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Election Court again rejects petition over Lubok Merbau seat BorneoPost Online | Borneo , Malaysia, Sarawak Daily News » Court - New 2 Sarawak

Election Court again rejects petition over Lubok Merbau seat

Posted: 16 Jan 2014 10:09 AM PST

IPOH: Barisan Nasional (BN) retains the Lubok Merbau state seat after the Election Court here again rejected the petition filed by a voter to annul the contest result for the seat in the 13th General Election (GE13), with costs.

Judge Abdul Rahman Sebli made the decision after hearing the preliminary objection and submissions by the petitioner Mohd Ridzuan Hasif and three respondents over three days, ending last week.

In his judgment yesterday, Abdul Rahman said the petition was defective while the facts put forward by the petitioner were not explained properly.

He said although the case involved the general election law and principles, the court had no power to hear a petition that did not follow the election petition procedure, while the interpretation was bound by the tight election petition rules.

The judge said the court also had no jurisdiction to continue with the merit of the petition with a full hearing.

The court also ruled that the first respondent, Datuk Siti Salmah Mat Jusak from BN, was duly elected as Lubok Merbau assemblyman.

Abdul Rahman ordered Mohd Ridzuan to pay RM30,000 each to Siti Salmah and the second respondent, the Election Commission (EC).

Lawyer Datuk Firoz Hussein Ahmad led the counsel representing Siti Salmah, while senior federal counsel Alice Loke and Norazmi Narawi represented the EC.

Siti Salmah, when met by reporters outside the court, urged that the administration at her service centre, her voters and supporters, and her family not be disturbed anymore by certain quarters.

"For eight months, I have not been at peace and I have to spend a lot of money on legal fees.

"In the 2008 general election where the opposition won the Lubok Merbau seat with a 72-vote majority, BN did not dispute it. But in 2013, when we won it by 53 votes, they (opposition) said it was unfair," she lamented.

Meanwhile, Mohd Ridzuan when talking to his supporters, said he would be speaking to his lawyers before filing an appeal against the Election Court's decison with the Court of Appeal within two weeks.

Last Dec 23, the Federal Court ruled that the election petition for the Bagan Datoh parliamentary seat and Lubok Merbau state seat be remitted to the Election Court to hear the merit of the cases after allowing the petitions filed by the opposition.

In the GE13, Siti Salmah defeated PAS candidate Mohd Zainudin Mohd Yusof for the Lubok Merbau seat. — Bernama

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Trial for Machang election petition in February and March

Posted: 16 Jan 2014 10:08 AM PST

KOTA BAHARU: The Election Court here yesterday has set 15 days in February and March for trial of the election petition for the Machang parliamentary seat won by Barisan Nasional (BN) in the 13th general election.

Election judge Datuk Zamani Abdul Rahim, who made the decision in chambers, fixed trial from Feb 23 to 27, March 9 to 13 and March 23 to 27 for trial.

Zamani also decided to make a decision on the earlier appeal filed by former Parti Keadilan Rakyat (PKR) candidate for the parliamentary constituency, Wan Zawawi Wan Ismail, at the end of trial.

It will allow him to hear the full trial before making a decision on the appeal.

Meanwhile, Datuk Mohd Hafarizam Harun, who is representing BN, said they will call on 200 witnesses throughout trial while the Election Commission will call on 510 witnesses.

Mohd Hafarizam was also shocked by the judge's decision to decide on the initial appeal at the end of the trial.

"I am unsure where or on what aspect the court wants to make a decision at the end of the trial, whether this will involve legal issues or clarification of facts.

"If it's done at the end of the trial there will be a combination between legal issues and clarification. How can it be separated later," he said.

He said it is different from the decision for the Lubok Merbau constituency election petition today, whereby the Election Court has rejected the petition filed by a voter to nullify the general election results for the area.

PKR's lawyer, Hisham Fauzi, said he will call on at least 25 witnesses during the trial.

In the 13th general election, Datuk Ahmad Jazlan Yaakub, who is also Machang Umno division chief, defeated PKR candidate Wan Zawawi Wan Ismail with a 805 vote majority.

Ahmad Jazlan is the first respondent in the petition, while the Machang Election Returning Officer is the second respondent and the Election Commission the third respondent.

Azizan Md Arshad represents the second and third respondent. — Bernama

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Three followers plead not guilty to Syariah offence

Posted: 16 Jan 2014 09:57 AM PST

KUANTAN: Three of six followers of the 'Tuhan Harun' or 'Tuhan Harun 2013' deviant teachings who had been charged in the Syariah Lower Court here yesterday changed their plea to not guilty to possessing documents that contravene Islamic rulings.

On May 14 last year, the three accused, Husin Ismail, Mohd Khalilie Zazali and Mohd Nizam Mohd Salleh and three others pleaded guilty to the charge before Syariah Lower Court judge, Abdul Wahid Md Ali Al-Fakwie.

They are alleged to have committed the offence at a premises, B160-1st Floor at Lorong Pandan Damai 2/201, Kuantan at 6.50pm on April 4, 2013.

The charge under Section 165 of the Pahang Islamic Religious Administration and Malay Custom Enactment 1982 provides for a fine not exceeding RM500.

The court then released all the accused on bail of RM1,000 each in one surety.

Judge Abdul Wahid fixed this April 24 for case remention.

The Pahang Islamic Religious Department's (Jaip) syariah deputy prosecutor Mohd Fahmi Abd Jalil appeared for the prosecution.

Mohd Fahmi, when met by reporters, said the warrants of arrest issued on three other accused, Pius Anahong@Mahdi Abdullah, Syahiszam Soid and Mohd Shahril Mohd Jaafar who did not turn up in court today, would be extended to the same date.

Meanwhile, Abdul Wahid postponed the remention of the case involving the deviant sect leader, Harun Mat Saat, 47, who is facing the same charge, to Feb 6.

This was because Harun was unable to be present as he was attending the case management involving the murder of Jaip principal assistant enforcement chief, Ahmad Raffli Abd Malek, in the Kuantan High Court yesterday. — Bernama

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Case involving Tuhan Harun leader and followers postponed to Jan 28

Posted: 16 Jan 2014 09:57 AM PST

KUANTAN: The Kuantan High Court here has fixed Jan 28 for remention of a case involving the leader of deviant teaching group Tuhan Harun and three followers accused of killing Pahang Islamic Religious Department (Jaip) chief enforcement officer Ahmad Raffli Abd Malek.

Judge Datuk Ab Karim Ab Rahman set the date after counsel Hermes Media Putra Ibrahim, representing all of the accused, did not attend court for management of the case yesterday.

However, group leader Harun Mat Saat, 47, attended court dressed in prison attire on a wheelchair accompanied by his third wife, Azida Mohd Zol, 30.

On Dec 16, a follower Sumustapha Suradi, 39, from Kampung Sibugal Besar, Sandakan, Sabah was charged with killing Ahmad Raffli, 49, in front of the victim's home at Lorong IM2/29, Bandar Indera Mahkota here at 1.50pm on Nov 10 with two others who are still at large.

The charge was made according to Section 302 of the Penal Code which carries a mandatory death penalty upon conviction.

Meanwhile Harun, Azida and another follower Shaizral Eddie Nizam Shaari, 37, were charged with Sumustapha and two others on the loose who had agreed to a criminal conspiracy which led to the death of Ahmad Raffli.

The offence allegedly committed at the same time and place came under Section 302 of the Penal Code.

The charge under Section 120B(1) was read together with Section 34 of the Penal Code which carries a mandatory death penalty.

The four accused pleaded not guilty and claimed trial after the charges were read before Judge Datuk Ab Karim Ab Rahman.

Deputy Public Prosecutor Salim Soib@Hamid appeared for the prosecution. — Bernama

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