The High Court today dismissed an application to reject Parti Warisan Sabah president Datuk Seri Mohd Shafie Apdal’s nomination as a candidate for GE14.
Justice Azhahari Kamal Ramli made the decision on an ex-parte application filed on April 17 by Semporna Umno committee member Datuk Mohd Ainal Abdul Fattah, 68.
Mohd Ainal applied for a mandamus order on the Election Commission (EC) to reject Shafie’s candidacy for GE14 until RM7.5bil in Federal allocations alleged to have gone missing during his time as minister was returned.
Mohd Ainal had named the EC as the first respondent and Shafie as the second.
The judge heard arguments from the lawyers for both sides yesterday and set today to deliver his verdict.
Shafie’s lawyers Datuk Douglas Lin and Chung Jiun Dau told reporters that the court struck out the case and dismissed the application as Mohd Ainal had no standing and that there was no merit to the case.
Chung said the case was also struck out because it was frivolous and vexatious.
“They did not even produce an affidavit for this case,” he added.
The court ordered the applicant to pay a dismissal cost of RM10,000 to each respondent.
Shafie was not present for the hearing.
He is defending the parliamentary seat of Semporna and also contesting the state seat of Senallang in the general election, polling for which is tomorrow.
Mohd Ainal’s lawyer Marcel Jude said he will get an instruction from his client on whether to file an appeal.