KUALA LUMPUR, April 1 — Pakatan Harapan candidate in Rantau state by-election Dr S. Streram is considering whether or not to appeal against the Court of Appeal’s decision in striking out his misfeasance in public office lawsuit against a former returning officer and the Election Commission (EC).

Dr Streram, 63, an anaesthetist, filed the RM7.6-million lawsuit against Amino Agos and the EC over alleged misfeasance during the nomination process which led to him being barred from contesting the Rantau state seat in the 14th general election (GE14) on May 9 last year.

His lawyer, Sathia Stella Sidhu, told reporters that they had until this April 20 to decide whether or not to appeal to the Federal Court against the Court of Appeal’s decision.

She told this to reporters after case management in the chambers of High Court judge Datuk Mohd Sofian Abd Razak today to inform him on the case development.

Advertisement

The Court of Appeal today struck out the suit last March 20.

A three-member panel of judges comprising Datuk Ahmadi Asnawi, Datuk Abdul Karim Abdul Jalil and Datuk Suraya Othman struck out the lawsuit brought by Dr S. Streram by allowing the appeal by then returning officer Amino Agos Suyub for the Rembau parliamentary constituency and the EC to set aside a High Court dismissal of their striking-out application.

Misfeasance in public office is an action against the holder of a public office, alleging in essence that the office-holder has misused or abused his or her power.

Advertisement

Justice Ahmadi, who led the panel, said the court was of the view that Dr Streram did not pass the threshold of proving that Amino Agos was a public officer. He ordered Dr Streram to pay costs of RM10,000.

Amino Agos and the EC lost their bid in the High Court in September last year to strike out the lawsuit, prompting them to file an appeal to the Court of Appeal.

In the statement of claim, Dr Streram said he paid his nomination deposit of RM5,000 and campaign material deposit of RM3,000 on April 25.

He claimed that at no time did the EC inform him that name tags or entry passes are needed for the candidate and his representatives to enter the nomination hall on April 28.

Dr Streram said the defendants had denied him the right to contest the Rantau seat in GE14.

Datuk Seri Mohamad Hassan, the then Negri Sembilan mentri besar, retained the seat unopposed for Barisan Nasional. — Bernama