UPDATE 2
KUALA LUMPUR, Nov 5 — A five-man panel of Federal Court judges today dismissed toppled Perak Mentri Besar Datuk Seri Nizar Jamaludin's application for an 11-man Bench to hear his appeal to be reinstated, without cost.
Court of Appeal president Tan Sri Alauddin Mohd Sheriff ordered Nizar's lawyers to continue with arguments of the main case immediately.
He is leading the five-member Bench with Chief Judge of Malaya Tan Sri Arifin Zakaria and Justices Datuk Zulkefli Ahmad Makinuddin, Datuk Mohd Ghazali Mohd Yusoff and Datuk Abdull Hamid Embong.
Attorney-General Tan Sri Abdul Gani Patail, who acted as an intervener to help interpret the Perak and the federal constitutions, was also present.
Nizar is represented by a team led by senior counsel Sulaiman Abdullah, while another senior lawyer Datuk Cecil Abraham is representing Perak Mentri Besar Datuk Zambry Abdul Kadir.
Former Bar Council president Datuk S. Ambiga acted for Nizar is asking for an enlarged panel.
She argued that it was in the best interest of the public for justice to be seen to be done as the Perak constitutional dispute had direct impact on the Federal Constitution.
Ambiga noted that with the full odd-numbered panel of judges, the public would get the benefit of a "full variety of judicial views" in light of their being "heavy political overtones" in Nizar's case.
Speaking to reporters after his application for a bigger Bench was dismissed, Nizar noted that the judges did not even give a reason for their action.
"There is a hidden upper hand influencing their decision," he said. "Last time people suspected... now it is more or less confirmed," he added. "With only five judges, what can be seen to be done?"
He pointed out Zambry's lawyer Cecil did not object to his application for an enlarged panel.
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