A representative of a PAS candidate who contested a state seat in the during the 2013 general election was fined RM5,000 in default five months' jail by the Court of Appeal today, for locking ballot boxes at the polling centre.

A three-person panel chaired by Justice Mohtarudin Baki imposed the fine on Azahari Ismail, 49, after reinstating the Port Dickson Magistrate's Court decision to convict him of the offence.

Azahari, was however spared the jail sentence after the panel allowed his appeal to set aside the decision of the Magistrate's Court in sentencing him to 10 months' jail and a fine of RM4,000 in default five months' jail and substituting it with only a fine of RM5,000 in default five months' jail.

The panel which also comprised justices Tengku Maimun Tuan Mat and Abdul Karim Abdul Jalil set aside the High Court decision to acquit Azahari for the offence after ruling the prosecution's appeal had merits.

"I hope these things won't happen any more," said Mohtarudin.

Azahari was a representative of PAS candidate Ramli Ismail who was contesting the Bagan Pinang state seat under the Telok Kemang parliamentary constituency in Negri Sembilan.

BN candidate Tun Hairuddin Abu Bakar won the seat with 6,067 majority.

On July 9, last year, the Magistrate's Court found Azahari guilty on a charge of locking nine ballot boxes using nine 'Yunxian' padlocks at the polling centre in the Army Basic Training Centre between 7pm and 7.10pm on April 30, 2013.

On April 19, this year, the Seremban High Court acquitted Azahari of the offence after allowing his appeal to set aside his conviction, 10 months' jail sentence and RM4,000 fined imposed on him by the magistrate's court.

Deputy public prosecutor Dhiya Syazwani Izyan Mohd Akhir urged the court to reinstate the Magistrate's Court decision, saying what Azahari did, had disturbed the counting process.

Azahari's lawyer Wan Rohimi Wan Daud submitted that locking the ballot boxes did not mean there was tampering as there was no physical damages. Also representing Azahari was lawyer Hazwan Mohd Nor.

Azahari paid the fine.

- Bernama