High court judge Azhahari Kamal Ramli rejected the application filed by Parti Warisan Sabah candidate Asmara Abdul Rahman to render the results null and void based on alleged electoral fraud and money politics.
“Regretfully, the election petition for Libaran parliamentary seat and Sungai Sibuga state seat has been struck out based on technicalities,” said the lawyer representing Warisan, Douglas Lind.
Lind explained the the “technicalities” included the petitioner filing only two copies of the petition instead of the required three copies.
“The judge also said that there was a non-compliance of Section 38(1)(a) of the Election Offences Act. He is of the view that any act of receiving money must be acted upon within 28 days from the act of bribery,” the lawyer said.
The clause states that an election petition questioning the return or the election upon the ground of a corrupt practice and specifically alleging a payment of money be made within 28 days after the date of such payment or act.
Musa’s lawyer Mohd Azhier Arisin also confirmed the judgment when contacted.
Asmara who was Warisan’s candidate for Sungai Sibuga filed the petition on June 18 naming Musa, the returning officer and the Election Commission as first, second and third respondents respectively.
Warisan candidate for the Libaran parliamentary seat Irwanshah Mustapa named Libaran assemblyman Zakaria Mohd Edris in his petition, also filed on June 18.
In their petitions, Asmara and Irwanshah alleged cheating when there was a deliberate delay over the signing of Form 14 after ballot counting.
The election petition claimed that several recounts were then carried out before the winner was finally announced at 3am.
It saw Warisan losing the two seats to former chief minister Musa, who polled a majority of 2,184 votes against Asmara while Zakaria won on a 678 majority.
By Julia Chan
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