Polye’s application seeks leave of the Supreme Court to hear a Slip Rule, for the full court to revisit its decision from Sept 6 on grounds it made an error.
For the Slip Rule application to be heard, leave has to be granted first by at least a member of the Supreme Court bench that issued the order before it can be heard.
He also seeks to stay the recount of Ballot boxes which was an order issued by the court on Sept 6 by Justices Allan David, Jacinta Murray and Frazer Pitpit.
The matter came before Justice Allan David this morning for mention where he set the hearing for tomorrow.
Lawyers representing Polye, Petitioner Alfred Luke Manase and the Electoral Commission were all directed to prepare themselves today and provide to the court tomorrow short extracts of their arguments before he hears proper submissions from parties.
An attempt by Polye’s lawyer, Paulus Doa to obtain an interim stay order against the re-count taking place tomorrow was refused by Justice David.
Justice David said proper hearing must take place before leave can be granted to any party.
Both the Electoral Commission and Manase are opposing Polye’s two applications.
Meanwhile, the court was told today that the recount will commence in Wabag town tomorrow, Tuesday Sept 27.
Polye’s lawyer, Paulus Doa outside the Waigani Court house today after appearing before Justice Allan David. Picture by Kennedy Bani.