Court allows inspection of Kimanis election documents
KOTA KINABALU: The Election Court here yesterday allowed an application by Parti Warisan Sabah candidate Datuk Karim Bujang to inspect documents such as the unused and spoilt ballot papers, the marked copies of electoral rolls and the counterfoils of the ballot papers for the Kimanis Parliamentary seat in the 14th General Election in May, 2018.
Justice Lee Heng Cheong granted the discovery application by the petitioner with cost of RM5,000 against the first respondent in the petition against Datuk Seri Anifah Aman but no order as to costs for Kimanis returning officer and Election Commission (EC), who are the second and third respondents respectively.
In Karim’s notice of application, he applied for an order that EC should make the documents available at the EC’s office within two days from the order of the court.
Karim also applied for an order that he or his agents be allowed to inspect and take copies of the documents at the same office.
The petitioner also applied for an order that on first inspection day, there would be an inspection of the sealed packet or envelopes affixed with security tapes by the petitioner or his agents in the presence of a court bailiff, prior to the breaking of the security tapes affixed to the packet or envelopes containing the documents.
He also asked for the parties to be at liberty to apply, cause in the costs and any other orders the court deems just and fit to grant.
On February 18, Karim’s election petition to challenge the victory of Kimanis incumbent, Anifah who was former Foreign Affairs Minister, was ordered for a trial after the Federal Court in Putrajaya set aside the Court of Appeal’s decision of affirming the verdict of the Election Court in Kota Kinabalu.
The Election Court here had on November 19, 2018 struck out the petition with costs.
Karim was represented by counsel Frederick Chang and Syaiful Sufyyian Sidin, counsel Rizwandean Bukhari M. Borhan and Wilson Chang Khai Sim acted for Anifah while the EC was represented by counsel Faizal Sarbi and Abdul Fikry Jaafar Abdullah.
Meanwhile, the trial of an election petition filed by the Parti Warisan Sabah candidate for Sipitang parliamentary seat to challenge the victory of former Sabah Chief Minister’s son, Yamani Hafez Musa will start on April 8 at the Election Court here.
Justice Azhahari Kamal Ramli fixed the trial dates between April 8 and July 31 in his chambers when the petition came up for case management yesterday.
On February 18, the election petition of Sipitang candidate for Warisan, Norhayaty Mustapha, was ordered for a trial after the Federal Court in Putrajaya set aside the Court of Appeal’s decision of affirming the Election Court in Kota Kinabalu’s decision.
The Election Court here had on October 15, 2018, struck out the petition with costs.
In her petition, Norhayaty is challenging the victory of Yamani in the 14th General Election (GE) held in May, 2018.
She had named Yamani, Sipitang returning officer and Election Commission (EC) as the first, second and third respondents respectively.
Norhayaty was represented by counsel Chung Jiun Dau, Melanie Tann Mei Yan and Mohammed Fareez Mohammed Salleh. The EC was represented by counsel Faizal Sarbi and Abdul Fikry Jaafar Abdullah, while Yamani was represented by counsel Rizwandean Bukhari M. Borhan and Azhier Farhan Arisin.