Following the Federal Court’s decision to dismiss Barisan Nasional candidate Abdul Hakim Abdul Wahid’s appeal, Datuk Mas Ermieyati Samsudin will continue to serve as the Perikatan Nasional MP for Masjid Tanah after the 15th General Election (GE15).
A three-member bench, consisting of Justices Tan Sri Nallini Pathmanathan, Datuk Mary Lim Thiam Suan, and Datuk Abu Bakar Jais, ruled that the Election Court judge was correct in his decision to reject Abdul Hakim’s election petition.
Justice Nallini, while reading out the judgment, stated that the Election Court judge did not make any errors in failing to find evidence of bribery under Section 10(a) of the Election Offences Act 1954.
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She highlighted the argument put forth by Abdul Hakim’s counsel regarding the term ‘induce any elector or voter to vote or refrain from voting’, which was contested by Mas Ermieyati’s legal team.
“It was suggested that inducement under Section 10(a) could be inferred from the act of giving money to a voter after voting, but we find such actions to be unacceptable and not to be condoned by any court,” she explained.
Justice Nallini emphasized that Section 10(a) requires evidence of inducement, meaning that the voter must be influenced or persuaded by an act or promise of money or another form of consideration.
“There is a lack of evidence in this appeal to suggest that voters were influenced or induced to vote in a particular manner. Without extrinsic evidence, no inducement can be inferred,” she added.
She also questioned whether paying money to voters had any impact on their voting decisions, as the voters had already cast their ballots without being promised payment or being aware of any distribution of money.
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“In the absence of any evidence of a promise of money or other consideration prior to voting, can it be said that the voter was induced to vote by the respondent or its agent? We believe not, as the element of inducement must be proven for bribery under Section 10(a),” she stated.
The Election Court in Melaka had previously confirmed Mas Ermieyati’s victory in GE15 on October 27, after rejecting Abdul Hakim’s election petition for failing to establish corrupt practices during the campaign.
In January the previous year, Abdul Hakim had filed the petition alleging corruption, including the use of money and feasts to entice voters in GE15.
Mas Ermieyati secured the seat with a majority of 4,411 votes in a contest involving Abdul Hakim, Mutalib Uthman (Muda), and Handrawirawan Abu Bakar (GTA-Pejuang). – Bernama
More to come
