Judge made error in granting relief, court told

The trial judge who presided over the election petition for the Kandep Open seat in the National Court made an error when he set aside Don Polye’s election, Polye’s lawyer told the court today.

The Kandep Open seat election petition review hearing took place before a three-judge Supreme Court bench. This happened after the court refused a letter from Polye, requesting one of the judges on the bench to disqualify herself from hearing the case.

The hearing took place this afternoon and a decision was reserved to a later date.

Polye’s lawyer, Paulus Doa, told the court the trial judge made an error when he set aside Polye’s election on May 2.

He said the judge did not make any finding of facts or reason out why he set aside Polye’s election.

Doa said the petition, filed by runner-up Alfred Luke Manase, was only seeking a recount as one of its reliefs and not to set aside the election.

He also told the court that the 5 boxes that the National Court ordered to be counted on May 2, were properly scrutinised before they were rejected from counting.

 He objected Polye’s application, saying the returning officer in the Kandep Open seat was duly appointed in the 2012 General Elections.

Manase’s lawyer, Ian Molloy, on the other hand, submitted to the court that the trial judge was correct in his finding when the court decided the returning officer wrongly excluded five ballot boxes from being counted.

Molloy said witnesses told the election petition trial that the returning officer’s actions amounted to misconduct.

He also said orders granted by the courts are discretionary to the court and the judge was right in his decision when he set aside Polye’s election.

He further told the court that the Electoral Commission failed to ensure that a qualified returning officer conducted the elections.

On May 2, Justice Joseph Yagi of the Waigani National Court set aside the declared election of 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.

While the Electoral Commission was preparing to get the five disputed ballot boxes counted, Polye filed a judicial review before the Supreme Court. Manase, in response, also filed a separate view.

Author: 
Sally Pokiton