Friday, January 16, 2009

In defence of Public interest - an appeal

http://www.malaysianbar.org.my/administrative_law/the_role_of_public_interest_litigation_in_promoting_good_governance_in_malaysia_and_singapore.html.


The Appeal to the Appeal Court by 29th January, 2009 in the defence of Public Interest
as the two High Court cases were struck out by technical points of Federal Constitution 118 and S38 of Election Offences Act [Act 5.]

Joshua Kong


There are the major documents submitted for the TWO High Court
case in Kota Kinabalu on General Election 2004 and General Election 2008 (filed on 25th February, 2008 and 25th April, 2008)
K21-10-2008 and K21-14-2008 (respectively).

1. Writs of Summons 1- for GE 2004 - 25th February 2008;
2. Writs of Summons 2 - for GE 2008- 25th April, 2008;
3. Affidavit in Opposition 1 - against strike out application by SFC - GE 2004 - 14th Nov 2008 (15 pages plus 5 exh).
4. Affidavit in Opposition 2 - against strike out application by SFC - GE 2008- 25th Nov 2008 (14 pages plus 9 exh).

5. Affidavit in Support 1 - for Writ 1 - 2nd Dec 2008 (5 pages plus 1 exh).
6. Affidavit in Support 2 - for Writ 1 - 9th Dec 2008 (4 pages plus.

7. Submission 1 (preliminary) for Writ 1 - 4th Nov., 2008 together with schedule of Analysis of arithmetic discrepancies.

8. Submission 2 (preliminary) for Writ 2 - 14th Oct 2008 2 pages together with a list of IC and faulty roll.

9. GE2004 of seats with major arithmetic discrepancies in Ballot papers issued for Parliament & State seats.

10. GE 2004 & 2008 Affidavit in reply to 1st Defendant's Affidavits

11. My skeletal submission on 13th January, 2009 of 21 pages together with 38 documents.
together with Final Submission of three pages with a document.

The cases were consolidated on 30th December 2008.

The strong point is Public Interests when these cases were not started as Election Petitions.

Joshua Y. C. Kong
Plaintiff acting in person.