KOTA KINABALU – Independent lawmaker Riduan Rubin retained his position as Tenom MP after the high court here today rejected an election petition filed against him by Datuk Peter Anthony.
Judge Dean Wayne Daly ruled that the Parti Kesejahteraan Demokratik Masyarakat (KDM) president’s petition was not in compliance with Rule 4(1)(b) of the Election Petition Rules read with Section 32(b) of the Election Offences Act, and dismissed the petition with costs of RM20,000.
The judge also ruled that Peter was a convicted criminal at the time of nomination and therefore disqualified from contesting in the 15th general election (GE15) under Article 48(5) of the federal constitution.
At the outset, lawyer Datuk Ansari Abdullah who represented Peter argued that the Melalap assemblyman had obtained a stay of execution for his conviction from the sessions court and therefore Article 48(5) would not apply to his client.
Riduan’s lawyer Datuk Tengku Fuad Tengku Ahmad argued that Article 48(5) applies immediately upon conviction and that a person remains disqualified until and unless the conviction is overturned upon an appeal.
On January 3, Peter filed the petition – naming Riduan, Tenom GE15 returning officer Mas Syazwan Masood, Election Commission (EC) chairman Tan Sri Abdul Ghani Salleh, and the EC as respondents – to nullify the GE15 result for Tenom after his nomination papers were rejected by the EC despite him having been granted a stay of conviction.
On November 5 last year, Sabah police commissioner Datuk Idris Abdullah said a commotion broke out at the Tenom parliamentary seat nomination centre after Peter’s nomination was rejected on the grounds that he had an unresolved court case.
On November 11, Peter confirmed Riduan had joined his KDM party but would contest GE15 as an independent candidate with the help of the party’s election machinery, and Riduan won the five-cornered contest with a 1,108-vote majority.
On May 26 last year, Peter was jailed for three years and fined RM50,000 by the Kuala Lumpur sessions court after being found guilty of falsifying a letter on contract work for the maintenance and services of a mechanical and electrical system at Universiti Malaysia Sabah.
However on August 1, 2022, the sessions court allowed Peter’s application to stay his sentence and conviction pending an appeal.
The Kuala Lumpur High Court has today fixed April 18 to decide on Peter’s appeal after hearing submissions from his lawyer and the prosecution.
Meanwhile, Riduan in a statement today said he will continue the mandate and responsibility given to advance the Tenom parliamentary constituency.
“I see this decision as a symbol of democratic freedom in this country. Whether from the petitioner’s side or from my side, let us together create the value of unity to maintain the existing harmony and peace,” he said. – Bernama, March 15, 2023
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