The Malaysian Insight

THE Federal Court today dismissed an election petition appeal over the Sipitang seat, resulting in Yamani Hafez Musa remaining as MP.

Justice Tengku Maimun Tuan Mat, who led a five-member bench, dismissed the appeal by petitioner Noor Hayaty Mustapha of Parti Warisan Sabah.

The election court had struck out her suit on April 8 with costs.

“The Federal Court is not persuaded by the petitioner’s appeal that the election court had erred in its decision. Therefore, the appeal is dismissed,” said Tengku Maimun.

Noor Hayaty was ordered to pay RM40,000 to first respondent Yamani, and RM30,000 to returning officer Matlin Dullah and the Election Commission, who were named the second and third respondent, respectively.

Yamani is the son of former Sabah chief minister Musa Aman.

Besides Tengku Maimun, the other judges on the panel were Ahmad Maarop, Azahar Mohamed, Nallini Pathmanathan and Rhodzariah Bujang.

At the trial stage, Noor Hayaty failed to file a document in time despite being given the opportunity to inspect all ballot boxes on April 3.

Election court judge Azahari Kamal Ramli struck out her petition, despite a request for temporary adjournment.

Yamani was represented by lawyers Jayen Marimuthu, Tengku Fuad, Redzuan Borhan, Rizuan Akle and Azheir Farhan Arisin.

Counsel Mohammed Fareez Mohammed Salleh appeared for Noor Hayaty. – June 26, 2019.