KOTA KINABALU: The High Court today dismissed the application by Datuk Seri Mohd Shafie Apdal to strike out an Originating Summons by Tan Sri Musa Aman challenging the legality of the former’s appointment as Chief Minister.
Another preliminary objection filed by Shafie to strike out the Originating Summons submitted by Tamparuli Assemblyman, Datuk Jahid Jahim was also dismissed by the same High Court.
In her judgment, Kuching-based High Court Judge, Datuk Yew Jen Kie via teleconference stated that:
“Upon perusal of the affidavits and submission of the parties. I am satisfied that the Plaintiff has raised Question of law which requires full consideration, which render the Originating Summons unsuitable to be struck out summarily. As such I dismissed the striking out application with cost in the cause.”
Towards this end, Yew ordered the Plaintiffs to file submission on Sept 14 while the Defendant to submit theirs on Sept 28, to which the Plaintiffs may file the reply by Oct 5 before fixing Oct 26 as the date for the verdict.
Present during the teleconference session at a special room in the Kota Kinabalu Court Complex at about 2.30 pm today were Datuk Douglas Lind who represented Shafie and Tengku Fuad Tengku Ahmad as well as S. Vanugopal representing Musa.
Also present were State Attorney-General, Hajah Zaleha Rose Haji Pandin and counsel Dygku Fazidah Hatun Pg Bagul acting for the Head of State Tun Juhar Mahiruddin.
It was reported that on June 6 Musa filed the Originating Summons seeking declaration he is the lawful Chief Minister of Sabah and named Juhar and Shafie as the first and second defendants, respectively.
Subsequently, Shafie who is president of Parti Warisan Sabah countered with a preliminary objection seeking to strike out Musa’s Originating Summons on June 28.
In his application, Shafie said Musa’s action against him should be dismissed on grounds that it allegedly disclosed no reasonable cause of action, scandalous, frivolous, and vexatious and that it was an abuse of process of the Court.
Meanwhile, Jahid in his Originating Summons that would also be decided by the High Court on Oct 26 had named Shafie, Speaker of State Legislative Assembly, Datuk Seri Syed Abas Syed Ali and Sabah State Assembly secretary Datuk Bernard Dalinting, as the first, second and third defendant, respectively.
Jahid was also seen at the court accompanied by Parti Bersatu Sabah (PBS) Secretary General Datuk Johnny Mositun.-SabahNewsToday