Media Statement (3) by Lim Kit Siang in Petaling Jaya on Wednesday, 13^th May 2009: 

Can Malaysians expect justice in cases involving top Umno leaders when the Chief Justice, Tan Sri Zaki Azmi had been a long-time Umno lawyer and stalwart?

The question bugging Malaysians in the past 20 months have finally come to the very fore – whether Malaysians can expect justice in cases involving top Umno leaders when the Chief Justice, Tan Sri Zaki Azmi had been a long-time Umno lawyer and stalwart?

When Zaki was appointed directly as Federal Court judge in September 2007, it is open secret that he was headed for what turned out to be a quintuple jump as Chief Justice in a matter of 13 months.

Both inside and outside Parliament, the propriety of Zaki’s appointment as Chief Justice and how it could help in restoring national and international confidence in the independence, impartiality and integrity was raised – with no attempt by the Prime Minister of the day to give proper and acceptable answers.

This question has again come to the very fore because of the super-fasttracking by the Court of Appeal of the application by the usurper Perak Mentri Besar Datuk Zambry Abdul Kadir to “stay” the declaration of the Justice Datuk Abdul Aziz Abdul Rahim in the Nizar vs Zambry case that Datuk Seri Mohd Nizar Jamaluddin is the lawful Mentri Besar of Perak.

Many questions cry out for answer as to how could a single-judge Court of Appeal in a short hearing, in a few hours after the filing of the application, grant a “stay” of the declaration by the Kuala Lumpur High Court judge made in an one-hour reasoned judgment after three days of arguments.

Yesterday, Nizar’s solicitors were informed by fax of Zambry’s appeal:

• 10.07 am – letter to Court of Appeal requesting early date;

• 10.43 am – informed that application for stay fixed on the same day, no time of hearing stated.

• 10.52 am – notice of appeal.

Nizar’s lawyers were not given proper notice of the hearing by single-judge Court of Appeal at 11.30 am on the application by Zambry’s lawyers for “stay” of declaration, although Zambry’s application was filed at 9 am and application for stay at 9.30 am.

These time-lines for the “super-fast” Court of Appeal proceedings are pertinent. Nizar’s solicitors have filed his application to discharge Zambry’s “stay” order at the Court of Appeal, Palace of Justice, Putrajaya after lunch.

Is the Court of Appeal prepared to equally fast-track to have a three-judge bench to convene in special session for the discharge of Zambry’s “stay” order?

*Lim Kit Siang, DAP Parliamentary leader & MP for Ipoh Timor