Controversial judge Ian Chin today upheld the tissue-thin victory of Ding Kuong Hing from the Chinese-based Sarawak United Peoples' Party (Supp) in the Sarikei seat of Sibu.

With the election petition dismissed and Ding's victory over DAP’s Dr Wong Hua Seh by a mere 51 vote-majority confirmed, there will be no by-election for the parliamentary seat.

wong hua seh ding kuong hiing The election petition was filed by the losing candidate ( left ), who alleged that his Barisan Nasional (BN) rival ( right ) had committed bribery in the March 9 general elections.

Chin said that he found "no general bribery" and has thus dismissed the petition with cost.

The case came into the spotlight after Chin in open court lambasted former prime minister Dr Mahathir Mohamad for his interference in the judiciary.

It resulted in a war of words between the two individuals.

In making his ruling, Chin said he was of the view that the promise made by businessman Ting Pek Khiing in the course of campaigning that if Ding was elected he (Ting) would build the TAR college campus was "only a legitimate promise of a form of development for Bintangor."

He said that there was "nothing corrupt about it as there was no element of bargaining."

"In any event, in order to prove conclusively that the pamphlet was printed at the instance of the respondent (Ding) or his agent or party, it is crucial to call someone from the company that printed the pamphlets and whose name was stated on the pamphlets," added the judge.

'Doubt could have been resolved'

Chin went on to say that when Ding and his agent gave evidence in court that they did not cause the same to be printed or distributed it cast a doubt as to whether it was printed on their instruction or that of their party.

This doubt could have been resolved, he added, if Wong had called someone from the printing company but he failed to do so, resulting in a doubt and with the benefit of the doubt going to Ding.

"Given that I have found there was no general bribery ... there is therefore no question of declaring the election void under section 32(a) or under section 32©)," he said.

In the March 8 general election, the DAP candidate polled 10,537 votes while his rival garnered 10,588 votes.

The defeated candidate subsequently filed the petition contesting the result mainly on the ground that his rival, SUPP and Ting had committed six instances of corrupt practice of bribery under the Election Offences Act 1954.

The petitioner was represented by a team of lawyers including state DAP chief Wong Ho Leng, Chong Siew Chiang and Alvin Yong while the respondent was represented by Henry Ling Kuong Meng and Senpurai Anak Petrus Ngelai.

The Sabah-based judge's 23-page judgment was delivered in open court - attended by supporters from both parties and several other lawyers - by the Kota Kinabalu High Court deputy registrar Zulkifli Abllah.

Wong later told reporters outside the court he would consult his lawyers whether to appeal.