Ongkili (third right) with his counsel Chin (fourth left), Peter (second right), Suzeianah (left) and Kang (fifth left) after the court ruling yesterday.
KOTA KINABALU: The Election Court here yesterday dismissed with costs the election petition filed by Parti Keadilan Rakyat (PKR) candidate Datuk Maijol Mahap, who sought to nullify the result of the Kota Marudu parliamentary seat.
Kuching-based High Court judge, Datuk Yew Jen Kie, held in her reserved ruling that Maijol had failed to prove the second limb of Section 32 (b) of the Election Offences Act 1954, that the non-delivery of Forms 14 at the polling stations in Kota Marudu had affected the election results in the constituency.
The petitoner, Maijol, who was represented by counsel Fulton Mark Sitiwin, had filed his petition on May 12 this year to challenge the legality of the result for Kota Marudu parliamentary seat, and had named PBS-BN winner Datuk Dr Maximus Ongkili, the Returning Officer (RO) and the Election Commission (EC) as respondents.
On August 13 this year, Yew allowed Ongkili’s preliminary objection and struck him out from the petition as Maijol had not pleaded enough facts on the allegation of corrupt practice against Ongkili. However, she ordered a full trial against the RO and the EC. The Election Court judge also ruled that Ongkili’s name would still remain in the petition as it would depend on the evidence adduced during the trial.
In dismissing the election petition yesterday, Yew also ordered Maijol to pay RM80,000 costs to the RO and the EC.
The trial had commenced on August 20 this year with the petitioner calling 16 witnesses, while the RO and the EC called 29 witnesses to give their evidence.
In the May 5 general election, Maijol was involved in a four-cornered fight with Ongkili, Majamis Timbong of STAR Sabah and Yuntau Kolod@ Kuntau Kolod of SAPP. Ongkili won the seat by 842 votes. He garnered 15,168 votes to Maijol 14,326 while Majamis and Yuntau received 2,228 and 444 votes, respectively.
Meanwhile, outside the court after the proceedings ended, Ongkili, who was present in court, said that there is a lesson to be learned from the outcome, and even further to enhance the regulations or implementation of the regulations in future elections.
“It is good for the EC, good for the process as well as good for the country,” he explained.
He said that the recent election in Kota Marudu was conducted in accordance with the law.
“It is a big relief for all of us, now we can concentrate to serve the people as member of parliament, federal cabinet and the party,” Ongkili added.
Ongkili was represented by counsel Chin Teck Ming, Peter Allion, Suzeianah Saulkmen and Jhasarry Kang while Senior Federal Counsel Zawawi Ghazali and Mahiran Md Isa represented the RO and the EC.