KUALA LUMPUR: The High Court has dismissed a lawsuit by a Port Dickson voter against PKR president Datuk Seri Anwar Ibrahim that challenged his eligibility to stand in the by-election last month.
Anwar’s Lawyer J Leela told reporters outside the courtroom that the suit by Noraziah Mohd Shariff was dismissed with no order to costs after meeting in the chambers of High Court judge Datuk Azizah Nawawi.
It was later learnt that the judge had dismissed the suit as Noraziah was not present in court and there were no lawyers representing her.
Her previous lawyers from legal firm Raja Riza Associates had discharged themselves from representing her and the judge had ordered Noraziah to get another lawyer for the suit.
Noraziah filed the suit on Sept 28, alleging the pardon granted to Anwar was null and void as the board was not formed in accordance with Article 42 (5) of the constitution.
Noraziah said Article 48(1)(e) provides for the disqualification for membership of Parliament if the person has been convicted of an offence and sentenced to imprisonment for a term of not less than one year, or to a fine of not less than RM2,000 and has not received a free pardon.
Anwar was sentenced to five years’ jail in 2015 over a charge of sodomising his aide, Mohd Saiful Bukhari Azlan.
Noraziah, in her affidavit in support of the action, said she was advised by her lawyer that Anwar was not eligible to contest due to the conviction.
She said although Anwar received a pardon, it did not remove his disqualification to contest in the by-election.
Noraziah said Article 48 (3) only allowed a convicted person to contest again five years after being freed from prison and as such Anwar was disqualified.
She said the board was not fully constituted as the then attorney-general Mohamed Apandi Ali and Federal Territories minister were not present.
Anwar won the by-election with a 23,560-majority in a seven-way fight, beating PAS’ Mohd Nazari Mokhtar, former Negri Sembilan Mentri Besar Isa Samad, Stevie Chan, Lau Seck Yan, Kan Chee Yuen and Anwar’s former aide Mohd Saiful Bukhari Azlan, who contested as independents.
He was sworn in as Port Dickson MP two days later.
