Date set for hearing on Kandep open applications

Four applications will be heard on July 1st by the Supreme Court from two separate judicial reviews filed by Don Polye and Alfred Manase over the Kandep Open seat.

The Supreme Court will hear and determine the consolidated review that has four applications filed before it proceeds to hearing the substantive issue. Each party in the case has filed two applications.

The matter came for directions today where Chief Justice, Sir Salamo Injia directed Supreme Court registry to prepare the appeal books.

Parties are expected to file extracts of arguments by next Monday (June 26).

The review filed by Polye seeks to stay the counting of the five boxes which the National Court on May 2 had ordered. It also consists of an application seeking to dismiss the appeal filed by Alfred Manase.

In the review filed by Manase, he will be seeking the Supreme Court to quash the decision of May 24 which reinstated Polye as Kandep Open MP. He will also be seeking to stay the counting of the five disputed ballot boxes from the 2012 National General Elections.

On May 2, Justice Joseph Yagi of the Waigani National Court set aside the declared election of Don Polye as member for Kandep Open on July 13, 2012.

He ordered the Electoral Commission to count five ballot boxes that were disputed during the General Elections within 30 days from May 2. The five boxes were not counted after they were disputed. The boxes are from the areas of Lungutenges No.1, Kombros No.1, Kambia No. 1, Maru and Imipaka.

Justice Yagi also ordered that the candidate scoring absolute majority after the completion of the counting shall be declared duly elected by the Returning officer as the member elect for the Kandep Open Electorate.

While the Electoral Commission was preparing to get the five disputed ballot boxes counted, Polye filed a judicial review before the Supreme Court which went in his favour on May 24, reinstating him as the Member elect for Kandep Open. 

 

Author: 
Sally Pokiton