It is important for the people of North-Fly to have a voice in parliament in the interim while awaiting the recount says, Justice William Neill, who dealt with a Supreme Court application for the North Fly petition this week.
Following the National court’s order to set aside James Donald’s election as North-Fly MP, and allow him to remain in office pending the recount, Petitioner Paiyo Bale, filed a review in the Supreme Court to challenge that interim order.
The third runner-up in the election sought leave of the Supreme Court to review that specific order and asked for a stay on the order which allowed Donald to temporary remain in office.
Justice Niel refused to grant leave and the interim injunction sought by Bale.
He relied on previous court decisions that were made in similar situations to preserve the status-quo for the incumbent MP, dismissing Bale’s application for leave and refused the stay order as well.
Meanwhile Donald has also filed a similar application for leave in the Supreme Court to review the same National Court decision in Kiunga that ordered for the recount against his 2017 election victory.
His grounds for review are, amongst other things, the issue on electoral boundaries, which he thinks, the court did not rely on substantial material (evidence) such as maps to make the findings that came with the subsequent recount order.
His application seeking leave to review the petition will be heard next week.
The petition was dismissed last month and ordered for a re-count to be done within the next two months for all LLGs in the district, except the ballot boxes from the Nomad LLG.
The court found errors and omission were done by Electoral Commission staff who admitted into scrutiny ballot boxes from the Nomad LLG, which was in the Middle Fly electorate.