election petition

Chief Sergeant Mike Imara and lawyer John Ole were summoned by Francis Potape to appear for the petition hearing, which commenced today. Only Ole was present in court.

Trial Judge Justice Ellenas Batari gave the officer until Friday morning to appear in court or a bench warrant will be issued.

The two joined petitions challenging Philip Undialu’s election as Hela Regional member went to court this morning for parties to sort out preliminary issues. Among these were the summons and other motions.

The Returning Officer for the Usino-Bundi seat, Goi Damud, Madang Provincial Election Manager Peter Yasaro, Ramu Sugar police station commander Patrick Walis and one of his officers have been summoned to appear at the trial.

The 15-day trial will commence February 12 and run through to March 2 at the Madang National Court.

Former MP Anton Francis Yagama filed the petition on grounds of bribery and errors and omission. He is also disputing the 2017 electoral roll used in the election.

The two-month trial will run from August 1 to September 28 at the Wewak National Court.

Petitioner Peter Wararu Waranaka appeared in person today and informed the Waigani National Court that a video will also be presented as evidence when the petition goes for hearing.

He is alleging instances of bribery against re-elected member Richard Maru and instances of errors and omission at counting against the Electoral Commission.

Waranaka has also filed a review that is pending before the Supreme Court. The review is still in its leave stages.

The Election petition trial has been set for hearing for the whole month of June, commencing June 1, 2018.

The two petitions combined for hearing were filed by Michal Kandiu and Andy Bawa, on grounds of errors and omission against the Electoral Commission during the polling at different locations, counting and scrutiny process.

Bawa and Kandiu’s lawyers proposed the consolidation of the petitions which was allowed and ordered accordingly by the court.

Kumbakor filed the petition on August 30, disputing Joe Sungi's re-election as Nuku MP.

Sungi was declared member elect on July 20^th.

His lawyer filed a motion, objecting the petition saying it was incompetent because it was filed late.

The two issues brought to court in that motion was that two public holidays fell between that period of declaration and the date the petition was filed.

The public holidays were Remembrance and Repentance day respectively. 

His lawyer, John Napu, will be seeking leave of the court today to review the decision of November 16, which allowed the petition to stay alive in the Court of Disputed Returns.

Kaupa filed a motion on Oct 18 seeking dismissal of the entire proceeding, claiming the petition was filed one day late.

The National Court ruled the petition was filed within the 40-day period after the declaration date and was on time.

The court said the public holiday on August 24 (National Repentance Day) does not affect the calculation as the petition was filed on the 40th day.

This is the first seat that was declared out of the four in the nation’s capital and now the first to go for trial in the Court of Disputed Returns before Justice David Cannings.

Petitioner Samson Kirilyo is challenging Tkatchenko’s election based on the scrutiny process of the Electoral Commission.

The trial commenced with the hearing of two applications, or objections, challenging the competency of the petition.

Tkatchenko’s objection was based on a requirement in the actual filing of the petition.

Since the issue was resolved early last month, the Electoral Commission has been seeking leave of the court to file that objection, challenging the competency of petitions late or out of time.

Today, the petition disputing the election of Alfred Manase, as Kandep MP went to court over the same issue.

The Electoral Commission sought leave of the court to file the late objection, challenging the competency of the petition.

The petition which alleges grounds of errors, omission and irregularities against the Electoral Commission will go for trial at the Goroka National Court.

Kimisopa will be bringing nine witnesses for the trial.

Trial will be held from December 18-22 before the next available judge, the court ordered today.

Two applications filed by Ame as well as the Electoral Commission challenging the competency of the petition will be heard before the trial proceeds.

Trial dates for the Abau Open seat have also been set for December.