MIC won't appeal court decision vacating Cameron Highlands seat

MIC will not be appealing the Election Court's decision vacating the Cameron Highlands parliamentary seat, thus paving the way for a by-election.

MIC president S Vigneswaran said today the decision was made in light of the court's decision, the current political situation and party strategy.

"We decided to appeal to the people instead of the courts because the situation allows it," Vigneswaran said when contacted by Malaysiakini.

Cameron Highlands is a traditionally MIC-held seat. It was won by C Sivaraajh in the 14th general election in May with a 567-vote majority. However, the seat was declared vacant by the Kuala Lumpur Election Court in November, citing elements of graft during campaigning.

Sivarraajh has denied bribing voters and said he would be appealing against the ruling.

Vigneswaran confirmed this morning that MIC would be defending the seat in the coming by-election and that there was no need to first consult BN over the matter.

"We have a consensus (with BN). But we will discuss the candidate (list) with the BN leadership," he said.

Asked if Sivarraajh (photo) would once more be fielded to defend the seat, he said Sivarraajh's candidacy would be considered.

"Sivarraajh will be considered because the verdict clearly says that there was no evidence that he gave any bribes," Vigneswaran said.

To a question if he, himself, was considering contesting, Vigneswaran merely quipped, "you never know".

In her decision, Justice Azizah Nawawi stated that there was no need for the petitioner, DAP's candidate in the election, M Manogaran, to prove how the votes went, only that money was given.

She stated that this was proven from the testimonies given by the Orang Asli witnesses who came to court, who alleged that money was either given by three-term Jelai assemblyperson Wan Rosdy Wan Ismail or by Wan Rosdy's agents.

The Orang Asli comprise almost 20 percent of the Cameron Highlands voters.

Justice Azizah also stated: "It is sufficient to prove money was given, if not by the respondent (Sivarraajh), then by agents of the respondent.

"...therefore, I find that the corrupt practice was committed in connection with the election with the knowledge of the respondent." - Mkini