Court to decide on Masjid Tanah election petition on Oct 27

The Election Court today fixed Oct 27 to deliver its decision on the petition filed to challenge the 15th general election (GE15) result for the Masjid Tanah parliamentary seat.

Judge Abu Bakar Katar made the decision after the petitioner asked the court to conclude the proceedings after being unable to call key witnesses for the trial.

The petitioner's lawyer Rosfinah Rahmat said the arrest warrant against Armada Bersatu chairman Akmal Zahin Zainal Zahir was not handed over to the individual concerned despite multiple attempts by the police, the latest of which was on Sept 11.

"Akmal, according to video evidence, was seen handing over the money, and he is our important witness. As we could not execute the arrest warrant today, we have closed the case.

"The court then fixed three important dates, namely the parties' joint submissions on Oct 9, the reply to the submissions on Oct 16, and the final decision on Oct 7," she told reporters after the court proceedings in Melaka today.

On Feb 7, the Melaka High Court dismissed the preliminary objection to the election petition filed by Barisan Nasional candidate Abdul Hakim Abdul Wahid to nullify the result of the Masjid Tanah parliamentary seat, which was won by Mas Ermieyati Samsudin in the GE15.

The court also ordered the petitioner to pay costs of RM20,000.

However, the Federal Court has ordered the election petition filed to challenge the GE15 result for the Masjid Tanah parliamentary constituency to be sent back to the High Court for a full hearing of the merits.

Meanwhile, lawyer Mohd Faizi Che Abu, representing Ermieyati, said the burden of calling witnesses was on the petitioner as the party alleged that Akmal was involved in corrupt practices during the election campaign.

"It is unfair to ask Ermieyati to call witnesses in favour of the petitioner. According to the law, whoever makes the allegations must prove them.

"In this case, they have accused Akmal of giving money (bribery) and alleged Yang Berhormat (Ermieyati) of holding a banquet as a bribe. Therefore, he (the petitioner) must prove that," he said.