Segamat GE15 petition: Trial needed on food-to-voter issue, says lawyer

BN candidate M Ramasamy’s lead counsel argued that a full trial is necessary for the alleged “corruptly” giving of food to voters incident in Segamat during the 15th General Elections (GE15) last year.

Muhammad Shafee Abdullah in targeting Pakatan Harapan’s R Yuneswaran electoral victory in the seat said it is not required to provide specific particulars on the electoral offence allegations.

This includes the food-to-voter claim - which can be ventilated in a full trial.

The lawyer said this in his submission to the Federal Court on Ramasamy’s appeal against the Johor Election Court's decision to allow a preliminary objection by Yuneswaran and the Election Commission (EC) to strike out the election petition.

High Court judge Mohd Radzi Abdul Hamid, in his capacity as Election Court judge ruled that the petition should not be based on inferences or assumptions but facts and that the petition did not contain accurate and clear material facts.

During open-court proceedings before the three-person apex court bench chaired by Zabariah Mohd Yusof, Shafee explained that the Election Court judge had erred.

He said the judge erred in failing to take into account evidence of alleged election offences that need not be pleaded during the petition stage, per Rule 5 of the second schedule of the Election Offences Act 1954.

The lawyer added that the judge also erred in disregarding the fact that witnesses would lead evidence during the full trial of the petition.

Shafee said a full trial of the petition before the Election Court is needed to thoroughly ventilate the incident allegation of treating (providing food to voters) at the Meng Teck Toh Tong Temple, Jementah, Johor, between 8am and 10am on Nov 18 last year.

He said what was pleaded in Ramasany’s election petition was sufficient under the law.

Among them the first respondent (Yuneswaran) made a speech regarding GE15 at the temple to allegedly corruptly to influence any person present to vote for him and the distribution of food purportedly accompanied the speech.

Shafee submitted before the bench - which also comprised Federal Court judges Hasnah Mohammed Hashim and Mary Lim - that the alleged Facebook video of the incident could be tendered and played in the full trial of the petition if the appeal is allowed.

However, Yuneswaran’s counsel Lau Yi Leong counter-submitted that the Election Court decision was made correctly as Ramasamy’s election petition still lacked particulars of the alleged election offences, such as Yuneswaran’s text speech.

“The petitioner cannot just say (in the election petition) that the first respondent (Yuneswaran) gave a speech and only claim that the speech was about GE15 and treating voters. We say this is not enough.

“Full text of the speech is necessary to ascertain whether or not promises have been made corruptly (to voters),” Lau argued.

The lawyer said allegations in Ramasamy’s election petition, about campaign posters and materials levelled against Yuneswaran lacked particulars of date, time and location.

This made it difficult for the Harapan lawmaker to prepare the defence of alibi.

At the end of proceedings this afternoon, the apex court fixed Aug 18 to deliver its decision on Ramasamy’s appeal.

Senior federal counsel Suzana Atan appeared for the EC.

In last November’s national general election, Yuneswaran emerged the victor by 5,669 votes ahead of the MIC candidate and two others.

Through the election petition, Ramasamy claimed that Yuneswaran had “corruptly” given food to voters during an event at the Chinese temple in Johor to influence them.

The BN candidate, who had lodged a police report on the matter, also accused Yuneswaran and his agents of violating election rules on campaign material.

Apart from this, he also claimed the Harapan candidate distributed food parcels to voters when campaigning. - Mkini