KUALA LUMPUR, March 10 — Datuk Dr Mohd Radzi Md Jidin of Bersatu has retained his position as Putrajaya Member of Parliament, after an election court rejected a petition that was filed against him.
This was after High Court Judge Datuk Faizah Jamaludin allowed a preliminary objection made by Mohd Radzi to strike out the petition filed by Putrajaya UMNO division vice chief Datuk Ahmad Faisal Abdul Karim.
The judge ruled that the petitioner (Ahmad Faisal) failed to prove corrupt practice was committed by either the respondent (Mohd Radzi) or his agent.
“The deficiency in facts and particulars on alleged bribery to voters will make it impossible to prove his case beyond reasonable doubt if trial was held. I find the petition has not complied with rule 4 (1) (b) of the election petition rules and therefore, defective,” the judge said via online proceedings today.
She further said that as an election judge she was constrained by the powers expressly vested in her under the Election Offences Act.
“The petitioner’s failure to comply with the pleadings and procedures has resulted in a jurisdictional defect which deprived me of hearing the petition. Thus, this petition is struck out,” she said.
Hence, the court also ordered Ahmad Faisal to pay RM20,000 in costs to Mohd Radzi.
Lawyers Hafarizam Harun, Norhazira Abu Hayan and Amin Othman represented Ahmad Faisal meanwhile Mohd Radzi was represented by Yusfarizal Yussoff.
In the petition filed on Jan 26, Ahmad Faisal was seeking a court order to declare that Mohd Radzi should not have been declared the winner of the Putrajaya seat in the 15th general election on Nov 19 last year as his alleged bribes of RM150 each induced voters to vote for him and not other candidates.
The bribes were allegedly discovered through a WhatsApp group on Nov 21 and Dec 21 last year, as well as on Jan 4 this year.
Mohd Radzi won the Putrajaya seat by polling 16,002 votes, beating four-term incumbent Tengku Adnan Tengku Mansor of Barisan Nasional, who obtained 13,692 votes.
