PUTRAJAYA (Feb 28): The Masjid Tanah parliamentary seat in Melaka remains in the hands of Perikatan Nasional’s (PN) Datuk Mas Ermieyati Samsudin.

A three-member Federal Court bench on Wednesday unanimously dismissed the appeal by Barisan Nasional (BN) candidate Abdul Hakim Abdul Wahid to nullify Mas Ermieyati’s victory in the 15th general election for purportedly giving bribe money to voters after they cast their ballot.

Mas Ermieyati is also the current Public Accounts Committee chairman.

Federal Court judge Tan Sri Nallini Pathmanathan, who sat with Datuk Mary Lim Thiam Suan and Datuk Abu Bakar Jais, said while the court abhors and does not condone such acts of giving money during elections, the bench found Abdul Hakim had failed to prove that the inducement led electors to vote or refrain from voting.

Nallini said the critical word of 'inducement' meant that such an act had persuaded voters to vote or not to vote.

“There is no evidence that electors were persuaded to vote or not to vote. This, in turn, is an essential element in Section 10(a) of the Election Offences Act 1954, [which] is not met or sufficient to amount to bribery under the Act.”

The judge noted that the promise of money would need to be linked to an action.

“We do not think so, as the act (bribery) requires inducement to be proven, similarly for corrupt practice. As a result, the appeal by the petitioner (Abdul Hakim) is dismissed with no order as to costs,” Nallini added.

Section 10(a) of the Act stipulates that every person who, before, during or after an election, who directly or indirectly, by himself or by any other person on his behalf, gives, lends, or agrees to give or lend, or offers, promises, or promises to procure or to endeavour to procure, any money or valuable consideration to or for any elector or voter, or to or for any person on behalf of any elector or voter or to or for any other person, in order to induce any elector or voter to vote or refrain from voting, or corruptly does any such act as aforesaid on account of such elector or voter having voted or refrained from voting in any election, shall be deemed guilty.

On Oct 23, Election Court judge Datuk Abu Bakar Katar dismissed Abdul Hakim’s petition, resulting in this appeal.

Abdul Hakim’s counsel Datuk Mohd Hafarizam Harun earlier argued that his client had managed to prove that money was given out behind a Pizza Hut restaurant between 2pm and 3pm on the polling day by Mas Ermieyati’s agent.

That would show that bribery was committed, a sufficient proof to nullify the Parti Pribumi Bersatu Malaysia leader's win, he argued.

However, all three apex court judges asked Hafarizam how such evidence had led voters to vote or not to vote, as the word inducement in the Act requires an actual action.

Hafarizam asked the court to make an adverse inference, as three witnesses had testified that they received the money. But the bench asked whether the petitioner's lawyer had questioned the witnesses why they accepted the money and who they voted for. The BN lawyer admitted that he did not do so.

Mohd Yusfarizal Yussoff for Mas Ermieyati also said the petitioner had failed to prove that the purported act of bribery had influenced the recipients.

Yusfarizal said the petitioner would have to prove that the money had induced the recipients to procure or endeavour to procure the election of Mas Ermieyati, and this was not proven.

During the 15th general election, Mas Ermieyati won the seat with a majority of 4,411 votes, in a four-cornered fight against Abdul Hakim, Mutalib Uthman (Muda), and Handrawirawan Abu Bakar (Gerakan Tanah Air-Pejuang).

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Election Court dismisses BN’s election petition in Masjid Tanah, PN retains parliamentary seat