Friday 29 Mar 2024
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PUTRAJAYA (Dec 30): Former foreign minister Datuk Seri Anifah Aman failed to obtain a stay of the Federal Court decision ordering a by-election in Kimanis.

However, the apex court fixed Friday (Jan 3) to hear the former minister's review of the Federal Court's decision earlier this month.

The unanimous decision today was made by a five-member bench led by Federal Court judge Datuk Mohd Zawawi Mohd Salleh.

"The grant of a stay is a matter of discretion by the court and it must be exercised judiciously. We have considered the submissions and there are no special circumstances for this court in granting of stay.

"The hearing of Jan 3 has been fixed and parties are to file submission before that," he said.

Sitting with Justice Zawawi were Federal Court judges Datuk Vernon Ong, Datuk Abdul Rahman Sebli, Puan Sri Zaleha Yusof, and Datuk Zabariah Yusof.

Anifah had won the Kimanis seat by a slim majority of 156 votes in the 14th general election.

The Election Commission (EC) had already set Jan 18 for the Kimanis by-election, and fixed this Saturday (Jan 4) as nomination day.

On Dec 2, the Federal Court's five-member bench led by Chief Justice Tan Sri Tengku Maimun Tuan Mat upheld the EC's ruling to nullify Anifah's victory in the Kimanis parliamentary seat due to irregularities.

The other four judges were Court of Appeal president Datuk Rohana Yusof, Chief Judge of Malaya Tan Sri Azahar Mohamed, Chief Judge of Sabah and Sarawak Datuk Seri David Wong Dak Wah and Federal Court judge Datuk P Nalini.

Justice Zawawi, following today's decision, asked Anifah's counsel Tengku Fuad Tengku Ahmad to quickly submit their submission for the review, as there is a need to find judges to hear the review.

"Now the judges are on court vacation and it is not easy to find one who can hear the case (following the decision made by the earlier panel)," he added.

Anifah was also ordered to pay costs of RM30,000 each to the EC, Warisan candidate Abdul Karim Bujang and the returning officer, following today's decision.

Besides Tengku Fuad, lawyers Peter Lee Kong Chung and Wilson Chang appeared for Anifah, while Frederick Chang and Syaiful Suffiyan Sidin appeared for Karim, and Abdul Fikry Jaafar Jaafar Abdullah and Faizal Sarbi represent the EC.

Tengku Fuad, when met by reporters, thanked the apex court for fixing Jan 3, as the hearing date of the review application, just a day before nomination day.

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