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Anifah, Joniston to know Oct 2, 3
Published on: Saturday, September 22, 2018
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Anifah, Joniston to know Oct 2, 3
Kota Kinabalu: The Election Court will deliver its decision in early October on the preliminary objection raised by Kimanis MP Datuk Seri Anifah Aman and Kiulu Assemblyman Datuk Joniston Bangkuai to strike out the election petitions filed against them by defeated Warisan candidates.Sibu High Court Judge Supang Lian on Friday fixed the date for the decision of Anifah's application to strike out Datuk Karim Bujang's election petition after listening to the argument from both sides, Thursday.

She set Oct 3 for the decision of a similar application in the Kiulu election petition.

Anifah, the Returning Officer and Election Commission were named as first, second and third respondent, respectively, in the election petition filed by Karim.

Karim is seeking that Anifah was not duly elected as the Member of Parliament for Kimanis and as such be declared void.

Meanwhile in the Kiulu petition, Jo-Anna Sue Henley Rampas, who was Warisan's candidate, named Joniston, the Returning Officer and Election Commission as the first, second and third respondent, respectively.

On Friday, Supang struck out the second and third respondents as parties, granting the application to do so by their counsels on the grounds that the allegations were only against Joniston.

Earlier, counsel Tengku Fuad Tengku Ahmad, representing Joniston together with counsel Henry Gudid, raised seven grounds in the preliminary objections.

Submitting, among others, on the petitioner's allegation of corrupt practice relating to giving money, Tengku Fuad said that in order to impugn and to void the election, the petitioner ought to have presented the petition within 28 days of the said payment.

The offence alleged in the petition ranged from May 8 to May 14, said Tengku Fuad, adding that, the petition was presented on June 18 and therefore, pursuant to Section 38(1)(a) of the Election Offences Act 1954, it was presented out of time and ought to be struck out.

Taking May 14 as the latest date the first respondent had allegedly committed corrupt practice, the last day to present the petition would be on June 11, submitted Tengku Fuad.

Jo-Anna is represented by counsel Mary Florence Gomez and Edina Sung Burongoh while the second and third respondent were represented by Muammar Julkarnain, Syarulnizam Salleh and Shahlan Jufri.

In the Kimanis petition, Karim is represented by counsel Raymond Szetu, Song Wei Wan, Tiong Jia Yi, Thong Fei Eng and Chua Kuan E while the first respondent is represented by counsel Tengku Fuad Tengku Ahmad and Ridwandean Borhan.

The second and third respondents were represented by counsel Japar Estaban, Muammar, Faizal Sarbi and Abdul Fikri Abdullah. - Jo Ann Mool





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