The election petition that was filed disputing Moresby-South MP, Justin Tkatchenko’s win has been dismissed.
The Waigani National Court this afternoon dismissed the petition because the petitioner failed to meet mandatory requirements in filing that petition.
Petitioner and runner-up Samson Kirilyo failed to provide particulars of two witness address. The address should contain the occupation, postal and residential address.
Yesterday, two applications or objections on the competency of the petition was moved in court.
Justice David Cannings in giving his ruling today found that the petition did not comply with all of the requirements of section 208 of the Organic Law and is not competent.
With the non-compliance of the mandatory requirements, there was no need to proceed to hear evidence in the petition.
”In this case the only details given of the address of the first witness, Steven Toru, are “Humanity Foundation PO Box 8362 Boroko”. When those details are combined with the witness’s name and occupation (“Manager”), it cannot reasonably be said that this witness could easily be located. Section 208(d) has not been complied with.
“Non-compliance with Section 208(d) of the Organic Law is starker in the case of the second witness, Moses Reuben, who has not stated his address in any meaningful way. “Sakin Investment” is not an address,” Justice Cannings said when upholding submissions by Minister Tkatchenko’s lawyers Ian Molloy and Christine Copeland.
Justice Cannings said the address of each witness that was provided in the petition was stated so vaguely.
With the petition dismissed, Tkatchenko said he will continue to get on with the job without interference.
He said despite having two important ministries, his people of Moresby South remains his number one priority.
“I say thank you to all of you who have supported me. Our coordinators and leaders that have supported me all the way. We were the first to be elected (in NCD) and now we are the first to have our case dismissed,” Tkatchenko added.
(Picture: A jubilant Tkatchenko and his supporters outside court today after the decision.)