Thursday, August 1, 2013
PKR botches Baram petition, forced to withdraw
A technical error forced PKR's lawyers to withdraw an election petition against the election results for the Baram Parliamentary constituency, which BN won with a razor thin majority.
According to Baru Bian, counsel for petitioner Roland Engan, his team was forced to withdraw after there were insufficient copies of the petition with the Miri High Court.
He explained that his team had filed three copies of the petition - two for the court's file, as required by court regulations, and another for use by the court.
However, problems arose when the petition's lawyers could not serve the petition on Anyi Ngauin, who won the Baram seat with a 194 vote majority.
"So we had to go on substitute service, where by the court takes out a copy (from the file) and pins it on the High Court notice board, so there was only one copy left," said Baru.
Baru said that the High Court did try to contact his team to get another copy but were unable to reach him. Baru's practice is based in Kuching.
He added that since the court recognised that the withdrawal was due to a technical matter, there was no orders for cost.
The case was supposed to be heard today. Baru's team were unable to file a fresh petition because the deadline was June 12.
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