Even Lim Kit Siang would handle this personally, Just LKY handle "dissendents" in ALPS rebellion in SIA. LKY's famous speech was "Heads will roll". That fella would instigated the whole issue is a Malaysian, fled with his PR revoked.


P.S : Discuss with you in details in this topics. Anyway, whatever it's, Pakatan Rakyat should adopt the best policies without losing momemtum.

Although I am a full fledged engineer, I love history. Political & Military History

nightcaller said...

Looes 74

And all this while there is this notion that Engineers are square of the society...:)

If u check the Pakatan's reps background who make it to parliament and state level...quite impressive with Engineers (Nizar, Khalis Samad and others), Lawyers (Karpal, LKS etc), Doctors (Mariah, Zulkifli etc). This is far cry from previous elections where opposition candidates are party loyalists and seldom comes together with professional backgrounds...

My oversight in the speaker issue...nevertheless these issues of threathening party with quit dare, hopping dare is real. Name may change but it is there...

Anonymous said...

Well, Sivakumar is a lawyer too. Hence, that's why being chosen as Speaker.
Well, hmm......DAP & PAP has one common problem. They are one big family based party. I am not saying just father & son linked. It's like a clan association. Pros & Cons though