PUTRAJAYA: The Court of Appeal has reserved its decision to a date yet to be fixed on whether or not the contempt of court proceedings against a returning officer should be sent back to the Election Court for a retrial.
Justice Datuk Dr Hamid Sultan Abu Backer, who chaired a three-man bench, said the court would also decide on whether the same Election Court judge or another judge should hear the contempt of court proceedings against Amino Agos Suyub.
He told counsels in the appeal that the court would reserve its decision on the two issues and requested them to submit their submissions on those issues to the court before Feb 7.
He said the matter was a case of contempt on the face of the Election Court judge and the court could not abruptly deal with the matter.
The court needed some time to study the matter, which is of public interest, he added.
Justice Dr Hamid said the court would reconvene again to allow counsels to complete their submissions in the appeal, if the court decided not to send the case back for a retrial.
Presiding with him were Justices Datuk Hanipah Farikullah and Datuk Wira Kamaludin Md Said.
Amino Agos, the returning officer for the Rembau parliamentary seat, was sentenced to three months jail by the Election Court for coaching a witness in an election petition.
Earlier, Justice Dr Hamid suggested parties to go back to the High Court for a retrial of the contempt of court proceedings.
Counsel G. Rajasingam, representing the Election Commission (EC) and Amino Agos, told the court that they agreed to the suggestion but wanted the matter to be retried before another judge.
Lawyer Muhammad Rafique Rashid Ali, representing the petitioner, Dr S. Streram, said they took the stand that the matter should not be sent back for a retrial and it could not be sent back for retrial before a different judge.
Amino Agos is appealing against the Election Court Judge Datuk Azimah Omar’s decision in October last year in finding him guilty of coaching a witness in the election petition brought by Dr Streram, a Pakatan Harapan candidate, and had sentenced him (Amino Agos) to three months’ jail.
Dr Streram had filed the election petition seeking to nullify the EC’s decision in declaring Umno deputy president Datuk Seri Mohamad Hasan as the winner of the Rantau state seat, one of four state seats under Rembau.
Mohamad won the seat unopposed after Amino Agos refused to allow Dr Streram into the nomination centre as he did not have a valid pass issued by the EC.
The appeals by EC and Mohamad are scheduled for hearing at the Federal Court on Feb 18, against the Election Court decision to order for a fresh election to be held for the Rantau state seat in Negri Sembilan. — Bernama
