Panel's independence in question over polls petitions

The results of the election petition cases in Kuala Lumpur had seen an odd result when PAS had to fork out RM70,000 to pay costs alone for its election petition loss in Titiwangsa, that includes RM40,000 to the Election Commission (EC) and the remainder to BN.

What makes the case strange is that the senior federal counsel from the Attorney-General’s Chambers representing the EC and returning officer, had applied for costs from the PAS candidate in Titiwangsa but did not apply for any against BN’s Batu candidate when they lost in their petition.

Both the EC and returning officer were named as respondents in the petitions, but observers query the differing treatment accorded to the opposition and the ruling BN party as one may observe in court.

This resulted in an argument during the determination of costs inside court.

Outside court, lawyer Edmund Bon (left) and Batu MP Tian Chua said the EC’s independence is in question as the commission’s actions had resulted in utter confusion in the election process and there has to be continuous public pressure to rectify this to ensure the country has an independent electoral panel.

“One cannot deny there are problems in the EC’s independence following this issue. All Malaysians must stand up to work and ensure a fair and free constitutional institution (EC) which will guarantee free and fair elections,” Bon said.

Throughout the proceeding in the Batu petition, Bon said the EC had not been defending Tian Chua’s position when they raised the issue of the RM2,000 fine, whereas the election panel had issued a letter several days before nomination day confirming he could contest.

The PKR vice-president said while he is thankful at the decision, the episode showed in court shows the EC is not a professional or neutral body.

“It seems the EC is clearly siding with BN in court, and although Batu had been defended we must continue the fight over the election process and the body overseeing it.

“The petition is not the only way but what is important is that all people, including in Pakatan Rakyat, should work together towards reforming our electoral system and fight for the independence of the EC,” said Tian Chua.

Bon asked for costs against EC

During court proceeding after Justice Zabariah Mohd Yusofdelivered her judgment, Bon had applied for the EC to also pay costs of RM40,000 as the lawyers had to bear the brunt of the submission in defending the EC and the election results.

In court proceeding earlier, it was reported that EC had sided with BN when they did not raise any objection over Tian Chua’s RM2,000 fine issue despite a letter being issued by the EC secretary Kamaruddin Baria.

However, senior federal counsel Amarjeet Singh retorted in court that since Bon was applying for costs of RM40,000 from the EC, he is making an application for Tian Chua to pay costs of RM60,000 despite winning the polls petition case.

Amarjeet’s colleague, Alice Loke, had earlier applied for costs of RM50,000 against PAS Titiwangsa candidate Ahmad Zamri Asa’ad Khuzaimi.

In the end, Justice Zabariah only allowed Batu BN candidate Dr Dominic Lau to pay RM50,000 costs to Tian Chua.