KOTA KINABALU: Sabah opposition chief Datuk Lajim Ukin is keeping his Klias state seat for now after the Election Court dismissed a polls petition seeking to nullify the election outcome for the constituency.
High Court Justice Datuk Yew Jen Kie held that there was no evidence linking Lajim to any alleged corupt practice as claimed in the petition brought by defeated Barisan Nasional candidate Isnin Aliasnih of Umno.
She held while Isnin's counsel Jaafar Esteban had shown a woman - Wong Kui En @ Norliah - had been appointed as Lajim's polling agent, he (Lajim) was accountable for any of her actions at the balloting centre on polling day.
"Any alleged corrupt acts by Norliah before that and outside of the polling centre was at her own frolic," Justice Yew held.
She also held that there was no evidence showing that campaigning was within the scope of Norlia's responsibilities as Lajim's polling agent.
On testimonies from several witnesses called by Jaffar who told the court that they had received envelopes containing money, a coupon and a note as well as a promise of another RM100 from Norliah on May 4, Justice Yew held that there was no evidence showing Lajim was aware or had consented to the distribution of the items.
"The petitioner has failed to satisfy the court through evidence that the corrupt pratices complained of that was allegedly commited by Norlia was with the knowledge of the respondent (Lajim),'' she said.
Yew also awarded costs amounting to RM50,000 to Lajim, the Sabah PKR chief.
Lajim, represented by counsel Datuk Chau Chin Tang, won the Klias seat on a PKR ticket with 342-vote majority by securing 6,324 votes against Isnin's 6,182 ballots during the May 5 general election.
Met by reporters outside the court later, a teary eyed Lajim said he was thankful for the ruling in adding the decision was a victory for his Klias constituents.
Isnin said he would be appealing against the decision in adding that "I believe the truth will eventually prevail."
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