The two-day trial of the Election Petition 95 (EP 95) case of Peter Yama against Ramsy Pariwa and the Electoral Commission was completed on Saturday.
They are now waiting for submissions of accepted evidence from the lawyers which will be done on 21 September 2023 at the National Court House in Port Moresby.
Trials started on September 8 with cross-examination of Yama’s witnesses by Martin Kombri Lawyers, representing Ramsy, and Peter Kuman for the Electoral Commission.
The affidavits of Peter Yama’s witnesses were accepted by Justice David Cannings despite objections of the legitimacy, due to the fact that all witnesses had their affidavits done up for them by lawyers and signed upon interpretations due, to educational and literacy level restrictions.
Justice Cannings justified the acceptance of the affidavits quoting parts of the Evidence Act 1975.
Under the Evidence Act 1975, there are several key provisions that form the basis of the rule of evidence in PNG. These provisions include:
- Admissibility
- Examination and Cross-Examination
- Burden and Standard of Proof
- Expert Evidence
- Documentary Evidence
- Privilege
The rule of evidence in PNG aims to ensure fairness, reliability, and efficiency in the administration of justice. It provides a framework for parties to present their case and for the court to evaluate the evidence in an objective and systematic manner. By adhering to these rules, the court can make informed decisions based on credible and relevant evidence.
Cross-examination of Pariwa’s witnesses was on September 09th, when Governor Pariwa took to the witness stand and defended his case against allegations of “undue influence”.
He is alleged to have made certain defamatory statements during his campaign at Tugutugu village on Karkar Island. He was cross-examined by Ben Lomai representing Peter Yama.