PUTRAJAYA (Bernama): a returning officer in front of Rembau's parliamentary seat received the suspension of his execution of his prison sentence of three months for contempt of the judge by hearing a witness in an election request.
Five-man bench of the federal court under the leadership of Chief Justice Tan Sri Richard Malanjum granted Amino Agos Suyub the stay of the execution pending the removal of his appeal to his conviction.
The supreme judge of the judiciary then sends the case back to the Court of Appeal before that court to hear the appeal of Amino Agos after it has decided that the court of appeal has the power to hear his condemnation of his contempt, though the case was raised by a right to vote.
Malanjum said that Judge Azimah Omar had the right to vote as Supreme Court judge who exercised contempt for her powers under Article 126 of the Federal Constitution.
He said that Amino Agos would be denied the two-fold appeal if his case was not heard by the Court of Appeal.
Attorney Mohamed Haniff Khatri Abdulla who appeared before the petitioner Dr S. Streram informed the court that he had no objection to the suspension of enforcement, provided that Amino Agos had exhausted his right of appeal.
The other judges who chaired the bench presidency were the president of the Court of Appeal Tan Sri Ahmad Maarop, chief judge of Malaya Tan Sri Zaharah Ibrahim and chief judge of Sabah and Sarawak Datuk David Wong Dak Wah and judge of the federal dish Tan Sri Ramly Ali .
Lawyers G. Rajasingam representing the Election Committee (EC) and Amino Agos and Datuk Wira Mohd Hafarizam Harun acting for the state monument Datuk Seri Mohamad Hasan of Rantau were of the opinion that the Court of Appeal could hear the appeal, although the case arose by a election court.
Mohd Hafarizam said that the contempt was not a matter of the election request and that the Court of Appeal therefore has jurisdiction to hear the appeal.
Mohamed Haniff Khatri, however, said that the contempt issue arose from the election application and according to the statutes, election petitions appeals would go directly to the Federal Court.
On Monday (October 15) the court of appeal forbade the hearing on the suspension of execution and Rajasingam requested the Federal Court to decide whether it was (the court of appeal) competent to deal with the case as in the case of the Electoral Law.
In the meantime, Rajasingam has also informed the Court of Appeal today about the apex court's verdict and the court of Appeal has withdrawn his application for postponement of execution for Rajasingam since the stay was granted by the Federal Court.
Last Wednesday, Azimah Amino Agos found himself guilty of coaching a witness in an election application filed by Dr. Streram, a Pakistani Harapan candidate, and him (Amino Agos) had been sentenced to three months' imprisonment.
Dr Streram had submitted an election request to cancel the EC's decision to undo Umno's Mohamad Hasan as the winner of the Rantau seat, one of the four state seats under Rembau.
Mohamad won the seat unhindered after Amino Agos refused to admit Dr. Streram to the nomination center because he did not have a valid pass issued by the EC.
Amino Agos then filed an appeal against the judgment of the Electoral College and also for a suspension of the execution of his judgment pending the completion of his appeal.
In his defense Amino Agos denied that he had the intention to coach the witness, Daing Muhamad Rahimi, the assistant-returning official for the constituency on the day of recommendation during the 14th general election, about how to make his statement before the judge. He claimed that the WhatsApp message had been sent to the witness as a way to vent his feelings.
Outside the court, Rajasingam told reporters that the appeal would go to a case management on another day that had yet to be determined by the court. – Bernama