Former Sabah chief minister Yong Teck Lee's status as the Likas state assembly representative and member of parliament for Gaya is in doubt after the Federal Court today refused his application for leave to set aside an Election Court judgment which found him guilty of breaching the Election Offences Act during the Sabah state election in 1999.

The three-member panel dismissed with costs the application to appeal against the landmark decision of Election Judge Muhammad Kamil Awang in June 2001.

Muhammad Kamil had ruled that the election result of the Likas state seat during the 1999 election was null and void. He also said that Yong was guilty of committing a corrupt practise.

The decision paved the way for a by-election which was held in July last year and saw Yong winning the seat again after the Kota Kinabalu High Court allowed his application for a stay of execution.

Chief Justice Mohamed Dzaiddin Abdullah, Chief Judge of Malaya Ahmad Fairuz Sheikh Abdul Halim and Federal Court Judge Abdul Malek Ahmad unanimously decided that the question of leave does not arise as the authorities have clearly stated that decision by an Election Court is unappealable.

Dzaiddin said it was obvious that the right of appeal does not apply to the decisions made by the Election Court. He added that even if leave was granted, there was no prima facie that Yong would succeed in his appeal.

Red card

When approached by journalists later, Yong said the decision has no effect on his status as a state assembly representative and MP as there is a similar legal issue being discussed in another election petition concerning his victory in the by-election.

However, counsel Ansari Abdullah who represented the respondents former Parti Bersekutu president Haris Salleh and Chong Eng Leong @ Ching Eng Leong said the decision will affect the former chief minister's position as the Likas state representative.

Yong said the question of whether the stay awarded to him was still effective or not, will be discussed in the recent election petition applied by Chong challenging his in the Likas by-election.

"I can't say much here as the case is still pending. But the worst scenario would be that if the stay no longer applies, I will be disqualified from standing for election for five years.

"We say that the disqualification should start from June 2001. In football language, that means I got a red card and am barred from contesting for the time being, that is all," he quipped.

In the event a 'red card' is issued, Yong said that it will not stop him from continuing his career in politics after serving the ban.

Ansari argued that since Yong was allowed to contest in the July by-election after he was granted stay, he should be disqualified because the stay is no longer effective following today's decision which affirmed the Election Court's earlier decision.

Phantom voters

In his eyebrow-raising judgment last year, Muhammad Kamil had said the 1998 electoral roll used for the Likas election in 1999 was tainted with phantom voters.

He also ruled that Yong had breached Section 11(c) and (d) of the Election Offences Act involving corrupt practice relating to the print publication and the distribution of any advertisement, handbill, placard or poster.

However, on July 4, High Court Judge Richard Malanjun (now a Court of Appeal judge) allowed Yong's application for stay enabling him to contest in the by-election.

On June 6 this year, the Court of Appeal dismissed with costs Yong's appeal to set aside Muhammad Kamil's decision.

Earlier, Yong's lawyer, Australian Queen Counsel Gavan Griffith, told the court that the provision which states the finality of an Election Court's decision is unconstitutional as it restricts a party's right of appeal.

He said the earlier authorities did not discuss whether a person disqualified from parliamentary office has a constitutional right to appeal and the court must address the issue as it is in the interest of the public.