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Machang petition remitted back to Election Court BorneoPost Online | Borneo , Malaysia, Sarawak Daily News » Court - New 2 Sarawak

Machang petition remitted back to Election Court

Posted: 10 Dec 2013 09:35 AM PST

PUTRAJAYA: The Federal Court yesterday ordered the election petition brought by Parti Keadilan Rakyat (PKR) to nullify the victory of the Barisan Nasional (BN) in the Machang parliamentary constituency in the 13th general election to be remitted back to the Election Court for a full trial.

Chief Justice Tun Arifin Zakaria, who presided over a five-man bench of the Federal Court in hearing an appeal on the case, held that the Election Judge who heard the petition should not have struck out the petition on the basis of locus standi of advocate representing the petitioner under Rule 9 and Rule 34 of the Election Petition Rules 1954. Justice Arifin said the court was of the view that the Election Judge should have allowed counsel Hisham Fauzi to represent the petitioner in the case and hear his submissions on the petition.

He said the Election Court should hear the merits of the case by way of a full trial and set Dec 17 for case management.

"The court allows the appeal, the case is remitted back to the Election Court for hearing on the merits," said Justice Arifin in allowing PKR candidate Wan Zawawi Wan Ismail's appeal over the Election Court's decision.

The other judges on the panel were Tan Sri Zulkefli Ahmad Makinudin, Tan Sri Abdull Hamid Embong, Tan Sri Ahmad Maarop and Datuk Hasan Lah.

The court also set aside the Election Court's decision to strike out Wan Zawawi's election petition after allowing the respondents' preliminary objection to the petition. In the petition, Wan Zawawi had named Machang MP Datuk Ahmad Jazlan Yaakub, returning officer and the Election Commission as respondents. In the general election, Ahmad Jazlan beat Wan Zawawi by 805 votes.

Meanwhile, the panel also dismissed five other appeals on election petitions after hearing submissions from the parties concerned.

The appeals were brought by the Barisan Nasional (BN) for the Bachok parliamentary seat and the Jelawat state seatt in Kelantan and PAS for three state seats, namely Pasir Panjang, Manong and Rungkup in Perak.

Meanwhile, another panel of the Federal Court chaired by Court of Appeal president Tan Sri Md Raus Sharif also dismissed an election petition appeal brought by PAS for the Selama state constituency in Perak.

Justice Md Raus, chairing a five-member panel comprising justices Tan Sri Abdull Hamid Embong, Tan Sri Ahmad Maarop, Datuk Hasan Lah and Datuk Seri Abu Samah Nordin, made the ruling after counsel representing the appellant Mohd Akmal Kamaruddin did not appear in court for the appeal. The court dismissed the appeal by Mohd Akmal with RM20,000 in costs.

The court also set Dec 23 for a decision on the appeals of election petitions for the parliamentary constituencies of Bagan Datoh, Sungai Besar, Tapah and the state constituency of Lubok Merbau. — Bernama

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Fined for intimidating a woman

Posted: 10 Dec 2013 09:23 AM PST

KUCHING: A youth was fined RM1,000 in default two months' jail for intimidating a woman.

The 22-year-old accused from Matang yesterday pleaded guilty in a magistrates' court of intimidating the 32-year-old woman at Jalan Matang at about 11pm on Dec 5.

He was convicted under Section 506 of the Penal Code which carries a maximum penalty of seven year's imprisonment or fine, or both.

In another case, the court yesterday ordered the accused involved in a reckless driving case to enter his defence after the prosecution succeeded in establishing a case against him.

It is alleged that he was driving a car which collided with a motorcycle at Mile 8 Jalan Kuching Serian around 9.30pm on Sept 17, 2010.

The 62-year-old pillion rider died as a result of the accident while the 58-year-old rider was injured.

It is alleged that the accused did not stop after the accident. He fled from the scene, but not before his car licence plate number was noted down by eyewitnesses.

He was charged under Section 41(1) of the Road Transport Act 1987 which carries a maximum penalty of 10 years' imprisonment and RM20,000 fine.

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