Federal Court affirms Abdul Hadi’s GE15 Marang victory
PUTRAJAYA, Nov 15 — The Federal Court has today affirmed Tan Sri Abdul Hadi Awang as the Marang parliamentary representative after it dismissed an appeal by a Barisan Nasional (BN) candidate to nullify the PAS president’s 15th general election result.
A Federal Court three-member panel unanimously ruled against the petitioner, BN candidate Jasmira Othman, in his bid to unseat Abdul Hadi after finding Jasmira had failed to prove the petition beyond reasonable doubt that voter inducement had taken place.
The three-member panel was led by President of the Court of Appeal Tan Sri Abang Iskandar Abang Hashim, together with Federal Court judges Datuk Rhodzariah Bujang and Datuk Zabariah Mohd Yusof.
Abang Iskandar said the petitioner failed to prove and establish the principle of agency over the appointment of several Terengganu state excos by Abdul Hadi to distribute financial aid from the state government a few days before GE15 in the constituency.
“In essence there has to be an appointment (by the candidate) of a political party or prominent member in their consent to actively promote the election as an agent.
“The bench is also not with the appellant on the other issues raised (alleged graft during the general election).
“On that regard, this appeal is therefore dismissed,” Abang Iskandar said in the judgment.
Abdul Hadi was represented by Kota Baru MP Datuk Seri Takiyuddin Hassan, Yusfarizal Yusof and Wan Rohimi Wan Daud; while Datuk Mohd Hafarizam Harun appeared for Jasmira.
Earlier, during submission, Mohd Hafarizam argued the decision by PAS to not dispute two prior election petition findings by the Election Court over the Kemaman and Kuala Terengganu parliamentary seats was equivalent to an admission of corrupt practice having taken place.
The Election Court had previously nullified the election results for both the Kemaman and Kuala Terengganu seat, after accepting allegations that there had been bribery in several official events of the Terengganu state government through the distribution of i-Belia and i-Siswa aid funds to voters during the GE15 campaign period.
“All these agents (state government officials) have one aim, one objective and that is to make respondent (Abdul Hadi) win the election.
“They share a common interest in wanting to gain victory,” he said, adding that these agents were high-ranking members in PAS.
Yusfarizal argued that there was no evidence to suggest the state excos were agents of Abdul Hadi, stating there they neither received instructions nor reported to Abdul Hadi on their progress after the event.
He said the financial assistance initiative by the state government cannot be construed as a premeditated plan to bribe voters since there were prerequisites for interested applicants and the prerogative of the state legislative assembly.
On June 27, the Election Court in Terengganu dismissed the election petition filed by Jasmira to challenge Abdul Hadi’s victory.
Among the points raised in the petition were allegations that PAS had bribed voters by distributing financial aid from the state government through the i-Pension, i-Belia and i-Student initiatives.
In GE15, Abdul Hadi retained the Marang seat with a majority of 41,729 votes, defeating three other candidates, namely Jasmira, Azhar Ab Shukur (Pakatan Harapan) and Zarawi Sulong (Parti Pejuang Tanah Air).
