July 10th. Taiping High Court

    The linesman had his flag up. Samy was clearly offside. The referee said," play on". Samy misses the goal but instead the referee scored the goal. PSM election petition was struck out.

    Today, Justice Dato Wan Adnan struck out Dr. Jeyakumar's election petition on technical grounds. PSM was not surprised and in fact had already prepared a draft press statement to be released to the press. On 11th. April 2000, The Judge had two matters in hand. He had a motion by Samy Vellu to set aside the election petition, while Dr. Jeyakumar's lawyer had another motion to set aside Samy Vellu's motion. The Judge then said that if Samy wins, then he will hear their motion to strike out and if we win, then he will proceed with the election petition. On 15th. of May, the Judge decided that we won with cost but he went against his word and did not proceed with the petition but allowed Dato Cyrus Dass (Samy's lawyer) to put forward other reasons to strike out our petition. Since then, we were quite prepared that our petition will be struck out eventually.

    What was surprising today, was not that the petition was struck out but the reasons given for the petition to be struck out. The Judge gave two technical reasons for the petition to be struck out. First, He said that Dr. Jeyakumar's advocate Dominic Puthucheary should serve the petition notice to Samy Vellu's advocate Cyrus Dass but instead the petition was served by Dr. Jeyakumar's solicitor to Samy's solicitor. So the reason was only advocate can serve to advocate. This issue was not brought up by any party before and in fact both the lawyers agreed that the solicitors could receive on their behalf. The second reason was the term "Notice of presentment" was used instead of "Notice of Presentation". The Judge agreed he was not sure what it meant but he wanted to strictly follow the law. Based on these two reasons alone, the petition was struck out. Dominic while explaining to PSM supporters later said, " Two people was arguing how the motorcycle accident took place when suddenly the judge said the person injured himself by falling from the tree"

    What was also very unique, was while the judgement was read, suddenly music was heard coming from the speakers of the courtroom. The music seems to indicate that someone else is playing the music while the judge playing to its tune. The music ended shortly. The judge also said that since both parties have won once with cost, he hopes they have contra each other's cost. After the judgement, Samy Vellu, true to his childish self, pointed the thumb at PSM Deputy Chairperson, M.Saraswathy to indicate, "serves you'll right". Some other member reacted by saying, "let the people decide ".

    The striking of PSM petition means that the issue of election fraud and how Samy won the election cannot be brought to court. PSM's video evidence on gangsters and phantom voters was never given a chance to be exposed to the public.

    The result today proves another mockery to democracy and the judiciary system in the country. Almost all election petitions filed todate has been struck out based on technical grounds. When Election petitions which questions the notion of free and fair elections, is not given a chance to be heard .what else can one do.

    PSM supporters, which numbered four times more than Samy supporters today at the court shouted slogans and clapped as if they had won. The message from the people is clear, " Go on fighting and we will be with you". PSM is very encouraged with the spirit shown by the people and will go on to expose corruption and misuse of power. The defeat today is just another lesson on who controls the system.

    Justice has only again sided with the rich and powerful !!!

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