Judge: Kandiu did not establish slip

The Supreme Court today refused an application by Michael Kandiu, seeking leave to revisit an earlier decision made in a Supreme Court Election petition review.

Justice Collin Makail in giving his decision today said Kandiu did not establish that the courts slip or fell into error in its judgment. A slip rule application is when a party seeks the court to revisit its decision after leave is granted to correct any accidental slip or omission in the judgment.

Kandiu who finished third in the 2012 General election in the NCD Regional was asking leave of the Supreme Court allow a re-visit to an earlier Supreme Court judgment of June 23,2015.

Two grounds are being relied on by Kandiu in this application; Bribery and error on the part of the trial judge in one of his finding.

Justice Makail said for the ground of bribery, it was alleged the sum of K2,000 was given by Powes Parkop to a Don George as bribe. The trial judge formed an assumptive pronouncement that it was used “to transport and feed scrutineers, a perfectly proper use of funds at elections.”

“In my view, the contention by Kandiu does not establish a slip. Indeed it is a rehearsal of arguments made before the earlier court,” Makail said today.

As for the ground of errors or omission by the court, Kandiu asked the court to find and declare that the Returning officer’s decision to refuse to admit and count the 12 ballot boxes were in breach of section under section 153(a)of the Organic Law on Elections.

Justice Makail said that the court had comprehensively addressed the issue in the trial and that Kandiu was rehearsing the arguments already brought in court earlier.

The Supreme Court refused the application and also ordered Kandiu to pay the cost of the application.

On June 23 last year, a three-man Supreme Court bench upheld the National Court’s decision of March 7, 2014 to dismiss the election petition filed by Kandiu.

Kandiu finished third in the 2012 General Election in the NCD Regional seat and filed an election petition at the court of disputed returns on September 14, 2012.

He filed the application on the grounds of bribery, illegal practices by supporters of Parkop during the election, errors and omissions on the part of the Electoral Commission.

These grounds were dismissed in the National Court of Disputed returns March 7, 2014.  

(Loop file picture of Kandiu outside court last week.)

Sally Pokiton