It was also noted that well financed political coalition like BN could persuade members of parliament to support the other side, thus shifting power through undemocratic means.
These views were revealed in a WikiLeaks cable made available toMalaysia Today.The cable quoted comments from a US embassy official that questions had already been raised on the independence of the judiciary in connection with the Anwar Ibrahim trials and other cases.
“This Federal Court decision in BN's favour (in Perak) raises renewed questions about the independence of the Malaysian judiciary,” the cable said.
“Before the Federal Court decision, the (Perak state) assembly would have instead been dissolved for fresh elections but now the sultan can legitimise the takeover without voter input.”
The diplomat noted that, while the government argues that the decision was based on a sound interpretation of the Perak constitution, the opposition had criticised the verdict as legitimising illegal political manoeuvering to change the outcome of democratic elections.
“This sets a dangerous precedent by implying that the (Agong) could remove the prime minister, without a no-confidence motion in Parliament,” the official said.
The Federal Court's 5-0 decision on Feb 9, last year ruled that Pakatan Rakyat menteri besar Mohd Nizar Jamaluddin could not continue to govern Perak when he had lost majority support in the state assembly.
Chief Judge of Malaya Justice Arifin Zakaria (left), reading out the 41-page judgment, said that to allow Nizar to do so would be against the principle of democracy. However, Arifin said this is by no means the end of the matter."It is always open for the appellant (Nizar) to bring a vote of no confidence against the respondent (BN's Zambry Abd Kadir) or make a representation to the sultan at any time if he thinks the respondent does not enjoy the support of the majority of members of the legislature," he said.
The bench, led by the President of the Court of Appeal Justice Alauddin Mohd Sheriff, then declared Zambry the lawful menteri besar.
The other three judges were Justices Zulkefli Ahmad Makinuddin, Mohd Ghazali Mohd Yusoff and Abdull Hamid Embong of the Federal Court.
Spotlight on royal powers
The cable further noted that the powers of the sultan had come under scrutiny because replacing a chief minister or menteri besar is not mentioned in the Perak constitution.
By virtue of the unanimous court ruling, Sultan Azlan Shah (right) of Perak would have the authority to appoint a new menteri besar if he believes that a different political coalition commands the majority of seats in the state assembly.The diplomat noted that the only way to fairly resolve such a crisis would have been to hold snap election, as Nizar had sought to do in seeking an audience with the sultan.
Diplomats who interviewed some of Nizar's lawyers over the Federal Court verdict described the decision as a “political decision” rather than a “constitutional decision”, and said such a verdict would result in it rewriting its past decisions and the constitution.
Nizar was also quoted by the diplomat as saying that the ruling would result in a “dangerous precedent” where the prime minister or chief minister holds office at the pleasure of the Agong or sultan.
While Prime Minister Najib Abdul Razak had appealed to everyone to respect the court's decision, Anwar was quoted in the diplomat's report as saying that Umno and BN "do not have the courage to face the people" in elections.
DAP leader Lim Kit Siang was quoted as calling it a "legalisation of BN's coup d'etat."
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