election petition

A three-man Supreme Court bench heard the review on June 27 and dismissed the review today for being incompetent.

The full court found that there were additional grounds, filed in the substantive review.

Those grounds were not included in the leave stage of the review.

Justice Ambeng Kandakasi said challenging an election result is serious and the onus is on the petitioner to get the pleadings right, failure to do so has resulted in the dismissal of many good petitions.

Justice George Manuhu dismissed the petition on Friday at the Wewak National Court.

Joseph Yopyyopy won the Wosera-Gawi seat with 10,822 votes while Francis Baindu, the first runner-up, collected 7,896 votes.

With a difference of 2,926 votes, Baindu filed the petition on seven counts of bribery.

Only two counts of bribery proceeded to the substantive trial which commenced early this week at the Wewak National Court.

The petition was dismissed on May 28 after trial.

Justice Collin Makail dismissed the petition earlier because the petitioner, Pini, failed to establish that polling was compromised by the setting aside of six ballot boxes.

He has since filed a review in the Supreme Court.

An application seeking leave to review the dismissal will be heard in the Supreme Court on 9 July at 3pm.

Another Supreme Court review arising from an election petition that went for directions today before Chief Justice Sir Salamo Injia was the North Fly petition.

The National Court dismissed Andy Bawa and Michael Kandiu’s petitions, stopping it from advancing to full trial after it failed the test of competency.

Both election petitions claimed that Parkop’s declaration was done before he attained an absolute majority.  

Kandiu complained on the lack of proper scrutiny however, the National Court saw that he did not demonstrate that the results of the poll were likely to be affected.

A three-man Supreme Court bench reinstated the case for trial in the National Court.

Out of the 79 petitions filed disputing election results last year, Potape’s petition is the first to be remitted to the National Court after a successful review by the Supreme Court.

It was dismissed on January 24 as it was found to be incompetent. The National Court saw that essential facts that should have been pleaded to support the two grounds of the petition were not stated.

Petitioner Peter Wararu Waranaka challenged Maru’s election on six main grounds: 22 counts of bribery, undue influence, errors and omission, illegal practices, irregularities and forgery.

Waranaka was seeking a recount in the petition.

The matter went before Justice Ambeng Kandakasi for hearing one objection to competency motion, filed by Maru.

Maru’s lawyers put to court the petition was filed outside 40 days’ requirement and was incompetent. 

Justice Collin Makail dismissed the petition today because the petitioner, James Pini, failed to establish that polling was compromised by the setting aside of six ballot boxes.

On 8 May, the National Court found the petition competent with valid grounds for trial.

Petitioner James Pini alleged the election was compromised when the returning officer refused to admit six ballot boxes for counting, thus affecting the election outcome.

The election of Henry Tutowo Ame was disputed by former MP and petitioner Bire Kimisopa.

Errors and omission by Electoral Commission officials saw the petition upheld after trial was conducted in Goroka.

775 ballot papers from the Eastern Highlands Regional box that were misplaced were declared informal by the court today.

Recount will commence from Elimination 1 to 28. All ballot boxes will be held in custody of the Eastern Highlands Provincial Police Commander until recount commences.

However, his lawyers are yet to receive a written ruling from the trial judge, who decided on the petition in order to file the application for leave.

Chan’s lawyers told the Supreme Court yesterday (April 13) they are yet to receive the written ruling outlining the reasons for the dismissal.

They intend to seek leave of the court to review the dismissal but require the written ruling.

Chief Justice Sir Salamo Injia, sitting as single Supreme Court judge, extended the time for Chan to move his application to April 27.

The second term MP had the petition against him dismissed yesterday as it was found to be incompetent.

Chris Lagisa alleged that Muthuvel had a dual citizenship status however, the court found that was just an assumption.

Muthuvel’s Indian passport was surrendered to the Indian High Commission in May of 2007.

“The court described very clearly that if the petitioner was genuine, he would have given the evidence to court,” Muthuvel told the media after the decision.