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.
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.
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".
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.
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;
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.
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;
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.
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?
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?
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.
Legally, what BN did to snatch Perak from PR is correct. Morally, what BN did is unspeakable and despicable act of a desperate party.
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.
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.
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...
Some may ask why nightcaller? It is my favourite TV series way back in the 80's.
Back then, Jack Killian @ nighthawk goes on the air nightly to talk about issues in USA whilst this scribe reach out to the netizens with apolitical views on issues that interest him inclusive of global issues. In commenting to other blogs, he goes by the nick nightcaller with the callsign "Till then...G'nite M'sia...wherever u are..."