KUALA LUMPUR (March 10): Former education minister Datuk Dr Mohd Radzi Md Jidin of Parti Pribumi Bersatu Malaysia remains as the Putrajaya Member of Parliament.
This follows the High Court on Friday (March 10) striking out the election petition filed by a 49-year-old voter, Datuk Ahmad Faisal Abdul Karim.
High Court judge Datuk Faizah Jamaludin allowing the preliminary objection made by Radzi in citing the petition filed by Ahmad Faisal as defective as it lacks certain particulars of the said alleged bribe that occurred in the election.
Faizah said the insufficiency in pleadings by Ahmad Faisal to prove beyond reasonable doubt that corrupt practice was committed by either the respondent (Radzi) or his agent was sufficient for the court not to allow the petition.
“As an election judge and using the powers vested in me, the petitioner's failure to abide by the rule results in a jurisdictional defect for this court to hear this petition further.
“Hence, this petition is struck out,” Faizah ruled.
The court ordered Ahmad Faisal to pay RM20,000 costs to Radzi.
Ahmad Faisal filed the petition on Jan 26 this year, seeking a declaration to nullify the election results on Nov 19 last year that declared Radzi of Bersatu and the Perikatan Nasional (PN) coalition as the winner in defeating incumbent Datuk Seri Tengku Adnan Tengku Mansor.
He claimed that the parliamentary seat should be declared void owing to Radzi’s purported knowledge or consent of his agent that the voters there had been induced to vote for PN or be refrained from voting for any other candidate.
The petitioner claimed that there was a WhatsApp message circulating alleging such an offer of bribes.
Faizah in her oral judgement said the question was whether the recipients of the WhatsApp message were registered voters of the Putrajaya constituency, and whether they were offered or induced to vote for other candidates.
She said while the petitioner alleged that one Najmi Azamuddin Abas had claimed receiving the bribe on Jan 4 this year as a reward for voting the respondent (Radzi), it was lacking in fact and particulars.
The judge questioned if it was the PN worker who gave the bribe, while the place where he received it was not stipulated — and whether this was in connection with Radzi’s election.
“It is difficult to make a case under Section 32(c) of the Election Offences Act to allege the payment was in connection with Radzi or with his knowledge, or with his agent’s knowledge, or with the bribe given to vote for Radzi or refrain from voting for other candidates.
“There is also no evidence that the purported PN party worker acted for the respondent (Radzi). There must be a nexus between the party worker and the respondent. There are insufficient details in the pleadings,” the judge said in striking out the petition.
Ahmad Faisal was represented by Datuk Mohd Hafarizam Harun and Nor Hazirah Abu Hayan, while Yusfarizal Yusoff and Ahmad Lutfi Awang appeared for Radzi. Senior federal counsel Raja Shahril Anuar held a watching brief on behalf of the Election Commission, while Datuk SS Ruben appeared for Tengku Adnan.
During the 15th general election, Radzi won the Putrajaya seat in a six-cornered fight with a majority of 2,310 votes for PN.
Radzi, contesting under the PN ticket, beat Putrajaya's four-term MP Tengku Adnan of Barisan Nasional.