Kandiu asks court to revisit judgement

The Supreme Court will tomorrow rule on a leave application sought by Michael Kandiu, asking the court to revisit an earlier decision made in a Supreme Court Election petition review.

Kandiu who finished third in the 2012 General Election in the NCD Regional 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.

In relation to Bribery, Kandiu is alleging there was bribery by current sitting MP, Governor Powes Parkop. In the trial, the judge dismissed that ground.

The appellant is also arguing that the trial judge erred in his finding that it was too late for Kandiu to complain because the returning officer had 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 March 7, 2014. 



Sally Pokiton