SANDAKAN: The High Court here has struck out the election petition filed against former chief minister Tan Sri Musa Aman over the Sungai Sibuga state seat.
The petition was filed by Asmara Abdul Rahman who was Parti Warisan Sabah candidate for the constituency during the 14th General Election (14GE).
Asmara named Musa as first respondent, and the Sungai Sibuga Election Commission (EC) returning officer and the Malaysian Anti-Corruption Commission as the second and third respondents.
Asmara had applied for the Sungai Sibuga election results to be declared void. He had alleged that Musa had, directly or indirectly through a third party, distributed money to voters to vote for Barisan Nasional.
Judge Azhahari Kamal Ramli said the petitioner had only deposited two copies of the petition whereas the reading of Rule 3(1) and (3) showed that the petitioner must deposit three copies.
He said the applicant had also failed to comply with Section 38(1)(a) of the Election offences Act 1954 which required that petitions on the grounds of corruption and especially alleging the payment of money must be filed within 28 days from the date of such payment.
“Hence, I am of the opinion that the petition is defective and order the petition against first respondent to be struck out,” he added.
Azhahari ordered the applicant to pay RM30,000 to the first respondent and RM10,000 to the second and third respondents.
He also dismissed the election petition by Irwanshah Mustapa, Warisan candidate for the Libaran parliamentary seat, against Libaran MP Datuk Zakaria Mohd Edris@ Tubau and ordered him to pay RM30,000 to Zakaria as first respondent, and RM10,000 to the second and third respondents.
Musa was represented by Jeyan Marimuttu, Rizwandean M. Borhan, Mohd Reduan Aklee and Mohd Azhier Farhan Arisin, while Zakaria was represented by counsel Abdul Fikry Jaafar.
Asmara and Irwanshah were represented by counsels Majnah Abdillah and Zaleha Mohd Yusuf Pan.