A criminal proceeding against the Hela Election Manager, John Tipa, has been struck out from the Committal Court for want of prosecution.
Tipa was arrested on 20 December last year and charged for election-related fraud.
He was in court over allegations of forgery on Form 66 (b).
Forms 66 (a) and 66 (b) are Electoral documents that must be signed off by an election manager or returning officer, the assistant returning officer and the scrutineers of the winner and the runner-up in the election, after elimination and before a declaration is made.
It was alleged that Form 66(b) was not signed off by a scrutineer of Francis Potape as it should be by law.
Tape Pulupe, who is Potape’s scrutineer, claimed that the signature on the form was not his and lodged a formal complaint at the police station, which led to Tipa’s arrest.
The arrest however did not come easy, which resulted in a confrontation with police.
Tipa claims he was physically assaulted in the process however police say reasonable force had to be used.
His case had been before the Committal Court for over three months with no investigation files produced by police.
It was put to court today by police prosecution that Tipa did not turn up for the record of interview with police when requested.
His lawyer told Magistrate Cosmas Bidar that his arrest emanated from the Hela Regional petition which was filed by Francis Potape.
This was dismissed by the Court of Disputed Returns for being incompetent. That dismissal by the National Court is now subject to a Supreme Court review.
The other petition regarding the same seat that was filed by Dr Hewali Hemia will proceed to trial on 7 May.
Magistrate Bidar said since the petition that was dismissed contains the same allegations as the criminal proceeding against Tipa, his right to have his case dealt with, within a reasonable time, must also be taken into account.
“The law is clear. Any disputes, any allegations of irregularities or otherwise in the election, goes through the special court, and that goes to the Court of Disputed Returns through an election proceeding.”
Magistrate Bidar dismissed the case for want of prosecution.
Meantime, Tipa said he has filed complaints against police officers who arrested him. He claims he was also assaulted.
He also intends to file contempt proceedings against those responsible for his arrest. He was arrested even before the National Court heard objection to competency motions in the two petitions.