KOTA KINABALU: The election petition for the Sipitang parliamentary seat was struck out by the Elections Court on Monday (April 8), following the petitioner’s inability to produce the needed documents.
Sipitang MP Yamani Hafez Musa’s lawyer, Tengku Fuad Tengku Ahmad, said the Kuching-based judge Azahari Kamal Ramli made the decision after the petitioner, Noor Hayaty Mustapha of Parti Warisan Sabah, applied to have an adjournment to the case.
“The judge denied her application on the grounds that they had ample time to prepare the documents needed for this trial to proceed,” he said when contacted.
He said Noor Hayaty had told the court they needed more time, as they could not get their witnesses, nor have they filed the relevant witness statements and documents required in time.
Tengku Fuad quoted Azahari as saying that ample time was given for the documents to be ready and handed to the court, but if the petitioners could not utilise the time given, then there was no need for the trial to go on.
“The judge also said the inability to produce these said documents was seen as an abuse of process and hence, not fit for trial,” he said.
The advocates for Yamani include Jayen Marimuthu, Tengku Fuad, Redzuan Borhan, Rizuan Akle and Azheir Farhan Arisin.
The trial for the Kimanis election petition against its MP, Datuk Seri Anifah Aman, is ongoing.