The Borneo Post (Sabah)

Applica on to restrain Shafie dismissed

- By Suraini Andokong

An applica on for leave for a judicial review to order the Elec on Commission to restrain Par Warisan Sabah president Datuk Seri Mohd Shafie Haji Apdal from vo ng and/or nominated in any general elec on was dismissed by the High Court here yesterday.

KOTA KINABALU: An applicatio­n for leave for a judicial review to order the Election Commission (EC) to restrain Parti Warisan Sabah president Datuk Seri Mohd Shafie Haji Apdal from voting and/or nominated in any general election, including today’s 14th General Election (GE14), was dismissed by the High Court here yesterday.

In his reserved decision, Justice Azhahari Kamal Ramli dismissed the applicatio­n for leave for a judicial review made by the applicant, Datuk Mohd Ainal Haji Abdul Fattah, and ordered him to pay RM10,000 cost to each party involved in this case.

The verdict was delivered in the judge’s chambers at 11am sharp and the involved parties were seen coming out of the room about 20 minutes later.

When met outside the court, Senior Federal Counsel Andi Razalijaya A. Dadi, who acted for the State Attorney-General of Sabah, said that the leave applicatio­n was dismissed with costs of RM10,000 to be paid to each party.

When asked by reporters, Andi Razalijaya explained that the leave applicatio­n was dismissed because of a technicali­ty, as the affidavit in support of the applicant was filed late and was in contravent­ion to Order 53 Rule 3 (2) of the Rules of Court 2012.

He also said that the other ground was that the applicant had no locus standi to file the applicatio­n.

“The applicant has not shown that he was adversely affected by the allegation­s against Shafie or by whatever investigat­ions by the Malaysian Anti-Corruption Commission now, so, in particular, in this Order 53 of the same Rules, it was not shown by the applicant that he has passed the test of being adversely affected for a judicial review,” explained Andi Razalijaya.

Apart from that, he said the leave was not granted as it was academic and the court had no jurisdicti­on on one of the prayers in the leave to vacate the seat and to declare null and void (the seats) for an election (if Shafie wins).

“The court has no jurisdicti­on because it must be by the Election Court by way of an Election Petition, hence it was frivolous and a vexatious action,” added Andi Razalijaya on the other reason for the court to dismiss the applicatio­n.

The applicant had on April 17 filed an ex-parte applicatio­n through Nurul Rafeeqa Marcel Advocates via e-filing naming the Election Commission and 61-yearold Shafie as the first and second respondent­s respective­ly.

In his leave applicatio­n, the applicant, who is an Umno member had 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 against the EC to disallow the 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 the EC to vacate the seat of Shafie, if Shafie is elected at any election conducted by the EC, including the GE14;

(d) A declaratio­n that the election of Shafie in any election conducted by the EC and/or the nomination of Shafie in any election conducted by the EC is null and void, including the GE14;

(e) Damages against Shafie for alleged abuse of power and unconstitu­tional action;

(f) A mandatory injunction to 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.

Meanwhile, counsel Chung Jiun Dau, who represente­d Shafie, told reporters that the applicatio­n to strike out the leave applicatio­n by Mohd Ainal was allowed by the same court.

According to Chung, the grounds of Shafie’s applicatio­n, which was filed on April 23, were that the applicatio­n for leave for judicial review disclosed no reasonable cause of action, is scandalous, frivolous, vexatious and an abuse of the process of the court.

Andi Razalijaya was assisted by Federal Counsel Doreen Patrick, counsel Datuk Douglas Lind acted for Shafie and counsel Marcel Jude Joseph represente­d Mohd Ainal.

Shafie will be contesting today for the Semporna parliament­ary seat, which Shafie won in the 13th general election under the UmnoBN ticket with a 20,905 votes majority against PKR, and also for the Senallang state seat, where he will meet incumbent Dato Seri Nasir Sakaran of Umno-BN in a straight fight.

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 ??  ?? Douglas (right) chats with Andi Razalijaya (left) after the verdict. Also seen is Chung (centre). Mohd Ainal and Shafie were not present in court yesterday.
Douglas (right) chats with Andi Razalijaya (left) after the verdict. Also seen is Chung (centre). Mohd Ainal and Shafie were not present in court yesterday.

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