The Rantau State seat: Fresh election to be held!

16 November 2018


SEREMBAN: The Election Court today allowed the petition by PKR candidate Dr Streram Sinnasamy for a fresh election to be held for the Rantau state seat in Negeri Sembilan.

Judge Azimah Omar said incumbent assemblyman Mohamad Hassan had not been duly elected.

“A by-election must be held as soon as possible,” she added.

Azimah said there would have been a contest for the seat if Streram had been allowed to file his nomination papers on April 28.

She said there was ample evidence to show that Streram, his proposer and seconder were denied entry to the nomination centre.

“This itself was an act of suppression,” she said, ordering returning officer Amino Agos Suyub to pay Streram costs of RM30,000.

Streram filed the petition on May 23 to nullify the Election Commission’s (EC) decision to declare Mohamad the winner of the Rantau state seat.


Rafizi Ramli has denied he will contest the Rantau state seatfollowing the Election Court’s decision that a fresh contest be held.

Speaking to Malaysiakini this afternoon, the incumbent PKR vice-president also trained his guns on those aligned to deputy president Azmin Ali.

“That’s a lie spread by people from Azmin’s camp.

“(There is) no truth whatsoever (in the claim). Meant to spite me,” he told Malaysiakini in a text message.

Rafizi, who contested against Azmin for the PKR number two post, reiterated that he would not take up a public office for now.

According to him, PKR should field Dr S Streram again for the Rantau seat.

“Streram had worked so hard to service the constituents there. He was victimised when he was stopped from filing his candidacy.

“The best person to stand in Rantau is Streram. And I will campaign hard for him,” he added.


Dr Streram filed a petition on May 23 to nullify the EC’s decision to declare former Negeri Sembilan Menteri Besar Mohamad Hasan as the winner of the Rantau State seat in the May 9 General Election.

He also sought an order compelling the EC to hold a by-election for the seat.

The doctor claimed that the EC had denied him the right to contest the Rantau seat in the recent General Election.

Mohamad, then Negeri Sembilan Menteri Besar, won the seat unopposed.

16 October 2018

The Federal Court today ruled that the Court of Appeal has jurisdiction to hear Election Commission returning officer Amino Agus Suyub’s appeal and stay on his jail sentence for contempt.

The five-member bench, chaired by Chief Justice Richard Malanjum, granted Amino a stay on his three-month jail term pending disposal of his appeal.

The bench also comprised Court of Appeal President Ahmad Maarop, Federal Court judge Ramly Ali, Chief Judge of Malaya Zaharah Ibrahim and Chief Judge of Sabah and Sarawak David Wong Dak Wah.

According to Justice Malanjum, Amino must be given the right of a two-tier appeal.

The Court of Appeal said yesterday that Amino’s appeal against his jail sentence was beyond its jurisdiction, pointing out that appeals against contempt proceedings by an Election Court should be heard by the Federal Court.

At the Court of Appeal, Amino’s counsel G Rajasingam informed a three-member bench of the apex ruling.

Speaking to reporters later, Rajasingam said he would write to the Election Court judge to obtain the written grounds before filing a memorandum of appeal.

3 October 2018


SEREMBAN: The Election Court here sentenced a returning officer to three months’ jail after he was found guilty of contempt of court for coaching a witness in a petition brought by a PKR candidate.

Judge Azimah Omar, in sentencing Amino Agos Suyub, who is also the Rembau district officer, said the court must send a strong message that the general election or by-elections must be conducted in a free and fair manner.

“You lacked integrity and this court must impose a sentence to achieve justice,” she said.

Azimah said she took into consideration Agos’s family background, his occupation and the consequences of today’s ruling.

“The court also weighed the mitigating factors and public interest. However, your action was serious as this is an election petition,” she said.

She said the petitioner, Dr Streram Sinnasamy, made a serious accusation that he was denied entry to the nomination centre as he did not have an entry pass.

“However, I cannot accept your explanation that you did not intend to coach your subordinate to give evidence in this petition,” she said.

Azimah said, as district officer, Agos was also a second class magistrate who could issue remand orders.

“You are no ordinary layman,” she added.

The judge later allowed an interim stay of Agos’s sentence pending an appeal to the Federal Court.

2 October 2018

1 October 2018

SEREMBAN: Inspector-General of Police Mohamad Fuzi Harun told the Election Court today that the directive to stop PKR candidate Dr Streram Sinnasamy from entering the nomination centre on April 28 came from the returning officer.

The top cop said he was informed about the matter by his subordinate, the chief police officer (CPO) of Negeri Sembilan.

“The CPO briefed me and said the instruction to stop the candidate for the Rantau state seat came from the returning officer (Amino Agos Suyub),” he told the court.

Fuzi said he was also informed that Streram, his proposer and seconder were prevented from filing the nomination papers as they did not have the entry passes issued by the Election Commission (EC).

He said there was an understanding between the EC and the police that the latter was only to provide security during the nomination process.

He added that the decision to allow or bar a candidate, proposer or seconder from entering the nomination centre was the sole prerogative of the returning officer.

“If the returning officer says no, the policemen on duty will not allow any of them to enter the nomination centre.”

During the cross-examination by lawyer Mohamed Hafarizam Harum, Fuzi said he was also told that no other candidate for the Rembau parliamentary seat or any other state seat within the constituency was barred from entering the nomination centre.

Hafarizam is appearing for Mohamad Hasan, the former Negeri Sembilan menteri besar who won the Rantau seat unopposed.

When further cross-examined by Sathya Kumardas, the lawyer appearing for the EC and the returning officer, Fuzi said the police had attended a briefing before nomination day.

“We were told that only those with entry passes could go into the nomination centre,” he added.

He agreed with Sathya that he had no personal knowledge of what had happened outside the Dewan Sri Rembau nomination centre, and that his information was based on the briefing and report by the CPO.

He added that he had no knowledge about the investigation by the district police following a report by Streram.

Ex-Negri MB fails to stop election petition trial


PETALING JAYA: The election court hearing a petition filed by PKR candidate Dr Streram Sinnasamy has dismissed an application by Rantau assemblyman Mohamad Hasan to suspend the trial pending an appeal to the Federal Court.

Judge Azimah Omar said there was no necessity to postpone the hearing as it is set to begin next week.

On Aug 29, Azimah said she would hear Streram’s complaint after dismissing Mohamad’s application to throw out the petition for non-compliance of election court procedures.

Mohamad, a former Negri Sembilan menteri besar, could rush to the Federal Court this afternoon to file another stay application to stop the hearing scheduled to begin on Sept 12.

Azimah, who is sitting in the High Court in Seremban, fixed seven days for the trial, from Sept 12 to 14, Sept 27 and 28, and Oct 1 and 2.

Lawyer Wan Azmir Wan Majid represented Mohamad while Stella Sathia Sidhu appeared for Streram.

Stella told Azimah that the stay application should be dismissed as an election petition trial should be completed within six months from the date of filing a case.

SEREMBAN (Aug 8): The Special Election Court here set Aug 29 to decide on the application on preliminary objection filed by UMNO deputy president Datuk Seri Mohamad Hasan to strike out the election petition filed by PKR candidate Dr S Streram for the Rantau State seat in the Rembau Parliamentary constituency.

Judge Datuk Azimah Omar set the date after hearing the petition today.

Dr Streram filed a petition on May 23 to nullify the EC’s decision to declare former Negeri Sembilan Menteri Besar Mohamad Hasan as the winner of the Rantau State seat in the May 9 General Election.


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