BN’s election win nullified

KUALA LUMPUR: The Election Court here has declared Barisan Nasional’s win in the Cameron High­lands parliamentary seat in the 14th general election as null and void after finding corrupt practices were committed to inducing voters to vote.

High Court (Appellate and Special Powers) judge Justice Azizah Na­­wawi said the petitioner had esta­blished beyond reasonable doubt that bribery happened during the election.

“Money was given to voters either directly by the respondent (Datuk C. Sivarraajh) or indirectly through (Jelai assemblyman) Datuk Seri Wan Rosdy Wan Ismail or his agent, and that money was given to voters to induce them to vote.

“I find that the corrupt practice was committed in connection with the election with the knowledge of the respondent (Sivarraajh),” she said here yesterday.

Justice Azizah delivered her decision in the election petition filed by DAP’s M. Manogaran who challenged the election result for the parliamentary seat.

The court noted that there was a contradiction in the evidence of who was giving the money.

“I’m in the opinion that it is the act of giving that should be proven. Even though there is a contradiction, there is no dispute that money was given to the orang asli.

“It is not in dispute that the orang asli would welcome any assistance be it cash or in kind from all parties including the presentation of a lawn mower by the petitioner (Mano­garan) himself.

Jubilant: Manogaran (centre) being congratulated by DAP adviser Lim Kit Siang and party national vice-chairman M. Kulasegaran after the court’s verdict.

“In fact, the evidence showed that the money given was used for daily expenses. However, the intention of the recipient is not relevant,” she added.

Justice Azizah said the court would certify its decision to the Election Commission and report that corruption had taken place.

“However, I will not report any person who has been proven at the trial to have been guilty of any corrupt practice because of the inconsistencies in the evidence,” she said.

The court also awarded RM15,000 in costs to the petitioner.

On June 4, Manogaran filed the election petition seeking to nullify the result.

Manogaran claimed that Sivar­raajh and Wan Rosdy, who is Pa­­hang mentri besar, had met nine village heads and gave them money to distribute between RM30 and RM1,000 each to orang asli constituents.

He named Sivarraajh as the sole respondent in his application.

Manogaran sought a declaration that the election for the consti­tuency on May 9 was not valid, and other relief deemed fit by the court.

In the election, Sivarraajh won the seat with 10,307 votes while Manogaran polled 9,710, PAS’ Wan Mahadir Wan Mahmud (3,587), PSM’s B. Suresh Kumar (680) and Berjasa candidate Mohd Tahir Kassim (81).

Manogaran was represented by lawyer K. Shanmuga while Sivar­raajh was represented by lawyer Datuk Hafarizam Harun.