Yong To Withdraw Application For Stay Of Execution
(6 July 2001)

KOTA KINABALU, July 5 (Bernama) -- Former Likas State Assemblyman Datuk Yong Teck Lee will withdraw his application for stay of execution in the Court of Appeal with regard to the Election Court's ruling that he had breached the Election Offences Act.

Leading counsel Datuk Dr Cyrus Das, who was admitted to appear in the High Court here to represent the former Chief Minister, said there was no urgency to proceed with the appeal scheduled to be heard tomorrow in Kuala Lumpur.

"We'll apply for the withdrawal with the liberty to file a fresh one since the High Court had granted the stay of execution on the judgment of the Election Court," he said when met at the High Court on Thursday.

Yesterday, Sandakan-based Judge Datuk Richard Malanjum, who presided over the hearing in chambers, granted the stay of execution after overruling submissions from both petitioner's and respondent's counsel.

Das is assisted by five local counsel - Alex Decena, John Sikayun, P.K Lim and Lawrence Chong.

The ruling, in effect, cleared the hurdle for Yong to re-contest in the coming Likas by-election at least for now, pending the disposal of his appeal to quash the judgment of the election court with regard to the petition filed by former Parti Bersekutu President Datuk Harris Salleh.

On June 8, the Election Judge Datuk Muhammad Kamil Awang held that Yong had committed corrupt practice under Section 11 (c) and (d) and Section 32 of the Election Offences Act.

Muhammad Kamil then ruled that the result of the 1999 state election for the Likas constituency was null and void, paving the way for a by-election.

The Election Commission has fixed July 12 for nomination and in the event of a contest, polling will be on July 21.
The ruling prompted Yong to apply for leave for judicial review against the judgment of the Election Court but it was rejected by the High Court on June 30.

Yong then filed his appeal with the Court of Appeal. Yong also filed a notice of appeal to the Court of Appeal against the judgment in the same election petition as well as application for a stay of execution of the judgment of the said petition.

Section 36 of the Election Offences Act states that the decision of the Election judge shall be final and not appealable.

Meanwhile, High Court Judge Richard Malanjum today postponed to Sept 7 the hearing of Yong's application for a court order that he is eligible to contest in the coming Likas by-election following a request by both plaintiff's and respondent's counsel.

Yong also applied to set aside the judgment by the election court with regard to Harris's petition.

"We apply for the postponement because there is no urgency to proceed with it," Cryus Das said.

At the hearing today, Harris was represented by counsel Rizuan Borhan.

Datuk Yong Teck Lee
Member of Parliament for P150 Gaya / State Assemblyman for N13 Likas






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