Court strikes out Warisan candidates’ election petitions for Sipitang, Kundasang and Sook


KOTA KINABALU: The election petitions filed by Parti Warisan Sabah candidates to nullify the GE14 results of the Sipitang parliamentary seat as well as the Kundasang and Sook state seats have been struck out.

This came following High Court judge Datuk Lee Heng Cheong’s decision to allow the preliminary objections of the three Barisan Nasional candidates on Monday (Oct 15). 

Justice Lee struck out the election petitions as the petitioners for these three areas - Noor Hayaty Mustapha, Siriman@ Mohd Fazid Basir and Martin Tomy@ Tommy - failed to comply with the requirements of laws relating to election petitions.

Counsel for the Barisan candidates Tengku Fuad Tengku Ahmad said all three election petitions were struck out at the Election Court with a cost of RM20,000 granted each to the first respondent and RM5,000 for the second and third respondents.

“The petitions have failed to meet the mandatory requirement of the election petition rules, and for the case of Sook, failed to file three physical copies of the election petition at the court registry.

"The election petitions did not have sufficient facts in them to sustain the petition on trial,” he said when met outside the court here Monday.

“So the court struck them out on the basis that they do not meet the requirements under election petitions,” he added.

Parti Warisan Sabah candidates for P137 Sipitang, N29 Kundasang and N37 Sook, respectively, had filed the election petitions on June 18.

Tengku Fuad represented all the first respondents in the three petitions, namely Yamani Hafez Musa, Dr Joachim Gunsalam and Datuk Ellron Angin. 

The second and third respondents are the Election Commission and the returning officers.

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