Decision today on bid to stop Shafie
The High Court will decide today whether to grant leave for a judicial review applica on not to allow Warisan president Datuk Seri Mohd Shafie Apdal to vote and be a candidate in the 14th General Elec on.
KOTA KINABALU: The High Court here will decide today, Tuesday whether to grant leave for a judicial review application for an order from Election Commission (EC) not to allow Parti Warisan Sabah (Warisan) president Datuk Seri Mohd Shafie Apdal to vote and be a candidate in the 14th General Election (GE14).
Justice Azhahari Kamal Ramli will deliver his verdict today at 11 am after hearing arguments raised by parties in chambers yesterday from 2.30 pm until 3.10 pm.
The applicant, Datuk Mohd Ainal Haji Abdul Fattah, had on April 17 filed an ex-parte application through Nurul Rafeeqa Marcel Advocates via e-filing naming the Election Commission and Shafie as the first and second respondents respectively.
In his leave application, the applicant sought: (a) An order of mandamus against the EC to restrain Shafie from voting in any election and/or being nominated for any election and/or being elected in any election conducted by the EC, including the GE14; (b) An order of prohibition to the EC to disallow Shafie from voting in any election and being nominated for any election and being elected in any election conducted by the EC, including the GE14; (c) An order of mandamus to EC to vacate the seat should Shafie be elected at any election conducted by the EC, including the GE14; (d) A declaration that the election of Shafie in any election conducted by EC and/or the nomination of Shafie in any election conducted by EC is null and void, including the GE14; (e) Damages against Shafie for alleged abuse of power and unconstitutional action; (f) A mandatory injunction on Shafie and his servants or agents to make restitution of all monies and funds in the sum of RM7,500,000, allegedly entrusted to Shafie and his servants or agents during his tenure as Minister of Rural and Regional Development in the Federal Cabinet of the Government of Malaysia; (g) A declaration that Shafie is allegedly liable and/or obliged to make restitution of all monies and funds in the sum of RM7,500,000 allegedly entrusted to Shafie and his servants or agents during his tenure as the said minister; (h) Costs and any other remedies deemed fit by the court.
When met outside the court, Senior Federal Counsel, Andi Razalijaya A. Dadi, said that yesterday was fixed for hearing and that they, representing the State Attorney-General of Sabah, had forwarded six objections to the leave application by Mohd Ainal.
Andi Razalijaya said they had submitted, among others, that the leave application was academic as the nomination day is over.
“It is academic, because the applicant is asking for a mandamus order against Shafie to vote or to be nominated, of course, nomination day is over, so it is academic,” explained Andi Razalijaya.
Secondly, Andi Razalijaya submitted that to get a mandamus order or to restrain Shafie to vote was misconceived because the applicant had only alleged that Shafie is charged or has criminal background on the millions ringgit probed by the Malaysian Anti-Corruption Commission, but there has been no charge nor any conviction against Shafie.
“Why should the court give a mandamus order or to prohibit Shafie to vote when he has no conviction so far?” Andi Razalijaya disclosed on their second contention against the leave application.
Andi Razalijaya further argued that in the leave application, it was also stated that other relief asked by the applicant for the court to vacate the seat if Shafie won in any election was a completely wrong mode application.
“It should have gone by way of an Election Petition, as it is premature, because there is no decision yet, there is no election or winning of an election. So we can’t ask the court to order something that has not happened yet,” said Andi Razalijaya.
When asked on the points raised by counsel Marcel Jude Joseph, who acted for the applicant, Andi Razalijaya said that they raised issues on constitutional and public interest.
Andi Razalijaya was assisted by Senior Federal Counsels Azizan Md Arshad, and Nik Azrin Zairin, and Federal Counsel Doreen Patrick, while Shafie was represented by counsels Datuk Douglas Lind and Ching Jiun Dau.