The Federal Court reaffirmed Tuesday the election of DAP’s Chong Chieng Jen as Bandar Kuching Member of Parliament after it dismissed with costs an appeal by a voter against an earlier Election Court ruling.
Election Court Judge Clement Skinner last September threw out voter Kho Whai Phiaw’s petition to nullify Chong’s election.
He ruled that Kho had failed to prove beyond reasonable doubt that Chong had engaged in corrupt practice and bribery in the run-up to the March 8 polls last year.
Chong secured 22,091 votes to defeat Barisan Nasional’s Alan Sim of Sarawak United Peoples’ Party (SUPP) by 9,952 votes in a straight fight.
Kho had alleged in his petition that Chong had unduly influenced and bribed voters to procure his victory through an article posted on his blog, various election pamphlets and the DAP election manifesto promising a “Malaysia bonus” of RM6,000 to those with a household income of RM6,000 or less per year.
He also discounted the evidence of one of the petitioner’s witnesses who had admitted that he came to court to lie and to make money.
The witness had been called to give evidence relating to the charge of bribery through the promise of the “Malaysia bonus.”
He said that in any case the promise of the bonus did not constitute bribery but was a declaration of one of DAP’s election pledges.
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