Friday, August 23, 2013

Certified Form 14 not given to us – PKR polling agents

by Suraini Andokong. Posted on August 23, 2013, Friday

KOTA KINABALU: The Election Court here yesterday was told that the presiding officers for SK Tanjung Batu and Bombong 2 polling stations were under instruction from the Returning Officer (RO) not to issue certified copies of the Form 14 to Parti Keadilan Rakyat (PKR) counting agents.

Jabinson Jaunar and Majlis Dubok made the claim when testifying before Justice Yew Jen Kie on the third day hearing of the election petition filed by PKR candidate Datuk Maijol Mahap against the RO for the Kota Marudu parliamentary constituency and the Election Commission (EC).

The two polling agents said that the unofficial results for both the polling stations tallied with the official result.

However, the certified copies of the Form 14 were not given to them, said Jabinson and Majlis during cross-examination by Senior Federal Counsels (SFC) Zetty Zurina Kamaruddin and Noerazlim Saidil, based on their written witness’ statements.

Maijol, who is seeking to nullify the result for the Kota Marudu parliamentary seat in the May 5 general election, had filed his petition on May 12 this year, naming PBS-BN winner Datuk Dr Maximus Ongkili, the RO and the EC as respondents. In his petition, Maijol, represented by counsel Fulton Mark Sitiwin, had, among others, questioned the issue on the use of indelible ink, money bribery and the failure to observe election laws, which he claimed had affected the result of the election as a whole.

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 EC. The Kuching-based High 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.

Under re-cross examination by Sitiwin, Jabinson said that he was permitted to peruse in greater detail the Form 14 before signing it. Meanwhile, Majlis said he was not given ample time to check the details in the Form 14 before signing it.

Zetty and Noerazlim were assisted by SFC Zawawi Ghazali and federal counsel Intan Illani Mohd Azani for the RO and EC while counsel Chin Teck Ming held a watching brief for Ongkili.
The trial continues today.

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