Kandiu application ruling deferred

The Supreme Court today deferred a ruling to a later date on an application sought by Michael Kandiu, asking the court to revisit an earlier decision made in a Supreme Court Election petition review.

The ruling that was to be done by Justice Collin Makail this morning was deferred to a later date after submissions were made on Wednesday.

Kandiu, who finished third in the 2012 General Election in the NCD Regional seat, is asking leave of the Supreme Court to allow a re-visit to an earlier Supreme Court judgment.

If leave is granted, the full court will proceed to hear submissions of the slip rule application. 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.

Two grounds are being relied on by Kandiu in the application; bribery and error on the part of the trial judge. In one of his finding, the judge ruled that Kandiu was late in raising a complaint after the returning officer in the 2012 elections made a decision to exclude 12 ballot boxes.

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 on March 7, 2014.


Sally Pokiton