Monday, June 29, 2009

1Perak : Preparing for the worst...

  1. Do not get your hopes high in the coming 9th July sitting of Perak's MB vs MB case. Better still, do not put any hopes at all. That way, it will not hurt as bad when and if the judgment did not go MB Nizar's way.
  2. The writings are are on the wall. Maybe, for the time being, it is invisible but by 10th July, it will be officially out for all and sundry to see.
  3. Nizar asked for a maximum of 11-judge panel but...MSM's STAR postdated 28th June 2009 headlined "Five-man bench is Nizar's Last Avenue".Malaysiakini's post dated 27th June 2009 wrote "Only 5 judges to hear final appeal".
  4. It is not difficult to find 5 judges who will go Zambry's way. To make it a nail-biting climax, there is possibility that it will go 3-2 in favour of Zambry. It is much easier to get hold of 3 BN-friendly federal judges than 5 BN-friendly federal judges.
  5. Since MB Nizar failed to get the maximum of 11-judge panel, he can opts to :-
    • halt the proceedings pending a written appeal for the federal court to enlarge its panel;
    • wait for the federal court to state the reasons for refusing MB Nizar's initial request of 11-judge panel;
    • appeal for the federal court to review the delay on the written judgment of 3 courts of appeal judges which affects the appeal process;
  6. If MB Nizar opts to appeal the federal court decision to hold a 5-judge panel, it will delay the hearing further and will provide the openings for Zambry to undo what PR has done for Perak. And that is the age old tactic of BN to wear the opponents down.
  7. How confident is Zambry now? Well, presently, Zambry has started to dismantle the legacies of the 10 month old PR state government when, amongst others, :-
    • 3,000 applications from residents of new and planned villages to convert their land titles from leasehold to freehold cancelled;
    • 817 elected village headmen had their term of office terminated. The village chiefs have since filed a suit in the Ipoh High Court to be reinstated;
    • The proposal to change the octagon Yak Tack Seng market along Jalan Osbone into a tourist centre scrapped;
    • The uniform one-coupon parking system for vehicles, and at a discounted rate from April, for the whole state did not see daylight;
    • The open-tender policy for approving government contracts, land and logging concessions reverted to the old system of closed tenders;
    • The giving state land to religious schools and Chinese independent schools scrapped;
    • The policy of giving RM1,000 to the dependents of senior citizens who die gone;
    • The process of legalising the 134 new villages put on hold;

  8. What does MB Zambry's actions say? It says that BN is confident that the federal court will upheld the decision that MB Zambry is the legal Perak MB and HRH is correct in appointing MB Zambry is the MB despite the fact that MB Nizar never tender his resignation.
  9. What are the options available?
    • some to continue with 1 Black Malaysia campaign (and drinking coffee every thursday?);
    • to voice support to MB Nizar during 9th and 10th July sitting;
    • the courts to review MB Nizar's appeal on 5-judge panel sitting?
  10. The options are running thin and running out. Although it will be a victory (hollow) to BN, the repercusion is far greater than that. Will Malaysia be under the microscope again? Can our judiciary stand and walk tall amongst the other sovereign nations? Will we regain the stature as one of the foremost law abiding nations in the commonwealth?
  11. Incidentally, during the 9th July week, the by-election of Manek Urai will be at its peak and surely both BN and PR will do whatever possible to politicise the 9th July federal court sitting. If the federal court decided to adjourn the hearing, BN will say that this is a process of law and cannot be disputed outsiude for fear of contempt to court. If BN wins the case, they will say that the government has been right, all along to interpret the law and if they lose, BN will say they uphold the decision of the court. For PR, why should they be repeating the BN. It is PR-led government which has been cruelly snatched by BN.
  12. Legally, what BN did to snatch Perak from PR is correct. Morally, what BN did is unspeakable and despicable act of a desperate party.
  13. At the end, PR needs to review their actions in Perak and carry out a detailed post-mortem on what could have been done. This time, mybe PR needs to rope in the independent third party to give them unbiased views.
  14. Like medication, it may be a tough pill for PR but to feel and perform better, the pill needs to be consumed. Perak is an example of Malaysian composition. To move forward, PR needs to join forces and forgets about their different idealogies. They must set some basic ground rules to work on. Most important, PR needs to move as a unit.
  15. Do not mourn 10th July. If the judgment is for BN, it shall be a wake up call for PR to thrive more. And let it be a lesson to PR to carefully select and screen their members before putting them up to stand in elections. The people has sacrificed once, do not let the people hoodwinked for the second time...
Till then...G'nite M'sia...wherever u are...


Anonymous said...

I still stand by my belief we in Pakatan have to look at ourselves and learn and be stronger for it.

Mistakes are okay, never repeat them EVER AGAIN.

If we got to sleep at night and never lock our doors and we get burgled, is there any point blaming the police, the developer, the judges, our neighbours etc etc etc.

We must be certain of who we pick.

And if we know our majoirty is slim, by say 1 vote or 2 votes, we better jolly well be tracking ALL our DUNS 24 hours non stop!

We failed.

nightcaller said...

Anon 9:35

Yes, Pakatan failed. It is an expensive experience for PR. With all the technology advancement at PR's disposal, PR still failed to strengthened their reps in crucial major aspect - human feelings and responsibility.

PR should adhere itself to its elected reps by showing that PR is an organisation that placed human factor above all else and treat responsibility as an honour to serve and not as an opportunity.

Perak may be slipping away but I hope PR will come out stronger and the bonding between DAP/PAS/PKR will be cemented for the betterment of Malaysians.

ahoo said...

The end result is almost in their (bn) bag as far as they are concern. This is BAD precedent for this country's politics. It simply mean that bn can go shopping now !
With millions on offer, many first time politicians may compromise as where else in the world can one gets millions overnight by being "friendly supporter" to bn ?

I think those learned lawyers should make a clear stand on this 1 Perak issue. Our retired lawyer, NHChan makes it very clear on how to judge a judge and as for us layman, we will use our vote to ensure that such mean and callous politicains from bn won't be voted in again in the next election.

We will have to show them the door during the next round and let us hope that Pakatan will stays strong until the next round.

Anonymous said...

All should read chedets latest posting on this matter.

It seems theres one law when it comes to UMNO (ie the PM) and another separate law when it comes to us (ie Nizar as Perak MB).

Bloody chedet is saying the PM kenot b dismissed by the Agong.

So, what the heck did Azlan Shah do?????

Anonymous said...

Nightcaller, this's a bad news. Kedah DAP's decided to throw in the towel, & pull out from Pakatan Govt in Kedah. It's over many issue especially the demolition of pig abattoir. Azizan must do something quick or do appoint a Nizar like MB there. looes74

nightcaller said...


Ur comments are noted. Let BN spend their hearts out whilst PR work silently to retake Perak :)

Anon 6:38 pm

Che Det is a citizen now. He has been caught flatfooted once when UMNO was declared illegal in the 80's. He opinion may be right andm ay also be wrong. There is only 1 set of rule in Malaysia but the judges interpret it differently ti please their political masters, forgetting the separation of power between the executive and the judiciary.

Azlan Shah? As former CJ, his interpretation of law is subjective. Most of all, Azlan Shah is no longer the CJ and thus should stop acting as one...


Just got the news over TV3. Kedah's DAP should have an urgent discussion with Azizan regarding this matter. Without being prejudice, the abbatoir's location may not be suitable and the state government has allocated another site for the abbatoir.

What I am trying to say is do not jump the gun. Let Azizan explained as he has to provide necessary amenities for non-Muslims to attend to their needs (in this case the consumption of pork).

Anonymous said...

Nightcaller, don't get me wrong for being a person less accommodative & less reasonable. Instead of Dap Kedah discussed with Azizan, Azizan should have exercised wisdom in handling the matter. One way's to build another abattoir first before demolish the present one. Demolish one & only one abattoir's a smack of insensitivities to non muslim. Nightcaller, I can be assured that It's UNISLAMIC. Nik Aziz'd not do that. I bet Nizar won't. Luckily, it stops at state level, where top leadership including LKS can rescind such move. Now, since Azizan or his govt created the shits. Azizan need decisive, drastic & swift decision. Hold an emergency state exco. Launch statewide investigation. Not those routine inquiries. Sack all responsible town councillors handling the abattoir case. Sack those responsible civil servants. Summon State Sec. Have a pay cut for MB, responsible excos & state sec. Reappoint town councillors with more non muslim. Make public statement. All these must be done quick. Looes74