Indie candidate loses bid to quash Sabah election result for Karanaan

KOTA KINABALU (March 12): The High Court here yesterday dismissed a bid by an independent candidate in the last Sabah election to quash the result of the Karanaan seat won by Datuk Seri Masidi Manjun.

In dismissing with cost Naomi Francis’ application for leave for a judicial review, Judge Datuk Alexander Siew How Wai ruled the application to be frivolous and vexatious.

“The Federal Constitution has provided for the method to challenge an election result, and that is by way of an election petition.

“This court is in broad agreement with the submissions of the federal Attorney-General’s Chambers (AGC), as well as the submissions of the putative second respondent, that the threshold for leave has not been met and the matter is not amenable to judicial review.

“In the premises, the application for leave for judicial review is dismissed”, said the judge.

The court ordered RM5,000 cost each to the AGC and Masidi, who is Deputy Chief Minister and Finance Minister.

Naomi had filed an ex-parte application for a leave for judicial review on Dec 26 last year, naming the Election Commission and Masidi as the first and second respondents respectively.

In her application, Naomi sought, among others, an order for a fresh election, stating that the process allegedly failed to meet legal and democratic standards.

She further alleged that the election was tainted by corruption and misconduct, including that voters were offered cash and other inducements during the campaign by individuals linked to the winning candidate.

Masidi, representing Gabungan Rakyat Sabah, won the seat with a majority of 5,361 votes.

Representing Naomi yesterday was counsel Priskila Akwila Sinem.

Masidi was represented by lawyers Rizwandean Bukhary M. Borhan, Shahlan Jufri and Elhanan James, while senior federal counsel Ahmad Hanir Hambaly appeared for the AGC.