Riduan remains as Tenom MP, court rejects Peter's election petition

KOTA KINABALU, March 15 (Bernama) -- Independent MP Riduan Rubin retained his position as Tenom MP, after the High Court here today rejected an election petition filed against him by Parti Kesejahteraan Demokratik Masyarakat (KDM) president Datuk Peter Anthony.

Judge Dean Wayne Daly ruled that Peter’s petition was not in compliance with Rule 4(1)(b) of the Election Petition Rules read with Section 32(b) of the Election Offences Act, thus dismissed the petition with costs of RM20,000.

The judge also ruled that Peter was a convicted criminal at the time of nomination and therefore disqualified from contesting in the 15th general election (GE15) under Article 48(5) of the Federal Constitution.

At the outset, lawyer Datuk Ansari Abdullah who represented Peter argued that the Melalap assemblyman had obtained a stay of execution of his conviction from the Sessions Court, therefore the Article 48(5) will not apply to his client.

Riduan’s lawyer Tengku Datuk Fuad Tengku Ahmad argued that Article 48(5) applies immediately upon conviction and that a person remains disqualified until and unless the conviction is overturned upon an appeal.

On Jan 3, Peter filed the petition naming Riduan, Tenom GE15 returning officer Mas Syazwan Masood, EC chairman Tan Sri Ghani Salleh and the EC as repondents to nullify the result for the GE15 Tenom parliamentary seat after his nomination papers was rejected by the EC in spite of having a stay of conviction.

On Nov 5 last year, Sabah Police Commissioner Datuk Idris Abdullah said a commotion broke out at the GE15 Tenom parliamentary seat nomination centre after Peter’s nomination was rejected on the ground that he has an unresolved court case.

On Nov 11, Peter confirmed Riduan had joined his KDM party but will contest as an independent candidate in GE15 with the help of the party's election machinery, and Riduan won the five cornered contest with a majority of 1,108 vote.

On May 26 last year, Peter was jailed for three years and fined RM50,000 by the Sessions Court in Kuala Lumpur after being found guilty of falsifying a letter on contract work for maintenance and services of mechanical and electrical system at Universit Malaysia Sabah.

However on Aug 1 2022, the Sessions Court allowed Peter’s application for stay of his sentence and conviction pending an appeal.

The Kuala Lumpur High Court has today fixed April 18 to decide on Peter’s appeal after hearing submissions from his lawyer and the prosecution.

Meanwhile, Riduan in a statement today said he will continue the mandate and responsibility given to help and advance the Tenom parliamentary constituency.

"I see this decision as a symbol of democratic freedom in this country. Whether from the petitioner's side or from my side, let us together create the value of unity to maintain the existing harmony and peace," he said.

-- BERNAMA