Anifah fails in bid to review Kimanis election results

KIMANIS POLLS | Anifah Aman has failed in his final bid to challenge a Federal Court ruling which nullified his victory in the Kimanis parliamentary seat in the last general election.

The Federal Court's five-member bench led by Mohd Zawawi Salleh unanimously dismissed the former foreign affairs minister's review application in Putrajaya today.

Zawawi ordered Anifah to pay costs of RM100,000 to Parti Warisan Sabah candidate Karim Bujang, as well as RM50,000 each to the returning officer for the Kimanis parliamentary seat and the Election Commission.

Earlier, Anifah's counsel Tengku Fuad Tengku Ahmad, in his submission, raised the issue of bias by a panel of four judges of the Federal Court on Dec 2. The panel had dismissed his appeal to set aside the Election Court ruling, resulting in a by-election to be called in the constituency.

Zawawi ruled that bias has not been established in this case.

"After hearing the submissions, we find it failed to meet the threshold of Rule 137," he said.

"We are not persuaded that bias had been established on the four judges. When they were part of the bench in the hearing of the appeal, they were hearing on the issue of non-compliance of election law.

"There were no specific finding of facts in the first instance. On the second hearing (Dec 2), the appeal was heard in its substantive (the whole case). Bias has not been established in the present appeal (as well)," Zawawi ruled.

The panel today included Vernon Ong Lam Kiat, Abdul Rahman Sebli, Abang Iskandar Abang Hashim and Zabariah Mohd Yusof.

Tomorrow will be the nomination day for the Kimanis parliamentary by-election.

The by-election is on Jan 18.

When met later, Tengku Fuad said Anifah accepted the court's final decision but he would continue to serve the people in his capacity as a private citizen.

"The Federal Court took review that there is no bias on behalf of the judges and we respect the decision," he told the media.

"This is also the final appeal and there is no more avenue for Anifah to pursue.

"I am instructed to convey to everybody that he accepts the final decision of the court respectfully. He thanks his supporters and looks forward to serving the rakyat in his capacity as a private citizen," Tengku Fuad added.

Asked on Anifah's plans to sue the EC over the alleged failure to conduct the Kimanis parliamentary election last year according to the law, Tengku Fuad advised against the intent.

"I have no instruction to sue the EC. I would strongly advise Anifah not to pursue it because, at this stage, I don't think he will succeed.

"But this is a matter between him and lawyers advising him," he said.

In the May 2018 general election, Anifah had won the seat with a 156-vote majority, securing 11,942 votes against Karim’s 11,786 votes while another candidate, Jaafar Ismail of Parti Harapan Rakyat Sabah, had obtained 1,300 votes.

Karim had filed the election petition on June 18, 2018, to challenge the election results.

On Feb 18 last year, the Federal Court remitted Karim's election petition back to the Election Court for trial after allowing his appeal to set aside the Election Court's decision earlier to strike out his (Karim's) petition.

On Nov 19, 2018, Election Court judge Supang Lian had struck out Karim’s election petition.

The matter was then remitted before another Election Court judge Lee Heng Chung, who subsequently nullified the results for that constituency. 

The judge ruled that the presence of additional ballot papers had influenced the election results.  - Mkini