PETALING JAYA: The Terengganu Election Court has nullified the victory of Che Alias Hamid (pic), who had been declared the winner of the Kemaman Parliamentary seat in the 15th General Election (GE15).
In handing down the decision, Judge Datuk Anselm Charles Fernandis allowed the petition filed by Barisan Nasional's Wan Mohamad Hisham Wan Abdul Jalil.
He had ruled that there had been elements of inducement of voters during the campaigning period.
In handing down the decision, he said the petitioner in the case had succeeded in proving that corruption had taken place with the aim of influencing voters in GE15.
The court also ordered the respondent to pay RM30,000 to the petitioner.
"I find corruption was committed with the knowledge of the respondent. I declare the general election result for Kemaman which was held on 19th November (last year) is void... The money given was to induce votes. (If it was a state government's initiative) I considered that after the election it could still happen, but it happened a few days before the general election. All politicians should know the effect," said Anselm.
"No doubt the state government still existed during that time (because the GE and state election were held separately) but that did not mean that the kind of programmes (fund distribution) should be held so close to the GE date," he said on Tuesday (Sept 26).
Anselm said the programmes should be held after or before the campaign period to avoid the elements of inducement.
The official programme said to be organised by the Terengganu government included the Bantuan i-Belia and i-Siswa and contributions for the disabled and asnaf (tithe recipients).
The petitioner was represented by lawyers Datuk Hafarizam Harun, Amin Othman, and Norhazira Abu Haiyan, while Che Alias was represented by lawyers Saifuddin Othman and Wan Rohimi Wan Daud.
Meanwhile, Hafarizam, when met by reporters after the proceedings, said the judge had called the lead counsel of both parties into his chambers and informed them that should there be no appeal, he would notify the Election Commission of today’s decision on Oct 3.
Prior to this, the Election Court dismissed a petition filed by Barisan Nasional against Che Alias and retained the PAS representative's GE15 victory.
In GE15, Che Alias won the seat by a 65,714 majority beating Barisan Nasional’s Datuk Seri Ahmad Said, PKR’s Hasuni Sudin and Pejuang’s Rosli Ab. Ghani.