Election Court to hear Hafez’s opposition to discovery application April 1

KOTA KINABALU: The Election Court will on April 1 hear Sipitang MP Yamani Hafez Musa’s opposition against the discovery application by Parti Warisan Sabah’s candidate.

Kuching-based High Court Judge Azhahari Kamal Ramli fixed the date on Monday during the hearing on the discovery application by petitioner Noor Hayaty Mustapha.

Noor Hayaty’s lead counsel, J Marrimuttu, informed the court that the said application was only served on them last Thursday and that parties required times to seek instruction to file an affidavit in opposition to the application.

Azhahari set March 22 for Yamani to file the affidavit in opposition and fixed March 26 for the petitioner to file her affidavit-in-reply and also set March 29 for parties to file their submissions.

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Noor Hayaty named Yamani, Returning Officer (RO) Matlin Dullah and the Election Commission (EC) as the first, second and third respondent, respectively.

She was seeking a declaration that the election result for the seat held on May 9 is void and also seeking a declaration that BN Umno’s candidate Yamani was not duly elected or ought not to have been returned.

The Election Court here had on Oct 15, 2018, struck out the petition with costs but the Federal Court in Putrajaya on Feb 18, remitted the petition to the Election Court for trial.

Meanwhile, in Noor Hayaty’s discovery application, she among others, requested for the RO and EC to produce an affidavit that documents such as Forms 13 and 14, used and unused ballot papers, marked copies of the electoral roll and counterfoils of the ballot papers which were in the custody of the EC.

Noor Hayaty also sought the court’s order that she or her agents be allowed to inspect, photograph and take copies to be produced for trial.

She also applied for an order that on the first inspection day that there be an inspection of the sealed packet or envelopes affixed with security tapes by the petitioner or her agents in the presence of court bailiff, prior to the breaking of the security tapes affixed to the packet or envelopes containing the documents.

Noor Hayaty was represented by counsel Chung Jiun Dau, Melanie Tann Mei Yan and Mohammed Fareez Mohammed Salleh.

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The EC was represented by counsel Faizal Sarbi.

Together with Marrituttu on Monday was counsel Azhier Farhan Arisin.

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