COA says Rantau election officer's appeal beyond its jurisdiction

The Court of Appeal said today that it has no jurisdiction to hear Election Commission returning officer Amino Agus Suyub's appeal and stay against his three-month jail sentence for contempt.

Justice Hamid Sultan Abu Backer questioned whether the appeal and stay were within the jurisdiction of the appellate court bench, since it was a committal and contempt proceeding by an Election Court – appeals against which should be heard by the Federal Court.

The court was persistent that it had no jurisdiction in the matter.

Amino's lawyers, G Rajasingham and K Satya, said that they would prepare papers to be filed at the Federal Court tomorrow and to apply for an urgent hearing.  

Last week, Election Court judge Justice Azimah Omar found Amino guilty of contempt for attempting to coach assistant returning officer Daing Muhamad Rahimi on how to answer questions in the election petition trial for the Rantau seat.

PKR candidate Dr S Streram (photo) had filed the election petition after he was not allowed to submit his nomination papers at the centre on April 28, which resulted in BN candidate Mohamad Hasan winning the seat uncontested.

In his affidavit of support, Amino said he sent Daing a news report on the court proceedings on Oct 2, and a text message the next day at 8.42am.

Daing, who testified on the day, told the court that he last communicated with Amino the night before.

Amino's lawyer verified the exchange, and he was issued a show-cause letter on Oct 10.

According to the affidavit, Amino had trouble understanding the charge of contempt against him as he did not have the particulars of the purported offence, but apologised to the court nonetheless.

Azimah did not accept the apology on the grounds that Amino was interfering in the proceedings and the administration of justice, and subsequently found him guilty of contempt.- Mkini