The Electoral Commission has made a submission to the Waigani National Court in Port Moresby recently, seeking to dismiss a motion filed by former Chimbu Governor Noah Kool relating to the judicial recount for the provincial seat.
Kool, through his lawyer, filed a motion on Friday, May 10, after the completion of the judicial recount of the Chimbu Provincial seat in Goroka on May 7 to have the results be declared void and ordered another recount or a by-election for the Chimbu provincial seat.
Kool alleged that there were illegal practices during polling when tickets with butts were discovered at the judicial recount.
He alleged that there were about 22,510 ballot papers with butts and urged the court not to accept the results of the judicial recount.
Lawyer representing PNGEC Moses Ninkama objected to the motion and submitted that the allegations were based on speculation and false information and are not true or based on evidence.
He also submitted that the allegations were fresh, and relate to the polling area whilst the grounds of the initial election petition were on errors and omissions during the counting.
Ninkama said all the relief sought in the initial petition were met and the two that are remaining is for the court to announce the results of the recount and make a decision on the costs.
He submitted for the motion to be dismissed and the court continue with the reliefs sought in the initial petition to announce the results and subsequently declare the winner.
Lawyer representing Governor Michael Dua, Camilius Gagma also objected to the motion by Kool and submitted in his defense that the allegations of 22, 510 vote with butts were mere speculation and false allegations.
Justice Collin Makail adjourned the matter to Friday May 24, 2019, at 1pm to give his decision.