Ex-CJ: High polls petition costs justified
Published: Sep 1, 2013 5:49 PM | Updated: Sep 2, 2013 1:11 PM
Former chief justice Zaki Azmi has defended the high costs imposed by election courts hearing election petitions, claiming that it helps to stop abuses.
Former chief justice Zaki Azmi has defended the high costs imposed by election courts hearing election petitions, claiming that it helps to stop abuses.
In an interview with Bernama, Zaki said that the high cost would deter petitioners who are not serious.
"I think until today, or even just before I retired, costs granted by the courts are very, very lenient. Lawyers appearing before the courts get paid fees, sometimes in hundreds of thousands of ringgit.
"If the costs awarded were low, people would abuse and file election petitions or any case for that matter, without good grounds. You abuse the right to file cases," he said.
On Aug 1, judge Judge Mariana Yahya had ordered Ahmad Zamani Yusof, who petitioned on behalf of PAS, to pay a record RM150,000 - split three ways between Tengku Putera Tengku Awang who won the seat for BN, the Election Commission and the returning officer.
PAS had previously complained that the same judge had ordered a BN petitioner to do the same for much less.
For Zaki, the costs awarded were "not unfair".
"Only then, will they seriously think about filing election petitions or appealing against election results", he said.
On the dismissal of election petitions on technical grounds, he said election rules were very strict and parties must ensure that the rules were strictly complied with or else, the opponent would look for any slip-up and seek a preliminary objection to have the petitions struck out.
"When I was acting as counsel in election petitions before, I would not hesitate to attack on technicalities in the opponent's petitions," he said.
In an interview with Bernama, Zaki said that the high cost would deter petitioners who are not serious.
"I think until today, or even just before I retired, costs granted by the courts are very, very lenient. Lawyers appearing before the courts get paid fees, sometimes in hundreds of thousands of ringgit.
"If the costs awarded were low, people would abuse and file election petitions or any case for that matter, without good grounds. You abuse the right to file cases," he said.
On Aug 1, judge Judge Mariana Yahya had ordered Ahmad Zamani Yusof, who petitioned on behalf of PAS, to pay a record RM150,000 - split three ways between Tengku Putera Tengku Awang who won the seat for BN, the Election Commission and the returning officer.
PAS had previously complained that the same judge had ordered a BN petitioner to do the same for much less.
For Zaki, the costs awarded were "not unfair".
"Only then, will they seriously think about filing election petitions or appealing against election results", he said.
On the dismissal of election petitions on technical grounds, he said election rules were very strict and parties must ensure that the rules were strictly complied with or else, the opponent would look for any slip-up and seek a preliminary objection to have the petitions struck out.
"When I was acting as counsel in election petitions before, I would not hesitate to attack on technicalities in the opponent's petitions," he said.
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