Well, there has been much talk about filing Election Petitions if you are unhappy with the outcome of the General Elections 13 - but, more importantly, I believe that there must be action taken against all persons that committed election offences - and this is something that ordinary persons can do.
Make sure that you go and make a Police Report - give details in the police report. Even if you had caught some 'phantom voter' or a person who had committed an offence to the police or the authorities, go now and make a police report stating that you handed the said suspect to this or that police officer - make sure you name the officer or at least provide a detailed description of the police officer. Good also to state the names of the persons who were witnesses - this will assist the police in their investigations. In fact, good to get witnesses also to go make police reports. [Handing over a suspect to the police only is insufficient, communicating verbally to the police or the Election Commission officials is not enough.
One would expect the said police who received or 'arrested' the said suspect or received the said 'communication' or information to make a police report - but alas some times, they just do not make a police report - and a police report [referred to as a First Information Report is needed for the commencement of any investigation] - so do not delay, just go to the nearest Police Station and make the police report.
Despite several allegations on the social media of phantom voters in Kulaijaya and other parts of the country, police confirmed they have not received any report on the matter...“Do not think that we will not take action.“If there is indeed phantom voters, of course we will detain them,” he told reporters on Sunday. - Star Online, 5/5/2013, GE13: Deputy IGP – No reports of phantom voters
Do not depend on political parties or candidates or their agents - they sometimes are not really that interested in taking actions against these individual person/s who committed Election Offences tainting our right to free and fair elections.
The losing candidates and political parties usually are interested only in collecting sufficient evidence to challenge the results - i.e. to file an Election Petition to challenge the results. Past experience show that they may seem earnest collecting all the information and evidence - but finally, we discover that they did not file any police report against these persons who 'tainted' our elections or any Election Petition.
So, it is up to you and me - file Police Reports, make sure you get copies of the police reports as well. And after that, you can follow-up with the police to ensure that action is being taken....
I am appalled that the Attorney General's office and the Election Commission is just talking about Election Petitions - they should be inviting members of the public to make police reports NOW and assist the police and authorities with their investigations so that action can be taken against individual person/s who commited offences under the Election Offences Act.
You make a report and the police have to investigate and prosecute.
You file an Election Petition, then you have to 'investigate' and come to court and show the proof.
Better get the police and the Public Prosecutor to do their work.... so do not delay, go file a police report NOW... [In a subsequent post, I may talk a bit about Election Petitions.... not now..]
Parties disputing the result of 13th general election (GE13) can file a petition 21 days after the result is gazetted, according to the Attorney-General’s Chambers today - Malaysiakini, 8/5/2013, Election petitions can be filed 21 days after results gazettedCandidates or Malaysian citizens who are not happy with the 13th general election (GE13) results should not stage street demonstrations to show their protest because they can do so by filing their petitions at the High Court."The people have the right to challenge the general election results, but through legal channel. Do not go to the streets to demonstrate and tell the whole world that they reject the general election," said Election Commission (EC) deputy chairman Datuk Wan Ahmad Wan Omar. - MySin Chew. com, 7/5/2013,Do not take to the streets to protest election results: EC
Let us now look at some of these Offences - and then proceed to do the needful - file Police Reports so that the police and the public prosecutor will be forced to do their work, and start investigations ....Many people have evidence, in the form of photos, videos and also what they saw and heard.
Our primary concern is that all those who wrongfully tarnished our 'clean and fair elections' and our right as Malaysian voters be taken to task and justice be done. Our individual rights have been violated, and we who demand justice must act...and act NOW.
3 Offences by any person [Election Offences Act 1954{Revised 1969) Act 5]
(1) Any person who-
(a) knowingly makes any false statement on or in connection with any application to be placed on any register of electors;
(b) forges or fraudulently defaces or fraudulently destroys any nomination paper, or delivers to a returning officer any nomination paper knowing the same to be forged;
(c) forges or counterfeits or fraudulently defaces or fraudulently destroys any ballot paper or the official mark on any ballot paper;
(d) without due authority supplies any ballot paper to any person;
(e) sells or offers to sell any ballot paper to any person or purchases or offers to purchase any ballot paper from any person;
(f) not being a person entitled to be in possession of any ballot paper which has been marked with any authorized mark has any such ballot paper in his possession;
(g) puts into any ballot box anything other than the ballot paper which he is authorized by law to put in;
(h) without due authority takes out of the polling station any ballot paper or is found in possession of any ballot paper outside a polling station;
(i) without due authority destroys, takes, opens, or otherwise interferes with any ballot box, ballot paper or packet of ballot papers in use or intended to be used for the purposes of an election;
(j) without due authority prints any ballot paper or what purports to be or is capable of being used as a ballot paper at an election;
(k) for the purposes of an election, manufactures, constructs, imports, has in his possession, supplies or uses, or causes to be manufactured, constructed, imported, supplied or used, any appliance, device or mechanism by which a ballot paper may be extracted, affected or manipulated after having been deposited in a ballot box during the polling at any election;
(l) votes at any election when he is not entitled to vote thereat;(m) prints any advertisement, hand-bill, placard or poster which refers to an election and contains a reproduction of a ballot paper, or of what purports to be a ballot paper, to be used or likely to be used at such election;(n) obstructs or prevents a voter who is otherwise entitled to vote from voting at an election; or(o) votes in an election at more than one polling station in the same constituency or a different constituency;shall be liable, on conviction, to imprisonment for a term not exceeding two years or to a fine not exceeding five thousand ringgit or to both such imprisonment and fine and, subject to any provision to the contrary in any written law relating to any election, shall until the expiration of five years from such conviction be incapable of being registered or listed as an elector or of voting at any election or of being elected at any election, and if at that date he has been elected at any election, his seat shall be vacated from the date of such conviction:Provided that nothing in paragraph (m) shall be deemed to prohibit, during the campaign period, the printing in any such advertisement, hand-bill, placard or poster of the name or symbol of one candidate only, together with a reproduction of a cross or other mark indicating approval of any such name or symbol.(2) Any person who has been convicted of an offence under section 4 (1) of the Sedition Act 1948, [Act 15] which is an offence by reason of section 3 (1) (f) of that Act shall, until the expiration of five years from such conviction, be incapable of being elected at any election, and if at that date of such conviction he has been elected at any election, his seat shall be vacated from that date.
Now, it extends to those who were assist or enables a person to commit this offence, see section 6 of the Act.
6 Offences against this Part.(1) Every person who abets the commission of or attempts to commit an offence specified in this Part shall be liable, on conviction, to the punishment and disqualifications prescribed for that offence.
But, note that prosecution needs the approval of the Public Prosecutor - i.e. the sanction, as mention in section 6(4) - which means that after the police(or the authorities) has conducted their investigation, no prosecution of the offenders until the Public Prosecutor (i.e. the same person who is the Attorney General says OK - I give the sanction to prosecute}
6(4) A prosecution for an offence under this Part shall not be instituted without the sanction of the Public Prosecutor.
7 Personation.
Every person who at an election applies for a ballot paper in the name of some other person, whether that name be that of a person living or dead, or of a fictitious person or who, having voted once at any such election, applies at the same election for a ballot paper in his own name, shall be guilty of the offence of personation.
8 Treating.
Every person who, corruptly, by himself or by any other person, either before, during or after an election, directly or indirectly gives or provides or causes to be given or provided, or is accessory to the giving or providing, or pays or engages to pay wholly or in part, the expense of giving or providing any food, drink, refreshment or provision, or any money or ticket or other means or device to enable the procuring of any food, drink, refreshment or provision, to or for any person for the purpose of corruptly influencing that person or any other person to give or refrain from giving his vote at such election or on account of any such person or any other person having voted or refrained from voting or being about to vote or refrain from voting at such election, and every elector or voter who corruptly accepts or takes any such food, drink, or refreshment or provision or any such money or ticket or who adopts such other means or device to enable the procuring of such food, drink, refreshment or provision shall be guilty of the offence of treating.
9 Undue influence.
(1) Every person who, before, during or after an an election, directly or indirectly, by himself or by any other person on his behalf, makes use of or threatens to make use of any force, violence, or restraint, or inflicts or threatens to inflict, by himself or by any other person, any temporal or spiritual injury, damage, harm, or loss upon or against any person in order to induce or compel such person to vote or refrain from voting, or on account of such person having voted or refrained from voting, at any election, or who by abduction, duress, or any fraudulent device or contrivance impedes or prevents the free exercise of the franchise of any elector or voter, or thereby compels, induces, or prevails upon any elector or voter either to give or refrain from giving his vote at any election, or who directly or indirectly interferes or attempts to interfere with the free exercise by any person of any electoral right shall be guilty of the offence of undue influence.
(2) A person shall be deemed to interfere with the free exercise of the electoral right of a person within the meaning of this section who induces or attempts to induce such person to believe that he, or any person in whom he is interested, will become or will be rendered an object of divine displeasure or spiritual censure.
10 Bribery
The following persons shall be deemed guilty of the offence of bribery:
(a) every person who, before, during or after an election, who directly or indirectly, by himself or by any other person on his behalf, gives, lends, or agrees to give or lend, or offers, promises, or promises to procure or to endeavour to procure, any money or valuable consideration to or for any elector or voter, or to or for any person on behalf of any elector or voter or to or for any other person, in order to induce any elector or voter to vote or refrain from voting, or corruptly does any such act as aforesaid on account of such elector or voter having voted or refrained from voting at any election;
(b) every person who, before, during or after an election, directly or indirectly, by himself or by any other person on his behalf, gives or procures, or agrees to give or procure, or offers, promises, or promises to procure or to endeavour to procure, any office, place or employment to or for any elector or voter, or to or for any person on behalf of any elector or voter, or to or for any other person, in order to induce such elector or voter to vote or refrain from voting, or corruptly does any such act as aforesaid on account of any elector or voter having voted or refrained from voting at any election;
(c) every person who, before, during or after an election, directly or indirectly, by himself or by any other person on his behalf, makes any such gift, loan, offer, promise, procurement, or agreement as aforesaid to or for any person in order to induce such person to procure or endeavour to procure the election of any person, or the vote of any elector or voter at any election;
(d) every person who, either before, or during an election, upon or in consequence of any such gift, loan, offer, promise, procurement or agreement, procures or engages, promises or endeavours to procure, the election of any person, or the vote of any elector or voter at an election;
(e) every person who, either before, or during an election, advances or pays or causes to be paid any money to, or to the use of, any other person with the intent that such money or any part thereof shall be expended in bribery at any election or who knowingly pays or causes to be paid any money to any person in discharge or repayment of any money wholly or in part expended in bribery at any such election;
(f) every elector or voter who, before or during any election directly or indirectly, by himself or by any other person on his behalf, receives, agrees, or contracts for any money, gift, loan, or valuable consideration, office, place or employment, for himself or for any other person, for voting or agreeing to vote or for refraining or agreeing to refrain from voting at any such election;
(g) every person who, after any election, directly or indirectly, by himself or by any other person on his behalf, receives any money or valuable consideration on account of any person having voted or refrained from voting or having induced any other person to vote or to refrain from voting at any such election;
(h) every person who, after an election directly or indirectly, by himself or by any other person on his behalf, on account of and as payment for voting or for having voted or for agreeing or having agreed to vote for any candidate at an election, or on account of and as payment for his having assisted or agreed to assist any candidate at an election, applies to such candidate, or to his agent or agents, for the gift or loan of any money or valuable consideration, or for the promise of the gift or loan of any money or valuable consideration or for any office, place or employment or for the promise of any office, place or employment; and
(i) every person who, either before, or during an election, directly or indirectly, by himself or by any person on his behalf, in order to induce any other person to agree to be nominated as a candidate or to refrain from becoming a candidate or to withdraw if he has become a candidate, gives or procures any office, place or employment, or agrees to give or procure or offers or promises to procure or to endeavour to procure any office, place or employment, to or for such other person, or gives or lends, or agrees to give or lend, or offers, or promises to procure or to endeavour to procure any money or valuable consideration to or for any person or to or for such other person, or to or for any person on behalf of such other person.
11 Punishment and incapacities for corrupt practice
(1) Every person who-
(a) commits the offence of personation, or aids, abets, counsels or procures the commission of the offence of personation;shall be guilty of a corrupt practice, and shall, on conviction by a Sessions Court, be liable, in the case referred to in paragraphs (a) and (b), to imprisonment for a term not exceeding two years and to a fine of not less than one thousand ringgit and not more than five thousand ringgit, and, in any other case, to imprisonment for a term not exceeding one year and to a fine not exceeding two thousand ringgit. Offences under paragraphs (a) and (b) shall be seizable offences within the meaning of the Criminal Procedure Code.
(b) commits the offence of treating, undue influence or bribery;
(c) prints, publishes, distributes or posts up or causes to be printed, published, distributed or posted up any advertisement, handbill, placard or poster which refers to any election and which does not bear upon its face the names and addresses of its printer and publisher;
(d) makes or publishes, before or during any election, for the purpose of affecting the return of any candidate, any false statement of fact in relation to the personal character or conduct of such candidate;
(e) makes or publishes, before or during any election, for the purpose of promoting or procuring the election of any candidate, any false statement of the withdrawal of any other candidate at such election; or
(f) being a candidate or election agent knowingly makes the declaration as to election expenses required by section 23 falsely,
(2) Every person who is convicted of a corrupt practice shall, subject to any specific provision to the contrary in any written law relating to any election, by conviction become incapable of being registered or listed as an elector or of voting at any election or of being elected at any election, and if at that date he has been elected at any election, his seat shall be vacated from the date of such conviction:
Provided that such disability shall cease on the expiry of five years from such conviction.
(3) A prosecution for a corrupt practice except any corrupt practice as defined in subsection (1) (d) and (e) shall not be instituted without the sanction of the Public Prosecutor.
I reiterate that ' Our primary concern is that all those who wrongfully tarnished our 'clean and fair elections' and our right as Malaysian voters be taken to task and justice be done.' - It should not matter whether the wrong was done by BN or Opposition supporters.
In fact, BERSIH and others who were monitoring the elections should also do the same.
Go make the police report - assist police in their investigations and if the police and prosecutors do not do anything, then we will take them to task.
Do it now, when what you saw and heard is still fresh in your mind... do not wait. Even if the losing candidate or party tells you to wait, do not wait - just file police reports now. Let the police start their investigations now - after all, if true there were 'phantom voters' brought in - better for the police to start looking for them now - so that they cannot escape Malaysia. In these cases, photos will help.
It is our right as Malaysians. Let us exercise them now...
After lodging your police report, it may be good to also lodge a complaint with SUHAKAM (Malaysian Human Rights Commission) - this can also be done online, and you can also send your photos/videos to them through email attachments.
Posts
No comments:
Post a Comment