The Election Commission will not act on DAPs complaints against Barisan Nasional for allegedly breaching election regulations as there is no legal requirement binding the commission to investigate the matter.

The Election Commissions function is only to manage the elections. There is no law which requires the commission to send its officials to investigate (the allegations), EC secretary Wan Ahmad Wan Omar told malaysiakini today when commenting on the protest memorandum submitted by DAP yesterday.

Among others, the DAP memorandum questioned whether the ruling BN party has breached election regulations as the latter allegedly planned and organised various dinners functions in the run-up to the Ketari by-election.

DAP secretary-general Kerk Kim Hock claimed that one dinner could accommodate between 600 and 1,000 people.

Under the Election Offences Act 1954, the expenditure of a candidate or agent in a state election is limited to RM30,000.

Although EC officials will not go to Ketari, Wan Ahmad conceded that the commission will examine the statements of expenditure which will be submitted by the candidates after the poll to determine if candidates have exceeded the limit.

Free to publish news

On the claim that certain members of the press were advised by the Information Ministry to downplay certain issues during the by-election, the commission secretary again said the EC cannot intervene in the matter because it is not in its jurisdiction.

However, Wan Ahmad claimed the Malaysian press is free to publish news according to its judgment and policy although the EC had advised the press to be fair to all parties in its reporting.

Whether the press will follow the advice or not is entirely up to them, he said.

The EC has also decided not to take up DAPs claim that Gerakan vice-president Dr Kang Chin Seng had allegedly smeared the opposition as a whole by linking PAS with the Malaysian Mujahidin Group (KMM).

EC cannot interfere because this is a problem between the two campaigning parties, Wan Ahmad explained.

He said that political parties will resort to all kinds of tactics in their campaign and the matter is confined to DAP and Gerakan.

The commission secretary added that the aggrieved party can make a police report on the matter if there is substantial proof.

When contacted, Kang refused to comment on DAPs protest against the statement he made.

I will explain to the EC if I am required to do so, the Gerakan leader said.

The by-election contest will pit lawyer Yum Ah Ha, 51, from Gerakan against quality controller Choong Siew Onn, 34.

The seat fell vacant following the death of Loke Koon Kam of Gerakan. In the 1999 general elections, Loke defeated Choong with a slim 231-vote majority, garnering 5,874 votes.