Judge Azimah Omar, in sentencing Amino Agos Suyub, who is also the Rembau district officer, said the court must send a strong message that the general election or by-elections must be conducted in a free and fair manner.
“You lacked integrity and this court must impose a sentence to achieve justice,” she said.
Azimah said she took into consideration Agos’s family background, his occupation and the consequences of today’s ruling.
“The court also weighed the mitigating factors and public interest. However, your action was serious as this is an election petition,” she said.
She said the petitioner, Dr Streram Sinnasamy, made a serious accusation that he was denied entry to the nomination centre as he did not have an entry pass.
“However, I cannot accept your explanation that you did not intend to coach your subordinate to give evidence in this petition,” she said.
Azimah said, as district officer, Agos was also a second class magistrate who could issue remand orders.
“You are no ordinary layman,” she added.
The judge later allowed an interim stay of Agos’s sentence pending an appeal to the Federal Court.
Lawyer G Rajasingam, who appeared for Agos, mitigated that his client be given a non-custodial sentence, preferably an admonishment.
He said his client was subject to disciplinary action under the General Orders and that he could lose his job should a jail term be imposed.
“His action was impulsive but he has learnt his lesson,” the lawyer said, pleading that the court tamper justice with mercy.
Earlier, the court cited Agos for contempt of court as he had guided his former subordinate, Daing Muhamad Rahimi Abdul Hamid, a witness, to give evidence in the petition.
Azimah said the conduct of Agos amounted to interference in the administration of justice.
“You coached the witness who was your subordinate.
“Your conduct cannot be tolerated, especially when you are a senior government officer,” she said when ordering Agos to show cause why he should not be punished, including being sent to prison.
Agos, who took the stand, profusely apologised to the court and said he had no intention of interfering in the proceedings.
However, the judge refused to accept his explanation.
The unprecedented proceeding in the election case came about on Thursday when Daing Rahimi, under cross-examination, said Amino had sent a few text messages summarising his evidence and guiding him on how to give his testimony.
Streram’s lawyer Mohamed Haniff Khatri Abdullah requested the judge to take notice of the messages and initiate contempt proceedings against Agos.
Before framing the charge today, Azimah held an inquiry by calling Daing Rahimi and Amino to seek clarification on the WhatsApp text message.
Azimah said it was clear that Agos was Daing Rahimi’s superior during nomination day on April 28
Daing Rahimi, who was a Rembau assistant district officer, was also an assistant returning officer.
Streram had brought the action against Agos, the Election Commission (EC) and Mohamad Hasan, the incumbent assemblyman for Rantau.
Streram said Agos and the EC had denied him his right to contest the Rantau seat in the May 9 general election.
Streram told the court that he had paid RM8,000 in election deposit at the Seremban EC office.
He said he was never informed by the EC or its agents that name tags or entry passes were required to enter the Dewan Sri Rembau nomination centre.
The Rantau state assembly seat was won uncontested by Mohamad, the former Negeri Sembilan menteri besar and assemblyman for the constituency since 2004.
Streram wants the election court to declare Mohamad’s victory illegal and that a by-election should 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.
“The voters in Rantau were also not given the chance to cast their ballots,” he said.