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Tuesday, August 29, 2023

Election Court sets October for Segamat GE15 petition full trial

The Election Court has fixed nine days in October to hear BN candidate M Ramasamy’s election petition to quash Pakatan Harapan’s victory in Segamat during the 15th general election.

Counsel Lau Yi Leong, who is acting for the respondent Segamat MP R Yuneswaran, confirmed the full trial dates for the BN candidate’s election petition.

“The dates are Oct 2 to 5, Oct 9 to 11, and Oct 23 to 24,” the lawyer told Malaysiakini of the outcome of the case management before the Election Court yesterday.

Lau added that a new judge - Rohani Ismail - will hear the election petition.

Earlier this year, Election Court judge Mohd Radzi Abdul Hamid allowed Yuneswaran’s preliminary objection and struck out Ramasamy’s (above) election petition without hearing its merits in a full trial.

Radzi ruled that the petition should not be based on inferences or assumptions but on facts and that the petition did not contain accurate and clear material facts.

However, on Aug 18, the Federal Court allowed Ramasamy’s appeal to reinstate the election petition, ordering the legal action to be subjected to full trial and presided over by a new Election Court judge.

The apex court directed the lower court to hear the election petition over two issues, namely the alleged bribes to voters as well as on campaign materials that allegedly contravened election rules.

The Federal Court ruled that the procedural irregularity in the election petition was not a fatal and insufficient ground for the lower court to strike it out.

Corruption claim

In last November’s general election, Yuneswaran emerged the victor in Segamat with 5,669 votes ahead of the MIC candidate and two others.

Segamat MP R Yuneswaran

Through the election petition, Ramasamy claimed that Yuneswaran had “corruptly” given food to voters during an event at the Chinese temple in Johor to influence them.

The BN candidate lodged a police report on the matter, accusing Yuneswaran and his agents of violating election rules on campaign material.

Apart from this, he also claimed the Harapan candidate distributed food parcels to voters when campaigning.

Muhammad Shafee Abdullah represented Ramasamy. - Mkini

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