Petition against Mendani dismissed

An election petition that was filed by runner-up in the Kerema Open seat, Thomas Opa, has been dismissed by the National Court even before it went for trial.

The dismissal comes after a preliminary issue was raised in a motion by Mendani’s lawyer, Tony Waisi, regarding the service of the petition by Opa.

The petition was filed by Opa on September 1, however service of the notice was effected on Mendani, by way of a published advertisement, one day late in the Post-Courier.

Opa could not serve the MP within the 14 days’ requirement of the election petition rules.

Instead, he went to the newspaper on the 12th day to have the advertisement put up. The notice was published on the 15th day.

Justice Collin Makail, in dismissing the petition, said the onus was on the petitioner to seek an extension of time to effect service on Mendani. This was not done.

No order was sought by the petitioner for the court to extend time to comply with the requirement of service; a procedural requirement that was not met by the petitioner. 

The court, in dismissing the petition, ordered the security bond of K5,000 to cover the respondent’s cost in the petition.



Author: 
Sally Pokiton