Court dismisses judicial review bid by youths to vote in state polls

Avril (left), Ivan (right) and Addam (second left) together with their lawyers Wong (second right), Lo (third right) and Siah (fourth right).

KUCHING (Dec 14): The High Court here yesterday dismissed a bid by three youths to commence a judicial review against the Election Commission (EC) over their right to vote in the 12th Sarawak Election.

High Court judicial commissioner Alexander Siew How Wai dismissed the leave application by Avril Clarice Chin Ning, 18, Ivan Alexander Ong, 19, and Addam Johanson Jeremy Shayne, 19, for a judicial review against the Registrar of Electors for Sarawak and the Election Commission (EC), to exercise their voting rights in the 12th state election.

The leave for judicial review was dismissed with no order as to cost as the court ruled that the youths had failed to satisfy the threshold to obtain leave on commencing a judicial review.

The trio was represented by lawyers Clement Wong, George Lo, Simon Siah, Janise Then, Jonathan Tay and Christopher Chin.

The Registrar of Electors for Sarawak and the EC were represented by federal counsel Azizan Mohd Arshad and Ahmad Hanir, and Jessica Lee from the State Attorney-General’s Chambers.

Meanwhile, Sarawak Legal Advisers Dato Sri JC Fong, Khairul Kabir and Anisa Jamel were also present as ‘amicus curiae’ or a friend of the court.

Explaining his decision, Siew said even if the polling day is postponed to Jan 2, 2022, and assuming the Voter Register is always updated until polling day, those aged 18 to 20 will still not be able to register in time as Jan 2, 2022 is the first working day of the month.

According to him, the registrar still needs to check those who have just turned 18 years old to see if they are eligible to be registered as voters or not.

“It is inconceivable that the registrar will be able to complete the task or perform the necessary checks on eligibility and disqualification, verify the register and gazette it all within the first working day in January 2022,” he said.

The judicial review was filed by the three youths on Dec 7 at the High Court here.

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