The Election Court has dismissed a petition to nullify the election of DAP’s Chong Chieng Jen to the Bandar Kuching parliamentary seat.

High Court judge Clement Skinner - who sat as Election Court judge - read out the verdict before a packed courtroom this morning and ordered the petitioner to pay costs.

He ruled that the petition, filed by voter Kho Whai Piaw, had failed to prove beyond reasonable doubt the ingredients of five allegations that Chong had used undue influence and was involved in corrupt practice during the election campaign.

upm student memo to mp 051207 chong chieng jen In the March 8 general election, Chong (left) beat Alan Sim Yaw Yen from Supp - a Barisan Nasional component party - by 9,952 votes after garnering 22,901 votes in the Chinese-majority seat.

It was the only win for DAP in Sarawak's parliamentary elections.

In his lengthy judgment, Skinner held that four prosecution witnesses were not telling the truth or had lied when cross-examined under oath.

The petititoner had levelled five charges against Chong - four of which related to the alleged use of undue influence while one charge related to the alleged bribery of voters in the constituency.
The judge after listening to the evidence adduced said he found that none of the five charges against Chong proved beyond reasonable doubt.
"I accordingly dismiss the petition with costs to the respondents," he said, adding that in accordance with section 36(1) of the Election Offences Act, he declared that Chong was duly elected as the member of parliament for Bandar Kuching.
Counsel for the petition was Muhammad Shafee Md Abdullah together with Henry Ling and Frankie Tieh and counsel for the respondent was Chan Kok Keong together with Chong Siew Chiang, Wong Ho Leng and Alvin Yong.

An agreement was subsequently reached on partial costs with Kho to bear the fees of Chong’s two lawyers. His legal team will decide by tomorrow whether or not to appeal.

Kho left the premises immediately with his lawyers after the decision was delivered.

Complaint to police

Outside the courtroom, state DAP leader Wong Ho Leng - the Bukit Assek assemblyperson - told reporters that Chong will lodge a police report on Friday against the four witnesses, based on the judge’s remarks.

Chong said the verdict upholds the will of voters and described the judgment as well-written and succinct.

He urged both Supp and Umno to respect the decision and not resort to more legal manoeuvring.

Chong's parents and wife were in court with the assemblypersons from Pending and Batu Lintang - Violet Yong and Voon Lee Shan respectively - and various party leaders.

PKR state chief Dominique Ng also came by to congratulate Chong, a lawyer by training who is serving his second term as Kuching MP.