The Miri High Court today allowed the application by the BN-SPDP state assemblyperson for Ba'kelalan Nelson Balang to strike out the election petition against him by the defeated opposition Snap candidate Baru Bian.

Reason: The plaintiff's lawyer Baru Bian failed to name himself as advocate in strict compliance with Rule 9 of the Election Petition Rules 1954.

Baru, who stood on a Snap ticket and lost by 475 votes in a straight fight, had named his own firm Messrs Baru Bian & Advocate - as advocate for himself in the election petition.

The judge Aziz Abdul Rahim's decision surprised many lawyers who were present. One of them described it as a novel case, probably the first of its kind that an election judge had interpreted the requirements of the Election Petition Rules 1954 as such. It is believed that plaintiffs who are lawyers in election petitions rarely name themselves as advocates.

After making his ruling, the judge commented that he sympathised with the petitioner, adding that he would probably have been allowed him to name the legal firm as advocate but that based on his own interpretation of Rule 9, the petitioner could either name his advocate or himself as advocate.

Baru, a well-known native land rights lawyer, had filed the election petition against the election of the SPDP man on the ground of alleged corruption and bribery.

'There was rampant bribery'

However, he told malaysiakini he respected the judge's decision.

"But it doesn't alter the fact that based on evidence, there was rampant bribery and corruption during the election," he said, adding that he had in fact lodged a police report before filing the election petition.

"I hope the police will investigate and take the necessary action," Baru said, adding that he would also lodge a report to the Anti Corruption Agency.

Yesterday, Kuching High Court judge Clement Allan Skinner threw out the election petition filed by Snap secretary-general Stanley Jugol ( left ) against the election of SPDP deputy president and Assistant Minister Peter Nyarok in the Krian state constituency on the ground that the election petition was not effectively served on the respondent.

Last week, Independent state assemblyperson for Ngemah Gabriel Adit also managed to get the Sibu High Court to strike out the election petition filed by the defeated BN-PRS candidate Alexander Vincent on some 'technicalities.'

Hearing of the fourth and last election petition, filed by Snap youth leader Walter Entrie against the election of Deputy Chief Minister Alfred Jabu on the ground of alleged bribery and corruption, has commenced in the Kuching High Court.

It is expected to take a few days.