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Friday, March 29, 2019

Bersih 2.0 questions whether free food coupons by Miri MP an Election Offence

The Coalition for Clean and Fair Elections (Bersih 2.0) has questioned whether the move by Miri member of Parliament Michael Teo to provide RM75,000 worth of food coupons to 300 underprivileged students from five schools amounted to the offence of treating.

This is in view of the upcoming Rantau By-Election, with nomination taking place tomorrow and polling day on April 13.

The food coupons were also distributed at the request of Dr S Streram, the prospective PH candidate for the by-election, who was also present at the event, it said.

"Bersih 2.0 wishes to point out that Section 8 of the Election Offences Act 1954 (EOA) clearly states that it is an election offence of treating for anyone to give food, drink, refreshment, provision, money, ticket or any other means for the purpose of corruptly influencing any person to vote at an election.

"Section 8, along with other sections of the EOA on promotion of ill-will and hostility, undue influence and bribery, begins with the phrase "before, during and after an election.

"Bersih 2.0 would suggest that the interpretation of "before an election" means before the Nomination Day and thus it would be reasonable that the starting period for election offences to be committed, to be from the moment a seat is declared vacant or when Parliament or State Assembly is dissolved," it said in a statement.

The Rantau state seat was declared vacant on Feb 26 after the Federal Court dismissed incumbent Barisan Nasional candidate Mohamad Hasan's appeal.

"Since everyone already knew for sure that the by-election will be carried out from that point, it would be reasonable to assume that all unscheduled political activities that are carried out in the constituency are done for the purpose of fishing for votes, especially so with Dr Streram in attendance, who was announced as Pakatan Harapan's candidate for the Rantau state seat".

Bersih 2.0 said it is of the opinion that all form of treating, undue influence, bribery and promotion of ill-will and hostility from the point a seat is vacated, constitute an election offence.

"Thus, it is our view that the election offence of treating was committed by the Miri MP in this instance.”

Nonetheless, Bersih 2.0 said it is entirely up to the relevant authorities to act on such alleged offences and for the Court to interpret the election law.

It also called upon the Election Commission to take all necessary steps for redress and ensure that all parties adhere to the EOA.

"With the official Campaign period about to start tomorrow, Bersih 2.0 calls on all parties and candidates to adhere not just to the letter of the law but also to the spirit of the EOA, which is, elections must be free, clean and fair.

“It is our hope that with the Rantau by-election, we will see a reversal of the upward trend in offences committed in the past six by-elections since GE14.”

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