Move to recuse judge over Lubok Merbau petition fails
The Election Court in Ipoh today dismissed an application by a voter in the Lubok Merbau state constituency to recuse a judge from hearing his election petition.
The Election Court in Ipoh today dismissed an application by a voter in the Lubok Merbau state constituency to recuse a judge from hearing his election petition.
Judge Abdul Rahman Sebli dismissed Mohd Ridzuan Hasif's application (to recuse the former) on grounds that the application was inappropriate as the decision handed down by the court in August last year was based on the interpretation of related laws.
"On the consideration (by the petitioner) that I will not be fair, as a Muslim, I also fear Allah," said the judge.
Earlier, Mohd Ridzuan applied to recuse Abdul Rahman from hearing his case and also for him to be allowed to represent himself in the trial.
When proceeding continued in the afternoon, lawyers representing first respondent, Lubok Merbau assemblyperson Siti Salmah Mat Jusak, gave three main reasons why the election petition should be dismissed.
The panel of lawyers representing Siti Salmah were led by Firoz Hussein Ahmad and Abu Bakar As Sidiq.
According to Firoz Hussein, one of them was based on Section 35 (A) of the Election Offences Act 1954 which required election petitions to be heard not later than six months after they were filed.
"Based on that provision, the expiry date for the court to hear the case is Dec 11 last year. Also, the petition was filed late, which was 10 days after the stipulated date," he added.
Meanwhile, Abu Bakar said the petition did not specify the alleged corruption involved.
The second and third respondents named in the petition were the Election Commission (EC) and Returning Officer (RO) for Lubok Merbau, Abdul Halim Hamed, respectively.
Last Dec 23, the Federal Court granted the opposition's appeal and remitted the Bagan Datoh and Lubok Merbau petitions to the election court to hear the merits of the cases.
In the GE13, Siti Salmah defeated PAS candidate Mohd Zainudin Mohd Yusof with a majority of 53 votes.
Hearing continues tomorrow.
- Bernama

