It is extremely shocking when the people of Perak received the news that all the eleven(11) election petitions filed to challenge the election result against Barisan Nasional were recently all dismissed on technical ground without the petitioners be given the right to be heard.
The is so especially in Perak, 55.14% of the voters voted for PR candidates compare with only 44% voted for BN.
In all the 11 election petitions, the pertinent fact is no witness is allowed to be called and no evidence is allowed to be tendered in court, but all cases were dismissed summarily.
The ground of dismissal is simple, to put in lay man term, that the notice of filing is wrong.
As such, the lawyers are not allowed to advocate in court and even the petitioners are not allow to speak for himself. No cases filed by Pakatan are allowed to proceed with full hearing so far.
It is also shocked to see the result of the election petitions especially the latest amendment to the court rules which had stated that no case shall be dismissed simply based on technical reasons.
What is even more shocking are, the petitioners in Perak, all from Pakatan Rakyat, are now ordered to pay a whopping cost totaling RM965,000.00! , with each ranging from RM25,000 to RM120,000.00.
We found that this is extraordinary as under the 1954 Election offences Act, the judge is not allowed to award cost but to tax it before the registrar.
The following are the summary of the cost ordered to be paid : -
1. Pasir Panjang I RM120,000.00
2. Pasir Panjang II RM120,000.00
3. Manong RM 80,000.00
4. Rungkup RM 50,000.00
5. Lubok merbau I RM100,000.00
6.Lubok Merbau II RM110,000.00
7.Selama RM110,000.00
8.Bagan Datoh 1 RM 25,000.00
9.Bagan Datoh 2 RM 25,000.00
10. Tapah RM150,000.00
11. Manjoi RM105,000.00
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Total : RM965,000.00
The decision by the election court sent a very wrong message to the Rakyat that the Court will penalize or punish the petitioners should anyone wish to challenge the result of the elections, irregardless of whether it is conducted in a fraudulent manner.
It is important to note that judiciary is the fountain of justice, it’s function is to vindicate the oppressed and the unfortunate, but judging from the above decisions, the people’s confidence in the independent of judiciary will be completely gone.
I wish to state that the judiciary is not above the law and the people will judge their conduct and should they fail to uphold justice, they are not fit to judge others. The cardinal principle is that : “ justice must not only be done, it must be seen to be done”, in this respect, unfortunately, it fails miserably.
I called on the Chief Judge, Tun Anuar Zakaria to explain to the Rakyat, whether there was any secret meeting called among the judges to issue directive that the election petition shall be dismissed summarily so as not to affect the status quo, or was there any directive from third party to the Judge so all election petitions filed by Pakatan Rakyat shall be dismissed? The onus is on the head of the Judiciary to state the truth now.
We wish to state that all judges, irregardless of his or her rank, must decides the cases before them purely based on facts and evidence without fear or favor, as it is their prerogative and inherent powers. No one is allowed to interfere in the process of decision making, even the Chief Judge himself.
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