Bar raps EC for not taking action since Likas case

The Bar Council today described the revelations made in the Sabah Royal Commission of Inquiry as damning but took the Election Commission (EC) to task for not responding to the allegations in a legal battle over the Likas parliamentary seat over a decade ago.

The case cited by Bar Council chairperson Lim Chee Wee, was in 2001, the Harris Mohd Salleh v. returning officer Ismail Majin & others.

The case saw former Sabah chief minister Yong Teck Lee,  (left)having to vacate his seat after the Kota Kinabalu High Court ruled the Likas constituency electoral roll illegal and accordingly declared null and void the Likas constituency polls

Then High Court judge Muhammad Kamil Awang had described it as prevalent problem there in his written judgment.

"The instances of non-citizens and phantom voters in the electoral roll as disclosed in this trial may be the tip of the iceberg. 

"It could not be denied that the registration of voters in the Likas electoral roll was in contravention of the law. No one including the government department is above the law," the judge had said.

He added that it was common knowledge that an influx of illegal immigrants has plagued Sabah for some years. 

Litany of justice undermined

"The EC ought to be aware of the said influx, and when the said objections were raised, the EC should have held a public inquiry as prescribed by electoral laws.

"The exposure of fraudulent practices such as massive registration of phantom voters is time consuming.

"However, it has to be done if we wish to defend and preserve the meaningful practice of democracy in Malaysia. As custodians of free and fair elections, the SPR is duty bound to do it," said Justice Muhammad Kamil in his judgment.

Lim (right) said despite the court finding, the EC did not respond in any meaningful manner.

He said only after intense and prolonged pressure and demand from the people did the government respond by having the RCI.

"This is a serious indictment of the government's will and desire for a free and fair elections.

"This issue will cast a long and dark cloud over the integrity of the electoral roll for GE13 if there is no immediate action taken to act on the revelations of the Sabah RCI, such as a comprehensive and honest exercise to rid the roll of phantoms or ineligible voters," said the Bar Council chairperson.

In that particular court case, Justice Muhammad Kamil alsorevealed that he was put under pressure before delivering his decision. 

He wrote in his judgment that he was pressured to reject the complaints filed by two defeated candidates but did not say by whom.

"The only guide to a man is his conscience, the only shield to his memory is the rectitude and the sincerity of his action. 

"In my view, it is an insult to one's intelligence to be given a directive over the phone that these petitions should be struck off without a hearing, and above all, it is with prescience conscience that I heard these petitions. 

"God has given me the strength and fortitude, as a lesser mortal, to act without fear or favour, for fear of a breach of oath of office and sacrifice justice, and above all to truly act as a judge and not a "yes-man"," he wrote in his judgment.