Musa seeks to strike out polls writ
Published on: Wednesday, July 25, 2018
Kota Kinabalu: Former Chief Minister Tan Sri Musa Aman (pic) is applying to strike out the election petition filed by Parti Warisan Sabah (Warisan), seeking to nullify his victory in the Sungai Sibuga State seat in the 14th general election.Kuching based High Court Judge Azhahari Kamal Ramli during case management of the petition on Tuesday was informed through video teleconference by Musa's counsel Rizwandean Bukhary M Borhan that they received instruction to file notice of Motion for the striking out.Together with Rizwandean are counsel Mohd Reduan Aklee and Azhier Farhan in representing Musa.
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They also told the court that they just filed notice of appointment on July 23.Warisan's Sungai Sibuga candidate Asmara Abdul Rahman, 63, named Musa, the Returning Officer and the Election Commission of Malaysia as the first, second and third respondents, respectively.He is seeking a declaration that the election for Sungai Sibuga held on May 9 is void and that Musa was not duly elected or ought not to have been returned.The court directed the first respondent to file the notice of motion together with the affidavit in support of the motion within two weeks on Aug 14 and for the petitioner to file Affidavit in Opposition to the notice of motion on Aug. 21 and for the first respondent to file Affidavit in Reply on Aug. 28.
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The court also set Sept 4 for hearing of the striking out matter and fixed Sept 5 to deliver its decision, both at the Sandakan High Court. Azhahari also fixed Sept. 18-28 for trial of the petition (in the event that the striking out application disallowed) in Sandakan High Court.The petitioner stated that the election of the first respondent at/during the said election is void on the grounds whether singly or cumulatively that general bribery under Section 32(a) of the Election Offences Act 1954, that have so extensively prevailed that they may be reasonably supposed to have affected the result of the said election.
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The petitioner also claimed that there was at the material time or times before or during the said election a corrupt practice under Section 32(c) of the Election Offences Act 1954 committed in connection with the said election by the first respondent or with his knowledge or consent or by any agent of him.The petitioner avers that such act of giving money or monies to the electors or voters to induce them to vote for BN candidates including the first respondent during the said election.The petitioner claimed, among others that the first respondent was in his capacity as Sabah Umno chief issued or was instrumental in issuing the substantial amount of money to the PKRs for distribution to the voters in Sungai Sibuga and that the first respondent appointed those people to carry out the task on his behalf through the PKR as his agent using the bribery system.The petitioner was represented by counsel Zaleha Yusuf Pan and Majnah Abdillah while the second and third respondents were represented counsel Muammar Julkarnain, Japar Esteban, Abdul Fikry Jaafar Abdullah and Norlaily Annuar.Meanwhile, the court also set Sept 4 to hear the striking out application by Datuk Zakaria Mohd Edris of BN-Umno, whose victory is being challenged by Warisan's candidate in the election petition for the Libaran parliamentary seat.The petitioner Irwanshah Mustapha named Zakaria, the Returning Officer and the Election Commission of Malaysia as the first, second and third respondent.He is seeking for a declaration that the election for Libaran parliamentary seat held on May 9 is void and Zakaria is not duly elected or ought not to have been returned.Zakaria's counsel, Rizwandean, Mohd Reduan, Azhier also informed the court that they have instruction to file notice of motion to striking it out.The court directed the first respondent to file the notice of motion and the affidavit in support on Aug 14 and for the petitioner to file an Affidavit in Opposition on Aug 21 and for the first respondent to file Affidavit in Reply on Aug 28.The court fixed Sept 5 to deliver its decision on the striking out application in Sandakan High Court.Azhahari also set Oct 8-26 for trial of the petition (in the event that the striking out application disallowed) in Sandakan High Court.Stay up-to-date by following Daily Express’s Telegram channel.
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