Federal Court affirms Hadi’s GE15 victory

 

BN’s candidate Jasmira Othman had sought to remove PAS president Abdul Hadi Awang (pic) as Marang MP for allegedly bribing voters in the last general election.

PUTRAJAYA: The Federal Court has dismissed a Barisan Nasional candidate’s appeal to remove PAS president Abdul Hadi Awang as Marang MP for allegedly bribing voters in the last general election (GE15).

A three-member bench, chaired by Court of Appeal president Abang Iskandar Abang Hashim, said Jasmira Othman had failed to prove his case beyond reasonable doubt.

“The appeal is dismissed with no order to costs,” said Abang Iskandar, who sat with Justices Zabariah Yusof and Rhodzariah Bujang.

Abang Iskandar said the bench had considered the critical issue of agency raised in the trial and in today’s appeal.

“We agree with a previous Federal Court ruling that the appointment of agent/s must be proven by the petitioner,” he said.

In the present case, lawyer Yusfarizal Yussoff submitted that Jasmira had failed to show Hadi had appointed two Terengganu executive council members and another person to bribe voters with money to win the election.

Abang Iskandar said the bench also concluded that Jasmira had failed to prove that voters were induced to elect Hadi.

On June 27 last year, Justice Hassan Abdul Ghani, sitting as an election court judge, ruled that Umno candidate Jasmira had failed to raise reasonable doubt and dismissed the case. He ordered Jasmira to pay Hadi RM50,000 in costs.

On Jan 3, Terengganu Umno filed a petition to annul the results for the Kuala Terengganu, Marang and Kemaman parliamentary seats in the last general election, in accordance with the Election Offences Act 1954.

Terengganu Umno chief Ahmad Said said among the points raised in the petition were allegations that PAS had bribed voters by distributing financial aid from the state government through the i-Pension, i-Belia and i-Student initiatives from Nov 15 to 17, 2022, just a few days before the polls.

In the November general election, Hadi won the Marang seat with a majority of 41,729 votes.

Lawyers Takiyuddin Hassan, Faizi Che Abu, Wan Rohimi Wan Daud and Ahmad Lutfi Awang also represented Hadi.

Counsel Hafarizam Harun, Norhazira Abu Haiyan and Amin Othman appeared for Jasmira. - FMT