UMNO’S Hafez Yamani, the son of former Sabah chief minister Musa Aman, gets to keep the Sipitang parliamentary seat after the election court today struck out a petition filed by Parti Warisan Sabah.

The court also ruled in favour of two Barisan Nasional assemblymen, namely Kundasang’s Joachim Gunsalam and Sook Ellron Angin (Sook).

The decisions were made by Sibu-based high court judge Lee Heng Cheong in a late-afternoon session.

Lee ordered the petitioners to pay RM20,000 in costs to the first respondents, as well as an additional RM5,000 to the second and third respondents – the returning officers and Election Commission, respectively – in all three cases.

Angin’s counsel, Tengku Fuad Tengku Ahmad, said the court ruled that the three petitioners had failed to submit three physical copies of each election petition to the court registry.

“The court held that the election petitions did not have sufficient facts to sustain them at trial.”

J. Marimuthu, Fuad’s co-counsel representing Hafez and Joachim, said in the Sipitang case, the judge ruled that the petitioner had failed to comply with Section 38(1) (a) of the Election Offences Act 1954, meaning the petition was not filed in time.

The Warisan petitioners – Noor Hayaty Mustapha for Sipitang, Martin Tomy @ Tommy (Sook) and Siriman @ Mohd Fazid Basir (Kundasang) – had sought a declaration that the May 9 general election results for the three seats were void, and that the BN trio were not duly elected or ought not to have been returned.

Representing Noor Hayaty were counsel Fareez Salleh and Chung Jiun Dau, while Siriman was represented by Baldev Singh, Datu Baginda Datu Laja and Stella Simon. Martin was represented by Nelson W. Angang and Jaikol Situn.

Hafez has yet to be sworn in as Sipitang MP.

The election court, meanwhile, has yet to decide on the outcome of the petitions filed in relation to the Keningau and Kimanis federal seats, and Kiulu state seat. – October 15, 2018.