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©The
Star (Used by permission)
by Christina Koh
IPOH: Kuala Kangsar MP Tan Sri Rafidah Aziz scored a victory after the Ipoh High
Court dismissed the election petition against her and two other respondents.
Justice Zakaria Sam also dismissed with costs the election petition challenging
the results of the Kubu Gajah state seat won by Barisan Nasional's Datuk Seri
Raja Ahmad Zainuddin Raja Omar.
However in dismissing the Kuala Kangsar petition, Justice Zakaria awarded costs
to second and third respondents returning officer Datuk Mohd Ghazali Jalal and
the Election Commission (EC), but Rafidah would have to foot her own legal bill.
"In my opinion, it is because of the silly mistake of the respondent (Rafidah)
that this case was brought up before the court in the first place.
"It is not a mistake I would have made in this position. Therefore I award no
costs for Rafidah against the petitioner," he said Friday to the packed
courtroom here at about 11am.
Justice Zakaria had earlier ruled that Rafidah was eligible to be a candidate
although she had failed to sign two of the three nomination papers on nomination
day.
He noted that even with the non-compliance of regulations, the returning officer
was entitled to look at the entirety of the nomination papers, which consisted
of three nomination forms and accompanying documents.
"She had properly signed one of the forms. This, and the fact that she was
personally present to give her nomination papers with the documents, signifies
her consent to be a candidate for Kuala Kangsar," he said.
Justice Zakaria also ruled that the election had been carried out legally with
no evidence or statement in the petition to suggest fraudulent or corrupt
practices.
Even if the returning officer had been wrong in his discretion to accept the
nomination papers, the entire election process had been carried out with the
democratic "purity" of an election properly held, he said.
Dissatisfied voter Ahmad Jamaluddin Abd Majid had filed the petition against
Rafidah and two other respondents after she defeated Perak PAS deputy
commissioner Dr Khairuddin Abd Malik by 1,458 votes.
On the Kubu Gajah petition, Justice Zakaria ruled that the petition brought by
PAS candidate Mohd Nazri Din was defective, citing the lack of material facts to
support allegations of corrupt practice.
Among other things, he noted that the petitioner had failed to establish the
identities of the people listed as having supposedly received benefits from Raja
Ahmad Zainuddin during the campaign period.
"Who are these people? Are they registered voters and if so, are they registered
to Kubu Gajah? These are the facts missing from the case," he said.
Justice Zakaria also dismissed a preliminary objection raised by Raja Ahmad
Zainuddin's lawyer Mohd Hafarizam Harun that a petitioner must personally serve
the relevant documents to Raja Ahmad Zainuddin.
Mohd Nazri had filed the petition, claiming corruption and illegal practices,
after losing to Raja Ahmad Zainuddin by 66 votes.
Outside the courtroom Rafidah's political secretary Datuk Saharudin Mohd Toha,
who represented the MP, told reporters that this was "a long awaited decision by
the people".
Lawyers Syed Faisal Syed Abdullah, Mohd Hafarizam, Mohd Adli Ithnin, Badrul
Hishah Abd Wahap and Abu Bakar As-Sidek represented Rafidah and Raja Ahmad
Zainuddin.
Senior Federal Counsel Amarjeet Singh represented the returning officers and the
EC.
Lead counsel Mohamed Hanipa Maidin said his legal team would discuss with the
petitioners whether to appeal the decisions within 14 days.
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