PETALING JAYA: The election court hearing a petition filed by PKR candidate Dr Streram Sinnasamy has decided to hear the merit of the complaint in a trial.
Judge Azimah Omar, who dismissed a preliminary objection by Rantau assemblyman Mohamad Hasan, said election petitions were based on strict rules.
“However, after reviewing the extensive submission by parties, I find the petition not defective,” she said.
Azimah Omar said, as such, the allegation asserted must be put to a full trial by calling witnesses.
The judge, who is sitting in the High Court in Seremban, fixed seven days for the trial, from Sept 12 to 14, Sept 27 and 28, and Oct 1 and 2.
The Election Commission (EC) and the returning officer for the Rantau state seat, Amino Agos Suyub, had earlier withdrawn their preliminary objections and opted to contest the case.
Mohamad is also the former Negri Sembilan menteri besar and current Umno deputy president.
Muhammad Rafique Rashid Ali, a member of Streram’s legal team, informed the judge that they would call eight witnesses to prove their claim.
“We will also be calling the Inspector-General of Police Mohamad Fuzi Harun as one of the witnesses,” he said.
He also said the petitioner would be relying on audio visual recordings to support his argument.
Mohamad, represented by Mohamed Hafarizam Harun, is expected to call four witnesses to rebut Streram’s petition.
Streram filed his action on April 28, claiming the EC had denied him the right to contest the Rantau seat in the recent general election.
He wants the election court to declare Mohamad’s victory illegal and a by-election be held.
He said the EC had breached provisions in the Election Offences Act 1954 and regulations when its officers did not order the police to allow him, his proposer and seconder into the nomination centre.
As a result, he said, although he was qualified, he was denied the constitutional right to contest in the election.