Published on: Friday, August 23, 2013
Majlis Lubok, 33, said thus he did not raise any objection about it after the process of vote counting was completed.
"How could I object (on the number of votes obtained by candidates) when the presiding officer did not announce the final tally of votes obtained by each candidate?" he said.
Majlis said this when cross-examined by Senior Federal Counsel Noerazlim Saidil, who represented the Returning Officer and Election Commission as the second and third respondent, respectively, before Judge Datuk Yew Jen Kie.
The petition which, among others, questioned the issue on Form 14 that was not given to PKR agents when they demanded it, was filed by PKR candidate Datuk Maijol Mahap against Kota Marudu MP Datuk Dr Maximus Ongkili as the first respondent.
However, on Aug 3, Ongkili's name was struck out from the petition after Yew allowed his preliminary objection to strike out the petition against him.
Yew, however, maintained Ongkili's name as the first respondent since he is the interested party and the result of the petition against the second and third respondents will affect him.
Maijol is represented by counsel Fulton Mark Sitiwin, while Ongkili was represented by Chin Tek Ming.
In the election, BN candidate Ongkili won the four-cornered fight by 842 votes against his closest rival Maijol after obtaining 15,168 votes.
Maijol obtained 14,326 votes, while Star candidate Majamis Timbong and SAPP candidate Yuntau Kolod only managed to garner 2,228 and 444 votes, respectively. Majlis also disagreed that he was given a certified copy of the Form 14.
"The Presiding Officer did ask me to sign the Form 14 but when I asked for it, he said they were not instructed by the District Officer to give the Form 14 to the agents or polling agents after the counting of votes," he said.
According to the Form 14 and the score sheet shown by the SFC which Majlis read to the court, BN received 50 votes, PKR 74 votes, Star 3 votes and SAPP did not receive any.
Majlis disagreed that he signed the Form 14 which was handed to him by the presiding officer only because he saw that PKR had won by 74 votes to BN's 50 votes.
During re-examination by Mark, Majlis said he was not given ample time to scrutinise the details of the Form 14.
Meanwhile, another PKR counting agent, Jabinson Jaunar, 29, who was based at SK Tanjong Batu, also testified that he was not given a copy of the Form 14.
Jabinson testified that the Presiding Officer had asked him to sign the Form 14, which he duly signed, but when he asked if there is a copy for him, the Presiding Officer said there is not any.
"The Presiding Officer said, according to the District Officer, don't give the Form 14 to agents," he said.
However, unlike Majlis who was not allowed the time to check the details of the Form 14 before signing it, Jabinson testified that he was given the time to examine the Form 14 prior to putting down his signature on it.
According to the document, Jabinson read that the Star candidate obtained 19 votes, BN 211 votes, SAPP 9 votes and PKR 133 votes.