Streram's misfeasance in public office suit to go on trial

The misfeasance suit against the Election Commission (EC) and its returning officer Amino Agus Suyub by PKR's Rantau candidate in the 14th general election, Dr S Streram, will go on trial.

This follows Judicial Commissioner Darryl Goon of the High Court in Kuala Lumpur today dismissing the striking out application filed by the EC.

Justice Goon ruled that the election petition filed by Streram did not prohibit him from filing the misfeasance suit, resulting in him not being able to contest.

Furthermore, according to Streram's lawyer Mohd Haniff Khatri Abdulla, there is no case law to say that an election officer is not a public officer.

"For these reasons, Justice Goon ordered the matter proceed to trial and directed the EC to file their defence," Haniff said.

The decision was made in chambers. According to the lawyer, the High Court fixed Nov 2 for case management.

Besides filing the election petition, for which the striking-out application filed by Umno deputy president Mohamad Hassan was dismissed and a trial set was set for this month, Streram had also filed the misfeasance in public office suit.

This suit is for not being able to contest against Mohamad, the former Negeri Sembilan menteri besar, who retained the seat by winning it uncontested.

Streram had on May 7, filed a RM7.6 million misfeasance in public office suit against Amino and the EC's actions which resulted in him being unable to contest the 14th general election.

In his statement of claim, Streram alleged that the defendants failed in their responsibilities under the Election Commission Act 1958 which resulted in him not being able to contest the state seat after obtaining an appointment letter from his party.

As a result, he added, Mohamad won the Rantau seat uncontested.

He said the EC's failure to accept his nomination has violated his constitutional rights.

Streram is seeking RM5 million in general damages, RM2.6 million in exemplary damages and other relief deemed fit by the court. -Mkini