As reported in
FZ.com by Himanshu Bhatt
DAP's Air Itam assemblyman Wong Hon Wai, accompanied by Sim (R)
holds a vernacular newspaper report on RM4 million allegedly spent for
election pay-outs, outside the Penang MACC office.
DAP's Air Itam assemblyman Wong Hon Wai, with Bayan Baru MP from PKR
Sim Tze Tzin (R), displays a voucher that was given to a voter before
GE13 to claim an election pay-out for the Sungai Pinang state
constituency (N30). The seat was eventually won by DAP.
GEORGE TOWN (May 13): The Penang government has found reason,
supported by legal provisions, to set up a commission of enquiry on
incidences of election pay-outs and related malpractices being made in
the state.
Chief Minister Lim Guan Eng said based on the advice of
constitutional lawyer Tommy Thomas, the state wants to have a commission
so as to have findings and actions with statutory force.
The commission, he said, would work in parallel with any
investigations by the Malaysian Anti-Corruption Commission (MACC) and
the police and if appropriate action is taken by the authorities, there
would be no need to continue operating the commission, Lim said.
"We actually do not have much faith in the MACC and Election
Commission (EC)," he said. "Let the commission be formed and let them
come up with the findings. I don’t want to make any pre-emptive
comments."
The Penang state executive council (exco) under Pakatan Rakyat will
deliberate over the idea at its first meeting for the new term tomorrow.
Lim said the meeting will also hear the input of newly minted exco
member and lawyer by profession Jagdeep Singh Deo and Andrew Yong who is
special legal officer of the Chief Minister.
Jagdeep, until his appointment to the exco last week after
successfully defending his Datuk Keramat state seat, ran the legal firm
of his father – DAP chairman and Bukit Gelugor MP Karpal Singh.
In a statement, Thomas explained that Section 2 of the Commissions of
Enquiry Act 1950 gives power to both the federal and state governments
to appoint such commissions.
Section 2(3) reads:
"The state authority of any state other than Sabah or Sarawak may
issue a commission appointing one or more Commissioners and authorising
them to enquire into –
(d) any other matter in which an enquiry would, in the opinion of
the state authority, be for the state's public welfare and which does
not directly concern the public welfare of any state.
"The expression ‘public welfare’ found in Section 2(3)(d) is also
found in
Section 2(1)(d) relating to the Agong’s power to appoint at the
federal level," Thomas noted.
He stressed if the Penang government was satisfied that "the public
welfare of Penang has been engaged by reason of the dishonest manner in
which the election campaign had been carried out," it is empowered,
under the section, to appoint a commission of enquiry.
Thomas explained that the chief minister would have to seek the Yang
diPertua Negri’s approval for the establishment of the commission and
the latter will make its appointment.
He said the appointment cannot be challenged in court because it is
“non-justiciable” and also because no party has the ‘locus standi’ to
institute legal proceedings in court, Thomas added.
He cited Section 3(1) of the Act which provides the state the
authority to specify the terms of reference and practical directions of
how the commission can carry out its duties, while Section 3(2) provides
for the appointment of a number of Commissioners.
The idea was mooted after Pakatan Rakyat representatives reported of alleged pay-outs in numerous occasions, around the state.
Before the 13th general election, DAP's Wong Hon Wai received a
tip-off of such
incidence at a coffee shop in Reservoir Gardens in
Penang.
Wong, who was candidate for the Air Itam state seat, called the
police and rushed to the site but claimed that the activities stopped
upon his arrival.
"The queue was still there, and after an hour the organisers asked
the people to go off," Wong said, then lodging a police report and
another with the MACC the next morning.
A few days ago, he and Pakatan Rakyat component members were shocked
to hear of widespread pay-outs being allegedly made for voters in
constituencies where Pakatan had lost to Barisan Nasional (BN).
Wong visited the MACC again today, this time with several PKR
candidates who wanted to furnish evidences of similar cases in their own
areas.
Wong learnt that his report was still "under observation." "No
action was taken, no witnesses called... I am expecting them to make
arrests!" Wong said.
"It is not an isolated case. It is a widespread vote-buying scheme
to manipulate the outcome of the general elections," he alleged.
"If MACC does not take any action, in five years this kind of thing will happen again, and on a bigger scale," Wong lamented.
Ten PKR hopefuls who lost in Penang – many by thin margins – also
began the process of reporting alleged incidents of pay-outs in their
respective constituencies to the MACC.
Their spokesman, Bayan Baru MP Sim Tze Tzin, said the public vouchers
were given out during the 1Malaysia free 'charity dinner' and at other
places during the campaigning period.
Sim said PKR members had all gathered evidences and want the police
and MACC to investigate whether the events where the vouchers were given
out were related to pay-outs.
Sim cited the Balik Pulau parliamentary constituency where PKR and
PAS lost in three state seats. He said money was being dispensed at
three locations.
"The pay-out amount was between RM120 and RM200 to each person," he
said, adding that voters in constituencies where Pakatan Rakyat parties
won were turned away.
Sim said he lodged a report at the Sungai Nibong police station on
May 10. He cited Section 10A of the Election Offences Act 1954 where
bribery related to voting is spelled out as an offence “before, during
or after an election.”
He claimed that at one site they saw "hundreds of people" queuing up
in front of an entrance that had a cardboard displaying the official
EC-designated numbers of the constituencies the BN had won.
"Some people said to us that if you produce your IC (identity card)
photocopy and you are a voter you can take the money. They (those
handing out the money) had the voters’ list where they marked that you
had taken the money," he said.
Acting on a tip-off, Sim and PKR members did a spot-check at a
location in the Pulau Betong state constituency, but the persons who
were giving out the money left when they arrived.
"If this (pay-out) is legal, why are you running away?" Sim said,
suspecting a continuous effort as many areas on the mainland had yet to
receive their payments.
二零一三年五月二十一日 晚上七时五十八分
