Election court decision a dangerous precedent of subversion of the court system in Malaysia

The Federal court on 22nd December has ordered the election petition of Lubok Merbau state seat to be heard in the election court. The election court judge has refused the petitioner’s lawyer to represent him on the basis that the lawyers have no locus standi to represent the petitioner. The election court also refused the petitioner to represent himself in the trial thereby technically refusing the trial to proceed.

This judgment is not only against the rule of natural justice but can also be seen as an act of defying the Federal Court’s judgment which was made last month. The judgment from the high court would set a dangerous precedent of subversion of the court system in Malaysia where a high court judge could openly defy a verdict from the federal court.

The election court judge has also refused the petitioner’s request for disqualify or recusal. Who is the judge trying to protect by technically not allowing the election petition trial to proceed?

The number of spoilt votes in Lubok Merbau is 150 votes. This is more than double the majority won by the BN candidate (72 votes). By silencing the election petitioner and the petitioner’s lawyer, it is evident that there are power behind the throne that does not want the truth to prevail. By denying the petitioner access to justice, the judge is also denying Justice to the Lubok Merbau voters and largely to the Perakians .

With the injunction against another two BN representative, namely Rungkup and Manong, the Lubok Merbau election petition is of great significant in deciding the state government. Will the Perakians be denied another chance to their choice of government through a free and fair election after the coup de’tat in Perak five years ago, with the illegal and unconstitutional grab of power?

BN is currently holding a wafer thin two-seat majority in Perak and the state government is seriously under threat. It comes as no surprise that election petitions are silenced with the most preposterous and ridiculous of measures, and with this, even contempt of the highest court of the land.

Media Statement by Chong Zhemin, DAP Perak Economic Development Bureau Chief and Political Secretary to the Taiping MP on 13th Jan 2014

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