The Election Commission (EC) must immediately set up an inquiry to look into the existence of high numbers of phantom voters in Sabah's electoral roll, said Keadilan leader Wan Azizah Wan Ismail today.

She said that the EC must take cognisance of the Kota Kinabalu election petition court's judgment yesterday which ruled that the electoral roll in the constituency was invalid, thus compelling former Sabah chief minister Yong Teck Lee, a member of a Barisan Nasional component party, to vacate his state assembly seat.

Yong won the seat in a six-corner fight in the 1999 state elections and two of the losing candidates filed the election petition claiming that Yong had used unfair practices in winning and that the electoral roll consisted phantom voters.

"The judgment has proved the existence of phantom voters, especially in Sabah where there are high number of foreigners," she told malaysiakini .

"We insist a full inquiry by EC on this matter and to ensure that such a thing does not continue to happen," she added.

Justice Muhammad Kamil Awang said in his landmark ruling that he was convinced of the existence of phantom voters in the constituency and that the registration of voters in the Likas electoral roll was in contravention of the law.

"The instances of non-citizens and phantom voters in the electoral roll as disclosed at the trial may well be the tip of the iceberg," he said.

Keadilan deputy chief Dr Chandra Muzaffar said that it was the responsibility of the EC to ensure that electoral roll was clear of any irregularities, especially since the flaws, in the case of Likas constituency, were brought to the commission's attention before the 1999 elections.

"Because of its failure to maintain a clean roll in the Likas constituency, people will not only doubt the competence of the EC but also question its integrity," he said.

'Judges frequently pressured'

Justice Muhammad Kamil also alluded in his judgment that there was an apparent attempt to influence his decision over the telephone.

"In my view, it is an insult to one's intelligence to be given a directive over the phone that these petitions should be struck off without a hearing," he said, adding that he decided "truly to act as a judge and not a 'yes man'".

Wan Azizah said she was concerned on this revelation by the judge, adding that it just confirmed the widely suspected opinion that judges are frequently pressured to decide in favour of certain parties.

"The judge's statement is clearly a formal admission that such a thing is happening. Keadilan records its respect to the judge for standing on his convictions," she said.

The United Nations special rapporteur on the independence of judges and lawyers Param Cumaraswamy also commented Muhammad Kamil for his remarks that he faced outside interference in the judicial-making process.

"The judgment is another triumph for the resurgence of judicial independence in this country. The judge's remarks underscore the courage of conviction of a true independent and impartial judge committed to his or her oath of office," he said.

Identify the culprit

Meanwhile, DAP leaders called for the prosecution of the person who attempted to pervert to course of justice as well as the setting up of a judicial inquiry into the matter.

DAP chairman Lim Kit Siang said that the Attorney General's chambers must launch an investigation to identify and prosecute the person who had attempted to pressure justice Muhammad Kamil to strike off the election petition.

"This will be a critical test of the capability and commitment of the AG's chambers to protect the independence, impartiality and integrity of the judiciary," he said.

Lim also called for the EC to conduct a nationwide operation to clean up the electoral roll of all non-citizens and phantom voters.

Charge Yong

Lim added that the AG's chambers should prosecute Yong for the offences of corrupt practices which justice Muhammad Kamil found him of having committed under the Election Offences Act.

Muhammad Kamil said that Yong had committed offences under the Act by putting up huge billboards carrying false statements against an opponent in the election.

He said that although Yong could not have personally involved in putting up those billboards, he was nevertheless the sole beneficiary of such practises and would have known about them.

Lim said that if Yong was prosecuted for the offences, he could face the possibility of six months jail and a maximum RM500 fine upon conviction, and would not be able to stand for any elections for the next five years.