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Thursday, January 16, 2014

Lubok Merbau seat stays with BN, court throws out petition on technical grounds again


The election court has for the second time dismissed a petition for the Lubuk Merbau state seat in Perak on technical grounds.
Judge Datuk Abdul Rahman Sebli, who allowed a preliminary objection by the respondents, said today the petition filed by Mohd Ridzuan Asit was defective.
"Therefore, the court has no jurisdiction to hear the merit of the case," he said.

Abdul Rahman also ordered Ridzuan to pay costs of RM30,000 each to Lubok Merbau assemblyperson Datuk Siti Salmah Mat Jusak of Barisan Nasional and the Election Commission.

Ridzuan, a petty trader, said he would instruct his lawyers to appeal in the Federal Court.
"My counsel was denied addressing the court last week. That decision left me without a competent lawyer to argue technical matters," he told The Malaysian Insider.

As a voter in that constituency, Ridzuan had filed the petition to nullify the May 5 election results because of bribery and an unusual number of spoilt votes.

Last week, the judge disqualified lawyer Chan Kok Keong from representing Ridzuan and instead ordered Ridzuan to make submissions.

Ridzuan then applied to disqualify Abdul Rahman on the grounds that he would be denied a fair trial. He also applied to stay proceedings pending an appeal in the Federal Court.

These applications, too, were dismissed.

On December  23, the Federal Court granted the opposition's appeal and ordered the Election Court to hear the merits of the Lubok Merbau petition.

In the 13th general election, Siti Salmah defeated PAS candidate Mohd Zainudin Mohd Yusof by 53 votes.

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