Friday, March 13, 2009

Kurup, Yee keep seats

Despite today being Friday the 13th and earlier speculations being not in their favour, both Tan Sri Joseph Kurup (pic) and Datuk Dr Yee Moh Chai have a good reason to celebrate.

The Federal Court which sat in Kota Kinabalu decided that Kurup can keep his Pensiangan parliamentary seat in the Interior of Sabah bordering Indonesian Kalimantan while Yee can remain as the Sabah State Assemblyman for Api-Api which is part of the State Capital, Kota Kinabalu.

For the same reason too, Malaysia's ruling National Front (BN) coalition can also rejoice; for both Kurup and Yee are leaders of BN component parties. Kurup is Sabah People's United Party (PBRS) while Yee is deputy president of Sabah United Party (PBS).

Both Kurup and Yee are also lawyers, but Yee is one up. He is also a medical doctor.

Kurup, a Deputy Minister for Rural and Regional Development in the federal government of Malaysia, won the Pensiangan seat in the March 2008 general election. Although there was another candidate at the nomination centre, he won unopposed as his was the only nomination papers submitted to the Returning Officer before the 10am deadline.

This led to the other aspiring candidate, Danny Andipai of the opposition People's Justice Party (PKR) to lodge a petition with the Election Court in Kota Kinabalu. On Sept 17 last year, the Court ruled that Kurup's election was null and void.

Kurup, a first-term MP, filed an appeal to the Federal Court which delivered its ruling today; quashing Election Court judge David Wong's earlier decision. Although the Malaysian legal system has another tier - the Appeal Court - decisions of the Election Court can only be appealed straight to the Federal Court, the nation's supreme court.

"I am very happy and relieved. Now I can focus on doing my work as a deputy minister," said Kurup, a long-time Sabah State Assemblyman and former Deputy Chief Minister until he switched to federal politics.

In the case of Yee, he won the Api-Api state seat also in the March 8 election last year; albeit with a slim majority of only 174 votes. However, instead of the losing candidate, a petition was filed by a voter, Audrey Karen Barry, believed to be the proposer for Yee's opponent and fellow-lawyer Christina Liew also of PKR.

The Election Court ruled in Yee's favour. Audrey appealed and the Federal Court upheld the lower court's decision today. It is believed that Liew did not file the petition herself so she could act as counsel for Audrey.

Today's court decisions must have come as a relief and consolation,even sweet revenge to the BN as it was only yesterday that the Federal Court in Kuching, State Capital of neighbouring Sarawak upheld an Election Court decision that an opposition MP from the Democratic Action Party (DAP) remained the elected representative.

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