Returning officer gets stay of execution of three months jail pending disposal of his appeal

PUTRAJAYA: A returning officer for the Rembau parliamentary seat was granted a stay of execution of his three months jail imposed on him for contempt of court for coaching a witness in an election petition.

Federal Court five-man bench led by Chief Justice Tan Sri Richard Malanjum granted Amino Agos Suyub the stay of execution pending disposal of his appeal on his sentence.

The judiciary’s top judge then sent the case back to the Court of Appeal for that court to hear Amino Agos’s appeal after ruling that the Court of Appeal has the jurisdiction to hear his appeal over his contempt although the matter arose from an Election Court.

Malanjum said the Election Court judge Datuk Azimah Omar was sitting as a High Court judge exercising her powers under Article 126 of the Federal Constitution on the contempt.

He said Amino Agos would be deprived of the two-tier appeal if his matter were not heard by the Court of Appeal.

Lawyer Mohamed Haniff Khatri Abdulla who appeared for petitioner Dr S. Streram informed the court that he was not objecting to the stay of execution application on the basis that Amino Agos must have his appeal rights exhausted.

The other judges presiding on the bench were Court of Appeal President Tan Sri Ahmad Maarop, Chief Judge of Malaya Tan Sri Zaharah Ibrahim and Chief Judge of Sabah and Sarawak Datuk David Wong Dak Wah and Federal Court judge Tan Sri Ramly Ali.

Lawyers G. Rajasingam representing the Election Commission ( EC) and Amino Agos and Datuk Wira Mohd Hafarizam Harun appearing for Rantau state assemblyman Datuk Seri Mohamad Hasan were of the view that the appellate court could hear the appeal although the matter arose from an election court.

Mohd Hafarizam said the contempt was not an issue of the election petition thus the Court of Appeal has the jurisdiction to hear the appeal.

Mohamed Haniff Khatri, however, said the contempt issue arose from the election petition and according to statutes, election petitions appeals would go straight to the Federal Court.

On Monday, the appellate court stayed the hearing proceedings of the stay of execution and requested Rajasingam to get the Federal Court to decide on whether it (the appellate court) had the jurisdiction to hear the matter as the case originated from the Election Court.

Meanwhile, Rajasingam also informed the Court of Appeal today of the apex court’s ruling and the appellate court have set tomorrow for Rajasingam to withdraw his application for a stay of execution since the stay have been granted by the Federal Court.

Last Wednesday, Azimah found Amino Agos guilty of coaching a witness in an election petition brought by Dr Streram, a Pakatan Harapan candidate and had sentenced him (Amino Agos) to three months’ jail.

Dr Streram had filed an election petition seeking to nullify the EC’s decision to declare Umno’s Mohamad Hasan as the winner of the Rantau state seat, one of four state seats under Rembau.

Mohamad won the seat unopposed after Amino Agos refused to allow Dr Streram into the nomination centre as he did not have a valid pass issued by the EC.

Amino Agos then filed a notice of appeal against the Election Court’s ruling and also for a stay of execution of his sentence pending disposal of his appeal.

In his defence, Amino Agos denied he had the intention to coach the witness, Daing Muhamad Rahimi, the assistant returning officer for the constituency on nomination day during the 14th General Election, on how to give his statement in court.

He claimed the WhatsApp message to the witness was sent as a way to vent his feelings.

Outside the court, Rajasingam told reporters the appeal would go for a case management on another day yet to be fixed by the court. — Bernama