MY STRUGGLE CONTINUES
Since 1985, I have devoted my life to politics and regard serving the people and the country as my mission and vocation. I have been fortunate to have the support of people from throughout Malaysia in my political struggle. I am especially blessed in the Likas constituency where the voters have returned me election after election. Since 1999, I have also been getting the support of voters in the Gaya Parliamentary constituency.
I am sincerely grateful to all the people (friends and rivals alike) who have made my last 17 years as wakil rakyat a challenging and enlightening one. I would have liked to continue with my work. But, in football parlance, I have been red-carded for an alleged 'election offence'. The media has relentlessly reported my case and described me as being found guilty of corrupt practice. These words have been misconstrued, or created the impression that I was guilty of corruption e.g., bribing of voters, or me being bribed, or other offences involving an element of dishonesty.
The fact is, the alleged offence merely concerns a plywood billboard which did not bear the name and address of the publisher. The election court trial did not have evidence that I was personally involved. With no name or person identified in the trial, how the judge concluded that I was responsible was beyond comprehension. And to punish me with a disqualification is grossly unfair and manifestly unjust.
But my struggle continues. I may be out for a few matches, but I am not out of the sport. Unusual circumstances may have caused me to have to shed my role as an elected representative. The positions may be no more, but the work goes on. With the team of colleagues in SAPP serving the people through the years, I can say that little, if any, has changed or will change.
Some of my political opponents tried to trivialize the support the people have for me by alleging that phantom voters, bribery and corrupt practices won me the elections. They went to court. We had a by-election in Likas and you made me win, again. I was disqualified as an MP and State Assemblyman because of an election offence. There was no right of appeal in the courts, I thought I have a citizen's right to petition for a Pardon. But some dark forces made that impossible.
My sense of a miscarriage of justice in this whole case is because there are abundant disturbing facts in the election petition trial to show that the judgment was flawed. Here are a few samples:
n The Judge was clearly confused when he spoke of witnesses being kidnapped, bribed and murdered. The alleged offences were mentioned in court in another election trial involving the Kudat constituency. None of these incidents were mentioned in the Likas election petition trial.
n The Judge was apparently biased when he took into consideration an undisclosed phone call 'instructing' him to handle the case in a particular way.
n The Judge was clearly prejudiced when he took into consideration his personal grievances towards the government for not entertaining his son's application for work pass and daughter's scholarship application.
The Pardon
Because I felt a miscarriage of justice has nullified the democratic will of the people in Likas and Gaya, and because the Constitution grants all citizens the right of petition for a pardon, I sought a pardon. The Chief Minister, a member of the State Pardons Board, declared even before the Board met that my case was not applicable; in fact even before I decided to petition for a pardon.
The Federal Court ruled on Sept. 3, 2002. In strange haste, the Sabah State Assembly Speaker declared me disqualified on Sept. 11. On Sept. 13, the Election Commission announced, in advance, that I would be disqualified on Sept. 18. The EC went ahead to declare the Gaya seat vacant knowing my petition for Pardon was still pending and even though the Speaker of Parliament has said there was no vacancy.
I am disappointed but I have not lost hope. I have been shaken but I have not wavered. Instead, I found strength in these tribulations because I know we are together in spirit and in truth.
I thank you for all the support, encouragement and friendship all these years.