Kaupa’s application dismissed

An application by Moresby North-East MP John Kaupa, seeking leave of the Supreme Court to review a National Court decision, was dismissed this morning.

Kaupa went to the Supreme Court seeking leave to review the decision of November 16, which dismissed his motion challenging the competency of the petition that was filed by former MP, Labi Amaiu.

He asked the National Court then to dismiss the entire proceeding on the basis the petition was filed one day late.

The National Court refused the motion, allowing the petition to stay alive and ordered for its return at a later date for the trial date to be set.

This morning his lawyer went before Chief Justice Sir Salamo Injia, seeking leave to review the lower court’s decision.

He claimed the lower court made an error in the calculation of the petition’s filing timeframe.

However, he could not meet one of the requirements in pointing out to the court previous cases of such application.

The Supreme Court found the application to be an abuse of court process, hence the dismissal.

The National Court ruled on November 16 that the petition was filed within the 40-day period after the declaration date and was on time.

Justice Collin Makail then said the public holiday on August 24 (National Repentance Day) did not affect the calculation as the petition was filed on the 40th day.

To file an election petition, it must be done within 40 days after the declaration date.

Kaupa was declared on July 28. Amaiu filed the petition on 6 September.

(Picture: Kaupa, second left, and supporters outside court today) 

Author: 
Sally Pokiton