The Election Commission (EC) will not be appealing against the decision of the Election Court to nullify the Kimanis election, says its chairman Azhar Azizan Harun.
1. The statement issued by the EC Chairman today that it will not be apprealing againts the decision of the Election Court im nullifying the election of the Kimanis Parliamentary Seat held on 9.5.2018 cemented public perception that EC is not a neutral institution despite PH’s promise to ‘reform’ Government institutions.
2. EC broke convention by appointing private legal practitioners to handle thi election petitions filed after GE14 instead of Federal Counsels from the AG’s chambers. The normal practice of filing preliminary objections or striking out applications was also not adhered to.
3. In the Kimanis case EC Counsels did not object to the applications was for discovery before the Election Jugde nor did they oppose the appeal by Karim Bujang in the Federal Court against the decision of justice Supang Lian to strike out the petition in November last year.
4. During the trial EC’s defence was mainly handled by one Encik Fikry, the most junior of its seven members legal team. Soon after the petition wa field, Sabah EC appointed an officer from Semporna wo was serving another Federal Department to be the Deputy Director fo EC Sabah.
5. During the discovery, everyone was shocked to see that Forms 13 for Kimanis werw all in a file instead of being inside sealed envelopes affixed by security tapes as require under law.
6. Instead of calling the Director or the Deputy wo were on duty during GE14, EC asked the newly appointed deputy Sabah EC Director from Semporna to be their main witness. It was not surprising the he was unable to answer most of the questions raised since he had never served in the EC including during GE14. Why was he called instead of the officers who were on duty? Who opened the sealed envelopes containing the F13 in Sabah SPR office and put them in a file when there was pending challenge by Karim Bujang?
7. The decisions not appeal is therefore not a surprise if we are to look at the conducts and omissions on the par of SPR from day one of the Kimanis Election Petition filed by Karim Bujang, the Warisan candidate.