Anifah, Joniston in bid to stop poll petitions
KOTA KINABALU: The Election Court here which heard the applications by Kimanis MP Datuk Seri Anifah Aman and Kiulu assemblyman Datuk Joniston Bangkuai to strike out the election petitions filed by Parti Warisan Sabah candidates yesterday fixed October 2-3 to deliver its decisions.
Judge Supang Lian set the dates after hearing in open court both the grounds of submissions of those applications by Kimanis and Kiulu incumbents for hours since Thursday morning until 4.30pm and yesterday.
The judge also made a decision within the hearing yesterday to strike out two respondents for the Kiulu election petition, namely the Returning Officer (RO) and Election Commission (EC).
She made the order after allowing an application by the two respondents through their counsels, who stated in their applications that the petition did not concern both of them.
Moreover, there was no allegation in the Kiulu election petition against the two parties.
Parti Warisan Sabah candidates Datuk Karim Bujang for Kimanis and Jo-Anna Sue Henly Rampas for Kiulu, had filed their election petitions to challenge the results in both constituencies in the 14th general election, on June 18 at the High Court here.
Karim had named Anifah@ Haniff Amman as the first respondent while the RO and EC as second and third respondents respectively, while Jo-Anna had named Joniston Lumai @ Bangkuai, the RO and EC as the first, second and third respondents respectively.
However, Joniston is now the sole respondent for the Kiulu election petition.
In their striking out applications, Anifah and Joniston raised among others grounds on Section 38 (1) (a) of the Election Offences Act 1954 which argued on alleged corrupt practice relating to the payments of money which ought to be presented within 28 days of the said payments.
Anifah had added in his application's submission on the said section after the Sandakan Election Court had struck out the election petitions of Sungai Sibuga and Libaran on September 18 to question the victory of Tan Sri Musa Aman and Datuk Zakaria Mohd Edris, respectively, based on the petitioners' failure to comply with the said section.
Counsel, who represented Parti Warisan Sabah candidates for Kiulu were Mary Gomez and Edina Sung Burongoh, while for Kimanis, were Rebecca Thong, Raymond Sze Tu, Tiong Jia Yi, Song Wei Wan and Chua Kuan E.
Joniston was represented by counsel Tengku Fuad Tengku Ahmad while counsel for Anifah were Hj Ansari Abdullah, Tengku Fuad and Rizwandean Bukhari M. Borhan.
For Kiulu's RO and EC, four counsel represented them, namely Japar Esteban, Muammar Julkarnain, Syahrulnizam Salleh and Shahlan Jufri and for RO and EC for Kimanis, counsels Japar, Muammar, Shahlan, Syahrulnizam, Abdul Fikry Jaafar Abdullah and Faizal Sardi acted for them.