THE Cameron Highlands parliamentary seat has been declared vacant after a court found sitting MP C. Sivarraajh of MIC guilty of bribing Orang Asli voters in the run-up to the May 9 general election.

Justice Azizah Nawawi said that a “pattern of giving money to voters during the period before the election” and corrupted practices had been proven.

The graft allegedly took place during meetings on April 28, May 3, 6, 7, 8 and 9 this year, as claimed by the petitioner, M. Manogaran, the DAP candidate for Cameron Highlands. 

In his petition filed on June 4, Manogaran named Sivarraajh, who is also MIC vice-president, as the sole respondent.

He said Sivarraajh had campaigned with Pahang Menteri Besar Wan Rosdy Wan Ismail and had given bribes of between RM30 and RM1,000 to members of the Orang Asli community via the village headmen (batin) to ensure they would vote for the BN candidate in the five-cornered contest. 

Azizah today said the petitioner (Manogaran) has established beyond reasonable doubt that bribery was proven.

She said money was given to voters either directly by the respondent or indirectly through Wan Rosdy or (Orang Asli villager) Achom Luji, and that the money was given to voters to induce them to vote.

“Therefore, I find that the corrupt practice was committed in connection with the election with the knowledge of the respondent.”

Azizah declared that the election result of the contest for the parliamentary seat held on May 9 was void, and that she would certify this decision with the Election Commission.

“(I will) report that corrupt practices had been proven to have been committed with the knowledge and consent of respondents in the election, namely the giving of the money to the voter to induce the voter to vote.

“However, I will not report any person who has been proven at the trial to have been guilty of any corrupt practice because of the inconsistencies in the evidence of the petitioner’s own witness as to the identity of the person who had actually given the money.”

Azizah then awarded costs of RM15,000 to Manogaran.

To appeal

Sivarraajh appeared calm as Azizah delivered her judgment, which took nearly half-an-hour to read out. DAP supporters broke out in cheers towards the end when Azizah read out the word “void”.

Sivarrajh said he would appeal the decision at the Federal Court, which must be made within 14 days. He however, did not give a press conference.

The EC was not named as a respondent in the petition.

“I feel vindicated,” Manogaran said outside the courtroom. “I am particularly thankful to the Orang Asli community, who gave evidence. We took statements from 200 Orang Asli and, along the course of the trial, many came to give evidence and we are all thankful to them.

“I’m sure we will all face the by-election and ensure victory where it is just and due,” he added.

DAP stalwart Lim Kit Siang, who sat in the public gallery with Human Resources Minister and DAP lawmaker M. Kula Segaran, said: “This is a sign that we are moving to a new Malaysia, where unfair and unjust ways are being straightened out.”

“In the past, there would have been no hope for justice in courts.”

Counsel V. Manokaran acted for Manogaran while Mohd Hafarizam Harun for Sivarraajh.

During the trial, Sivarraajh denied giving money or bribing Orang Asli headmen to persuade them to vote for him in the election.

He said even if he did give money, it was upon the request of the headmen for the benefit of the Orang Asli and their villages.

In GE14, Sivarraajh won the Cameron Highlands parliamentary seat by garnering 10,307 votes, defeating four other candidates. – November 30, 2018.