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Thursday, September 20, 2018

Polls petitions: Court reserves Kimanis ruling until hearing of Kiulu case


Lawyers Ansari Abdullah (left) and Ridzwandean M Borhan at the Kota Kinabalu court complex today.
KOTA KINABALU: The Election Court will fix a date later for a decision on an application to strike out the election petition filed by Warisan to nullify Anifah Aman’s win in the Kimanis parliamentary constituency in the May 9 polls.
Judge Supang Lian made the ruling here today after hearing submissions from Anifah’s legal team, that included lead counsel Ansari Abdullah, Tengku Fuad Tengku Ahmad and Ridzwandean M Borhan, and Warisan’s lawyers, Tiong Fei Eng and Tiong Jia Yi.
Warisan’s candidate Karim Bujang had named Anifah, the returning officer and the Election Commission as the first, second and third respondents.
In the same court, Supang also postponed till tomorrow the hearing of the striking-out application for Warisan’s election petition against Joniston Bangkuai, who is a PBS Supreme Council member, for his win in the state seat of Kiulu.

She said she will reserve her ruling for Kimanis until after hearing the Kiulu case.
Jo-Anna Sue Henley Rampas had named Bangkuai, the returning officer and the EC as the first, second and third respondents. Her legal team was led Mary Gomez.
Earlier, Supang dismissed an application to amend the Kimanis election petition, which was filed on June 18, by the Warisan legal team.
Speaking to reporters later, Ansari said the petitioner had applied to include a fresh copy of his client’s election expenses returns, claiming the old one was inaccurate.
“They are claiming the respondent’s (Anifah) election expenses returns are not accurate because it did not include the allowance of Jalinan Rakyat.”
Asked what was “Jalinan Rakyat”, he said: “I don’t know. They have not specified who set this up.”
He said Supang had rejected the application because any amendment to an election petition should be made within 28 days of an alleged corrupt practice.
Earlier, Ansari had told the court that the petitioner had failed to state who set up Jalinan Rakyat, when it was done and how it worked.
“The most vital part is the flow of money described in the allegations … it had not mentioned the source and amount.
“That is why in our submissions, we keep on repeating how the allegations are related to my client and how the allegations have affected the results. That was not specified,” he said.
On Tuesday, former Sabah chief minister Musa Aman retained his Sungai Sibuga state seat after the Election Court in Sandakan struck out Warisan’s petition to nullify his win in the 14th general election.
Kuching-based High Court judge Azhahari Kamal Ramli, who presided over the Election Court, dismissed the petition of Warisan’s Sungai Sibuga candidate Asmara Abdul Rahman.
In the same court, Azhahari also struck out another Warisan petition against Zakaria Edris for the Libaran parliamentary seat. The petition was filed by Warisan’s Libaran candidate Irwanshah Mustapha. -FMT

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