by Suraini Andokong. Posted on August 28, 2013, Wednesday
Junis (second right) and Rubert (right) outside the Election Court yesterday.
KOTA KINABALU: Three presiding officers testified yesterday at the trial of the election petition filed by Parti Keadilan Rakyat (PKR) Datuk Maijol Mahap here that they did not give out the Form 14 as there were no objections raised by the counting agents for all parties contesting in the election.
Junis Kempiyau, Rubert Salimun and Jamarin@ Jeffrey Din Yusop told Election Court judge Yew Jen Kie that all the counting agents were satisfied with the votes obtained by the candidates, including the PKR’s counting agent.
They further testified that all the counting agents were at the vote counting centre until the process ended.
The petitoner, Maijol, represented by counsel Fulton Mark Sitiwin, is seeking to nullify the result for the seat and 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, among others, questioned the issue on the use of the 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 by Ongkili.
However, she ordered for 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.
During the trial, the presiding officers confirmed their witness statements that none of the counting agents had asked for the Form 14. However, after the vote counting process was completed, the presiding officers had asked the counting agents to sign the Form 14.
They then said that after the counting agents had signed the Form 14, a copy of the Form 14 that was duly signed by them (presiding officers) was inserted in a special envelope which had a security seal and handed over to the RO.
Senior Federal counsel, Zawawi Ghazali, federal counsels, Intan Illani Mohd Azani and Nurhasmita Abd Manap represented the RO and EC while counsel Chin Teck Ming held a watching brief for Ongkili.