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Friday - Election court to decide on Umno deputy president's seat

The Election Court in Seremban will deliver its verdict on Umno deputy president Mohamad Hassan's Rantau state seat on Friday.

PKR candidate Dr S Streram had filed a challenge after he was not allowed to submit his nomination papers on April 28, resulting in Mohamad, the former Negeri Sembilan menteri besar, winning the seat uncontested.

Justice Azimah Omar brought forward the date after earlier setting Nov 20 to deliver the decision. This was stated in a letter sent by High Court deputy registrar Siti Mazlifah Mokhtar yesterday.

A total of 19 witnesses testified in the 12-day trial.

The Rantau case, and another involving the Cameron Highlands parliamentary seat, are among the few election petitions which proceeded with full hearings.  

'All conditions fulfilled'

In their written submissions, Streram's lawyers Mohd Haniff Khatri Abdulla, Rafique Rashid Ali and Sreekant Pillai argued that their client had fulfilled all conditions as a candidate to contest in the general election.

They further told the court that it is not a mandatory requirement for their client to carry a pass to enter the nomination centre to file his papers.

"Evidence showed that Streram was outside the nomination centre before 9am.

"Under the election regulations, it is not a requirement for a candidate to possess a pass to enter the nomination centre. Hence, our client had fulfilled all conditions to contest," Rafique said when contacted by Malaysiakini today.

The lawyer added that returning officer Amino Agus Suyub, who was empowered to receive the deposits, and his agents knew Streram was outside, but did not let him in.

The Election Commission, represented by lawyers from the law firm Shearn Delamore, claimed that their officers did not know Streram was outside.

According to Rafique, however, the evidence and testimonies of police witnesses, including the investigating officer, shows otherwise.

'Mat Hasan should not be blamed'

Meanwhile, Mohamad's lawyers submitted that it was EC's task to run and regulate the elections and their client should not be blamed for this.

During the trial, Azimah also sentenced Amino Agus to three months' jail for contempt of court after finding him guilty of sending text messages to a witness in order to coach him on how to answer questions. 

This is up for an appeal at the Court of Appeal.

Earlier this month, Umno president Ahmad Zahid Hamidi had said that the party was prepared for any eventuality of a by-election from the ruling of this case which involves his deputy. 

Whatever the outcome, the decision can be referred directly to the Federal Court.

Election petition cases, they have to be disposed within six months from the date of filing.

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