election petition

The petition that was filed challenging Member for Moresby South, Justin Tkatchenko’s win has been listed to go for trial.

This is the first election petition, out of the 77 that were initially filed, to have its trial date set in the Court of Disputed Returns.

Filed by Samson Kirilyo, the trial will be heard at Waigani National Court buildings from November 20-24.

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This is the first election petition, out of the 77 that were initially filed, to have its trial date set in the Court of Disputed Returns.

Justice Collin Makail set the petition for a week trial next month after it went for pre-trial conference today.

Filed by Samson Kirilyo, the trial will be heard at Waigani National Court buildings from November 20-24.

Returning Officer for the Moresby South electorate, Michael Are, has been summoned to give evidence in the trial, amongst others.

Marape’s lawyer filed an application, to summarily dismiss one of the two petitions, that was filed against the Minister for Finance and Rural Development.

It was filed after Petitioner, Johnny Pokaya’s lawyers failed to comply with directions of the court, which were issued on September 13, to assist parties prepare themselves for trial.

Pokaya’s lawyer did not comply with orders to file witness statements by October 4, as they were dealing with another interlocutory application by Marape’s lawyers to have the case dismissed.

The dismissal comes after a preliminary issue was raised in a motion by Mendani’s lawyer, Tony Waisi, regarding the service of the petition by Opa.

The petition was filed by Opa on September 1, however service of the notice was effected on Mendani, by way of a published advertisement, one day late in the Post-Courier.

Opa could not serve the MP within the 14 days’ requirement of the election petition rules.

Instead, he went to the newspaper on the 12^th day to have the advertisement put up. The notice was published on the 15^th day.

The petition, filed on 14 September by Walter Lunga, alleges two instances of bribery and instances of irregularities and omissions during polling.

Petitioner Lunga claims four ballot boxes had the same hand writing; something they raised objections to during scrutiny.

For bribery, the petitioner is also alleging food exchanges and promises made by Lelang during the election period.

Lunga will be calling 20 witnesses for the trial while Lelang’s lawyer indicated calling 14 witness.

 Kala filed the petition against third-time MP, Sir Puka Temu.

The case went for directions before Justice Collin Makail, of the Waigani National Court, where two weeks were given to parties to sort their witness statements in preparation for trial.

Sir Puka will also be calling seven witnesses during trial.

Kala is alleging five instances of bribery against sitting MP, Sir Puka.

The Electoral Commission has been given till Oct 4 to produce form 66 A and form 66B, including the electoral roll to lawyers for the petitioner.

Former Speaker of parliament and Finschhafen MP, Theodore Zurenuoc, withdrew the petition he filed against current MP, Rainbo Paita, today.

The petition also filed by runner-up in the Telefomin Open seat, Peter Iwei, against re-elected MP Solan Mirisin, was withdrawn.

These two petitions are among 77 filed in court.

Meanwhile, the legal representation of the Electoral Commission in some petitions filed, continues to disrupt the progress of the cases progressing to directions in prepration for trial.

Justice Collin Makail issued the orders today on the request of lawyer representing petitioner in the Ialibu-Pangia seat, Stanley Liria.

The petition came for direction hearing today to assist parties prepare themselves for the actual hearing.

The main basis of the petition is the alleged illegal polling on Sunday, which breaches section 130(1)(b) of the Organic Law on National and Local Level Government elections.

Three are three grounds of the petition; illegal practices, bribery and undue influence.

The petition, filed by Byron Chan, today came for direction hearing where orders were issued for parties to get witness statements prepared and filed for those they intend to call. This is for when the matter goes for trial.

The petition alleges five instances of illegal practice, four instances of bribery and two instances of errors and omission on the part of the Electoral Commission.

Chan is seeking in the petition to have the court declare the election of Walter Schnaubelt null and void.

The petition was filed on Tuesday against the successful candidate Ian Ling-Stuckey.

Ling-Stuckey has been named as the first respondent while the Electoral Commission the second.

The notice of petition has taken effect and each respondent who wishes to defend the petition is to contact the Registrar of the National Court to obtain a copy of the petition.

It will be listed for hearing at a later date.

The National Alliance member was declared the new Member for Kavieng Open on July 20 by Returning Officer, Yuyu Lasbut.