Witness: I abstained from voting for ‘bonus’
By Churchill Edward

Self-declared BN supporter testifies against Chong

KUCHING: A self-declared supporter of the Barisan Nasional (BN) told the Election Court here yesterday that he abstained from voting in the last parliamentary polls because of the lure of the ‘Malaysia bonus of RM6,000 for those having a household income of RM6,000 per annum’.

SECOND WITNESS: Jukai going to the courtroom.

Merdrict Jukai Empaka from Tabuan Ulu along Foochow Road No.1 here said the bonus was stated in the Democratic Action Party (DAP) manifesto which he alleged was given to him on March 4, 2008.

Appearing before Judge Datuk Clement Allan Skinner, Jukai - the second witness in the election petition against Bandar Kuching MP Chong Chieng Jen - testified that supporters of the DAP gave him a copy of the manifesto at a coffee shop in Tabuan Jaya.

He brought the manifesto home, read it repeatedly and was attracted by the promise of the bonus of RM6,000, Jukai said when examined by the petitioner’s leading counsel Datuk Muhammad Shafee Md Abdullah.

The petitioner is Kho Whai Phiaw, a 64-year-old voter.

Jukai, 56, said even his wife abstained from voting in the last election due to the same reason as his.

He told the court that on polling day he and his wife were given a bottle of mineral water each by DAP supporters at the polling station at SK Tabuan Ulu.

He said the supporters then brought them to the ‘electoral clerk’ who then checked their names against the electoral roll.

He said the supporters asked them to vote for the DAP candidate, Chong, in return for money but they decided not to vote.

A week after the election, he said he went to look for Chong - who had won the election in Bandar Kuching - at the DAP office in Chong Lin Park to demand for the bonus.

Upon reaching the office, Jukai said he was told by a ‘lady clerk’ that Chong was not available, adding that after that visit he never returned there.

When cross-examined by Chong’s counsel Wong Ho Leng, Jukai said he was jobless and was living on the earning of his wife - which is about RM300 per month - and a RM15 commission for each work done for friends.

Wong asked: “You wanted to get RM6,000 for not voting, am I right?”

Jukai: “Yes.”

Jukai said he became a witness because Sarawak United People’s Party (SUPP) Youth vice chairman Sih Hua Tong had asked him to.

It was also Sih who introduced him to Shafee and another lawyer Frankie Tieh Kah Siang, he said.

But he regretted coming to court yesterday because of “these people” and that Wong’s line of questioning had caused his blood to boil and temper flare, he said.

Jukai, however, said he did not mean to threaten anyone and when inside the court he said: “… bullet cannot enter me (as) I am Iban”.

The witness kept silent several times when Wong asked him (Jukai) some pertinent questions, including whether he agreed to the suggestion that he was a liar.

But on some occasions he said: “If you (Wong) said I am a liar, I am a liar, lah.”

To another question by Wong, Jukai insisted that he came to court voluntarily but after the proceeding he would be telling Sih what had happened in the court.

Wong asked: “Are you telling me the truth? You have no money, you want money and yet you volunteered to come?”

Jukai: “That fellow (Sih) asked me to come together with this lawyer Datuk Shafee.”

He then handed to court Sih’s business card.

Wong asked: “When he asked you to come, did you ask him whether you would be paid or not?”

Jukai replied: “No such thing. He asked me to follow these people, introduced me to this lawyer.”

Wong: “I put it to you that you came to this court for one purpose only and that purpose is to earn some money.”

Jukai only kept silent and the court recorded that as “witness does not answer”.

Wong: “I put it to you that you came to court to lie.”

Jukai: “That was because of these people. Actually I don’t know… This is my first time.”

Wong: “Tell us who ‘these people’ are who had asked you to come to court?”

Jukai: “Sih Hua Tong. He introduced me to Datuk Shafee and Mr Frankie. If not because of that, you can never see my face appearing in court. I already am 56 years old.”

The witness also requested for a short stand-down twice to ease himself.

On another matter, Judge Skinner said he could not tolerate any interference with witnesses.

He was referring to an allegation by Shafee that Chong’s witness, Yong Kim Mui, harassed one of the petitioner’s witnesses namely Subramaniam, outside the courtroom yesterday.

Yong was alleged to have threatened Subramaniam by saying that if he (Subramaniam) was to lie in court, God will punish him; “they” will check his ballot paper and; that he may be facing 10 years’ imprisonment for perjury.

Shafee said such threat on his potential witness was clearly a contempt of court and he therefore urged Wong to take the matter seriously.

Wong then told the court that he undertook to talk to Yong so that he would not be talking to the petitioner’s witnesses anymore or go near them “should the complaint be the truth”.

Judge Skinner said: “In view of the assurance given by Mr Wong, I will leave it to him to advise Mr Yong of the very serious allegation that has been made. He should be informed that the court will not tolerate any interference with witnesses. I hope I will not need to take the matter any further.”

In the petition, Kho alleged that Chong, or with his knowledge or consent, had insinuated or made a warning, threat or intimidation of the infliction of fear and injury or harm to Chinese voters if they wanted to vote for BN candidate Alan Sim Yaw Yen.

The allegations stated in the pamphlet had compelled voters to vote for Chong or refrain from giving their votes to Sim, Kho said in the petition.

He also alleged that Chong was guilty of corrupt practice of bribery by making promise to give voters in Bandar Kuching a ‘Malaysia Bonus of up to RM6,000 or less per annum’ contrary to Section 10 (a) of the Election Offences Act 1954, in that Chong or with his knowledge or consent published and distributed ‘DAP 2008 Election Manifesto’ as advertisements for Chong in February 2008.

On April 28, Kho filed the petition at the High Court Registry seeking a court order to declare the result of the March 8 election in Bandar Kuching parliamentary constituency, null and void so that a by-election would be held.

In the March 8, 2008 parliamentary polls, Chong garnered 22,901 votes to defeat Sim by a 9,952-majority in a straight fight.

If he didn't bother to vote for Chong why did he come back for the bonus? Something does not add up here. If you'd ask me it smells like someone has a motive. It has been stated above that he was not well off and was in need of finance.

Now on a personal level, it really pisses me off when certain individual tries cause havoc, fueled with nothing only but corrupt materialistic intent. I can understand if he is desperate for financial support. But to stoop to such lowlife drama really makes me speechless.

They think they are doing themselves a favor by claiming themselves a slice of the financial pie. Probably a little publicity; to put themselves as the David against the Goliath. Perhaps they are no better than the persecutor Goliath... serving to the wiles of certain individuals, only to have themselves thrown out and cast aside like the snitches they are.

It is extremely upsetting that people act out their cynicism and greed by stooping to worm-like tactics to oppress and discredit. This is the symptom of the world; the so-called Darwinian need to kill or be killed. There is no hope for a tommorow. Rely on your strengths and cross your fingers for a miracle. If that's how life really is...why do we need faith? Why do we need God? If we are so smart as we claim...how come is there still suffering and grieviences in this world? By right our énlightement'should have saved us all.

We are indeed striving to a better place. But do not be faithless and stoop to the negatives to grab any gain. Yes, we would have the results. But for anything borned out of corruption will certainly die and collapse. What would seem like a little lie would fester forth into a damage where it would seem impossible to repair.