IPOH, Nov 3 — Former Perak Mentri Besar Datuk Seri Mohammad Nizar Jamaluddin is requesting, for the third time in the same case, to the Federal Court for a full, 11-member panel of judges during his appeal over the post this Thursday.
This time however, the Pasir Panjang assemblyman and Bukit Gantang MP made his application through a motion filed at the apex court in Kuala Lumpur today.
In a media statement, Nizar said the application was necessary as the case was an important one that would decide the fate of a Mentri Besar.
“We would expect reasons to be given if my counsel's request for a larger bench is refused.
“The court rejected our request (on the previous two occasions) point blank and without any explanation,” he said.
Nizar claimed that the public had expressed deep concern that all of the Perak cases had so far been heard by the same three senior judges, together with one or two junior judges.
“This should not be the practice as the Perak disputes involve issues which are of public importance. We cannot be having the same old familiar faces.
“At a time when the reputation of the judiciary is being questioned, the public expects that the presiding judges who select those on the panel should ensure that the process is fair and be at pains to select only those who are well-versed in constitutional law,” he said.
Nizar expressed distress that certain judges had been absent in the Perak cases although they were well qualified in hearing such matters.
“Why have they been sidelined?” he questioned.
Hence, he said for the purpose of giving the impression of impartiality and convince the public that Thursday's hearing would be a fair one, a full bench should preside over the proceedings.
“The perception that justice must be seen to be done, as they say, is by far more important than the mere doing of justice.
“From a speech given at the 14th Malaysian Law Conference on Oct 29, 2007, it was said that the appearance of impartiality is the more important of the two,” he said.
Nizar is appealing against the Court of Appeal's decision which declared Mentri Besar Datuk Seri Dr Zambry Abd Kadir as the rightful mentri besar of Perak.
He was granted leave to appeal on the matter on July 9.
The scramble for the Mentri Besar's post began after the sudden departure of three Pakatan Rakyat assemblymen Jamaluddin Mohd Radzi, Mohd Osman Mohd Jailu and Hee Yit Foong from the coalition, as well as the return of Bota assemblyman Datuk Nasarudin Hashim back to Umno after he left the ruling party for PKR.
Their move had caused Nizar to lose the majority of the state legislative assembly, which subsequently led to the formation of the current Barisan Nasional government, sanctioned by the ruler of Perak Sultan Azlan Shah, in his place.
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