A three-man Supreme Court bench yesterday stayed the election petition trial over the Southern Highlands Regional seat, which is currently on trial in the National Court.
Governor William Powi and his lawyers obtained the stay after the petition trial commenced on Monday.
The election petition over the Southern Highlands regional seat commenced on Monday in regards to two grounds; the premature declaration of William Powi, as Governor on 27 September 2017 in absence of an absolute majority, and the question of declaration under ‘special circumstances’ in accordance to section 175 of the Organic Law, to declare Powi as duly elected Governor.
Petitioner Pastor Bernard Kaku presented his case over two days. At the close of his evidence on Tuesday, Powi’s lawyers made a ‘no case’ submission, with a decision reserved to yesterday at 1.30pm.
But before that decision was handed down, Powi went before a three-man Supreme Court bench on Wednesday morning, seeking a stay on the trial.
The stay was granted as members of the Supreme Court bench were all of the view that it was not proper that different outcomes should be encouraged in two different courts.
This is because a petition trial commenced on Monday, while a slip rule application and review was before the Supreme Court.
The court ordered a stay of the National Court trial, until the Supreme Court case is determined.
Parties are expected back in court on April 1, where any other applications in the Supreme Court review will also be heard.
The petition trial in the National Court has been adjourned pending the outcome of the review in the high court.