Sarawak’s Layar election petition decision put off
Malaysiakini
Sep 22, 2006
Tony Thien

The Kuching Election Court today deferred its decision on an application to strike out the election petition to annul the election of Deputy Chief Minister Alfred Jabu in the Layar state constituency after hearing submissions from both sides.

Judge Lau Bee Lan said she would notify both parties of the date when she is ready with her decision. The two-day hearing ended today.

The petitioner, Dayrell Walter Entrie, through his counsel Dominique Ng, had filed the election petition to declare Jabu's election as invalid in the May 20 state election on the ground of alleged bribery.

Walter, the opposition Sarawak National Party Youth chief, polled 1,090 votes against Jabu's 3,767 votes in a three-cornered fight. The third candidate, Peter John, who contested as an Independent, bagged 105 votes.

The respondent's senior lead counsel Cecil Abraham raised three basic issues in the preliminary objections when asking the court to strike out the election petition.

He said the three issues pertained to the mandatory requirements of an election petition, including the requirement that the petitioner deposed at the High Court registry one original and two copies of the petition at the time of filing, the proper personal service of the petition, and service of the petition by way of pre-paid registered post.

Three poll petitions thrown out

Only a small group of supporters turned up at the court hearing this afternoon. The petitioner was however not seen in court today.

A total of four election petitions were filed in Kuching, Sibu and Miri following the results of the last state elections.

The court had earlier thrown out the first three election petitions - largely on the point of technicalities following preliminary objections raised by the respondents - against the election of two Barisan Nasional and an Independent candidates.

The BN candidates are Sarawak Peoples Democratic Party’s deputy president and state assistant minister Peter Nyarok in Krian and state assemblyperson for Ba'kelalan Nelson Balang, while the Independent candidate is Ngemah Gabriel Adit - all of whom had won their respective seats in the state polls.

Adit has since applied and been accepted into SPDP..