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Sept, Oct hearing for Warisan's three election petitions
Published on: Saturday, July 14, 2018

Kota Kinabalu: The Election Court here on Friday fixed September and October, this year to hear three election petitions filed by Parti Warisan Sabah (Warisan) seeking orders to nullify Barisan Nasional (BN)'s victories in the Sipitang parliamentary and Sook and Kundasang state constituencies in the 14th general election.

Sibu-based High Court Judge Dato' Lee Heng Cheong set Sept 24-28, Oct 8-12 and Oct 22-26 for the tentative trial of the petitions for Sook, Kundasang and Sipitang, respectively.

Warisan's Sook candidate, Martin Tomy @ Tommy, 58, is seeking a declaration that Datuk Ellron Angin of BN-PBRS was not duly elected or ought not to have returned in the said election and the election of Ellron be declared void under Section 32(a) and/or 32(c) of the Election Offences Act 1954.

Martin named Ellron, the Returning officer and the Election Commission of Malaysia as the first, second and third respondents, respectively.

Siriman @ Mohd Fazid Basir, 60, who was Warisan's candidate for Kundasang, is seeking a declaration that BN-PBS's Dr Joachim Gunsalam was not duly elected for the seat and/or ought not to have been returned.


He named Joachim, Returning Officer Faimin Kamin and the Election Commission of Malaysia as the first, second and third respondent, respectively.

Meanwhile, Warisan's candidate for Sipitang, Noor Hayaty Mustapha, 48, is seeking a declaration that the election results for the parliamentary seat held on May 9 is void and also a declaration that BN-Umno's Hafez Musa was not duly elected or ought not to have returned.

She named Hafez, Returning Officer Matlin Dullah and the Election Commission of Malaysia as the first, second and third respondent, respectively.

In Friday's proceedings, counsel Tengku Fuad Tengku Ahmad, who represented the first respondent in each petition, informed the court that he is applying for two weeks' time to file preliminary objections to the petitions.


Judge Lee ordered the notice of application in respect of preliminary objection be filed on Aug 1 for the petition of Noor Hayaty and Siriman and Aug 8 for Martin.

He also ordered the second and third respondent in each petition to appoint counsel by July 7.

The court fixed case management on Aug 8 for the petition of Siriman and Noor Hayaty and Aug 15 for Martin, all via tele-conference.

Noor Hayaty is represented by counsel Chung Jun Dau, Martin by counsel Jaikol Situn and Nelson Angang, Siriman by counsel Baldev Singh and Stella Simon.

The second respondent in each petition were not present in Friday's proceedings, while Izmat Razwan Mamat of EC Sabah appeared as a representative for the third respondent in each petition. - Jo Ann Mool

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