Former Sabah chief minister Yong Teck Lee should vacate his Gaya parliamentary and Likas state seats since the Federal Court has dismissed his appeal against a judgment which found him guilty of breaching the Election Offences Act, said a Keadilan leader today.

"The judgment yesterday has proved that Yong was guilty as charged and he should not have been allowed to stand for the by-election. From a legal viewpoint, he should abide by the court decision," said Christina Liew when contacted.

The Sabah Keadilan deputy chairperson had contested against Yong for the Likas state seat when a by-election was held last year after the former chief minister was found guilty.

However, Yong managed to stand in the by-election and subsequently win the seat after the Kota Kinabalu High Court allowed his application for a stay of execution.

"It (the Likas by-election last year) was such a waste of public fund, assuming that we are going to hold any fresh by-election again," said Liew who is a practising lawyer.

She added Yong, who is Sabah Progressive Party (SAPP) president, must also relinquish his post as the member of Parliament for Gaya which covers the Likas state constituency.

Yesterday, the three-member Federal Court dismissed with costs Yong's application to appeal against the Election Court's landmark decision last June.

The panel, headed by Chief Justice Mohamed Dzaiddin Abudllah, ruled that the question of leave does not arise as the authorities have clearly stated that a decision by an Election Court is unappealable.

By-election for Gaya likely

Meanwhile, Liew said if Yong vacated both the seats, it is likely that a by-election will be called for the Gaya parliamentary seat only since the Likas seat was first contested in the Sabah state election in March 1999.

Electoral law stipulates that when a state seat is vacated after three years or more since it was contested in a full election, the Election Commission has the right to not call for a by-election.

When met after the hearing yesterday, Yong told reporters that his seats will not be affected by the decision as there is a similar legal issue being discussed in another election petition concerning his victory in the by-election.

Yong said the question of whether the stay awarded to him was still effective or not, will be discussed in the election petition applied by Parti Bersatu Sabah (PBS) Dr Chong Eng Leong challenging his victory.

Chong was also a candidate 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," said Yong.

Last June, Election Judge Muhammad Kamil Awang ruled that the Likas election won by Yong in 1999 was null and void. The judge said the1998 electoral roll used for polling was tainted with phantom voters.

Muhammad Kamil also found Yong guilty of breaching Section 11(c) and (d) of the Election Offences Act involving corrupt practice in the use of printed materials during campaign.

EC studying the matter

In a related development, Election Commission secretary Wan Ahmad Wan Omar said today the body has already started discussing with the Attorney-General's Chambers over Yong's position in the Sabah state government.

"There is no decision yet. Our legal advisor is liaising with the AG's chambers to interpret the law and to study the matter from a legal perspective," he said when contacted.

He added there was no time-frame as to when the EC has to decide on Yong's position as a state assembly member.

Anyone convicted of a corrupt practice under the Election Offences Act is not allowed to run in any election for a period of five years from the date of conviction.

But Yong was allowed to stand for the Likas by-election after he was granted a stay of execution by the Kota Kinabalu High Court pending his appeal to the Court of Appeal.

EC chairperson Abdul Rashid Abdul Rahman had said then that the High Court's order for the stay of execution meant a "relief", in that the penalties cannot be enforced until Yong has exhausted all avenues of appeal.

However, on June 6, the Court of Appeal dismissed with costs Yong's appeal to set aside the Election Court judgment.

He then appealed to the Federal Court which was his last avenue.