KOTA KINABALU: Parti Warisan Sabah candidate for Sipitang failed in her last resort to reinstate her election petition, challenging the victory of Sipitang member of parliament in the 14th General Election, for a trial after the Federal Court here yesterday dismissed her appeal.
Chief Justice Dato’ Tengku Maimun Tuan Mat, who sat together with Justices Tan Sri Dato’ Sri Ahmad Haji Maarop, Tan Sri Dato’ Sri Azahar Mohamed, Datuk Nallini Pathmanathan and Dato’ Rhodzariah Bujang unanimously affirmed the Election Court’s verdict made on the petitioner Noor Hayaty Mustapha and ordered a total of RM70,000 costs be paid to the parties involved.
The judges ordered Noor Hayaty to pay RM40,000 to the first respondent Yamani Hafez, who is the son of former Sabah Chief Minister Tan Sri Musa Aman, and RM15,000 each to the second and third respondents, respectively, who were the returning officer and the Election Commission (EC).
Noor Hayaty was appealing against the Election Court’s verdict of striking out the petition for the second time on the first day of its trial due to her application to postpone the trial proper was disallowed on April 8.
The first time the Election Court here struck out the petition was on October 15, 2018.
Due to the first striking out of the petition, Noor Hayaty had appealed to the Federal Court in Putrajaya, which allowed her appeal on February 18, and ordered for a trial of the petition.
Noor Hayaty had filed her petition on June 18, 2018, and named Yamani, Sipitang returning officer and EC as the first, second and third respondents respectively.
Noor Hayaty was also represented by counsel Chung Jiun Dau, Mohammed Fareez Mohammed Salleh and Melanie Tann, while Yamani was represented by counsel Jeyan Marimuttu, Rizwandean Bukhari M. Borhan, Mohd Reduan Datuk Aklee and Azhier Farhan Arisin. Counsel Mohd Syahrulnizam Mohd Salleh and Shahlan Jufri represented the returning officer and EC.