PERAK: PAS's Nizar is Already Cooked by the UMNO-Judiciary. The Court Case is an Academic Exercise

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Perak: The Final curtain for Nizar?

by

Dr Rafick

1. Ask any level headed and people who argue any case professionally on the possible outcome on the recent Federal court case involve Nizar and Zambry and analyze their response. You might be surprised with the outcome. I asked 21 people over the weekend at a club where professionals gather and share their cuppa.
   
   None of them are members of any political party. Surprisingly, no one knows what the details of the case that is pending in the court. However they know that it has something to do with Nizar wants him to be reinstated as MB.
   
   
2. . Not one knows who the judges are and what more the judges background. Despite that, 19 out of the 21 people feels that Nizar would lose the case. Some feel this whole affair is an academic exercise and others felt the decision has already been made before the case was even heard.
   
   Out of the 19 people who was interviewed, 17 feels it would a 4-1 decision or better and only 2 feels that it would be a 3-2 decision in favor of Zambry. Two people say it would not fair to make a judgment on the judges because they don’t know them and have no knowledge of what the case is all about.
   
   
3. . I asked the 17 people on why they felt that Zambry will win despite not knowing the judges background. Unanimously, with a clear voice, they conclude that the personality is not important but what is more important is that the judicial system in this country is not thoroughly fair.
   
   They all gave the impression that the system has been fixed to ensure that it would be in favor of BN. This is the public perception from small group of professionals.
   
   
4. . Then I saw, what RPK wrote today about the five judges that are deciding on the case.
   
   They are Tan Sri Dato’ Seri Alauddin bin Dato’ Mohd. Sheriff (President of the Court of Appeal), Dato’ Arifin bin Zakaria (Chief Judge of the High Court of Malaya), Dato’ Zulkefli bin Ahmad Makinudin (Federal Court Judge), Datuk Wira Haji Mohd Ghazali bin Mohd Yusoff and Dato’ Abdull Hamid bin Embong.
   
   Based on RPK analysis, all these judges were involved at one stage or the other in the many hearings involving Nizar, Sivakumar and Zambry.
   
   
5. . It goes without saying that none of the above judges had ruled in favor of Nizar.
   
   The only Judge that says that Nizar was the MB at all material time was Justice Abdul Aziz Abdul Rahim and his name is not on the list. His name is not there because he is not the member of the Federal court.
   
   
6. . Even though the case has not been decided but public perception has already been ingrained with the probability of Nizar winning is absolutely remote. I am not sure which is more important – Nizar winning or judges be judge fairly.
   
   Is it really important for Nizar to win the court case? Should the court try to gain the public trust in the system? In my own assessment, it is not the outcome of the trial that is relevant at this stage but the way the various justice judge the case.
   
   The JUDGES are basically on trial.
   
   
7. . It is quite clear that the judges judge the case and the rakyat will judge them. Let us see whether this 19 professionals are correct in their assessment.
   
   My own personal gut feeling concurs with this 19 professionals.