NCD Metropolitan Superintendent Benjamin Turi will still be continuing his duty in providing security during the counting process in the city.
The Waigani National Court on Wednesday afternoon refused an urgent application that was filed by incumbent Moresby North-East MP, Labi Amaiu, seeking to restrain him from “interfering with the conduct of electoral officials”.
Amaiu’s lawyer filed an urgent application on July 4, on allegations that Turi had made comments in relation to the conducting of elections during polling day on June 30 at Bush wara settlement at 9 mile and Unagi oval at Gordons.
He also alleged that Turi made comments against NCD regional candidate, Andy Bawa outside the Rita Flynn courts.
Amaiu alleged that the statements Turi made were “very serious” in nature adding that he has pre-determined the outcome of the elections.
He asked the court to stop Turi from being part of the security team currently supervising counting in the Moresby North-east seat.
He was also seeking declaratory orders that Turi’s actions of an alleged assault over a scrutineer was illegal and that his conduct over electoral officials were also illegal.
The state objected the application saying what was brought before the court were mere speculations with no evidence provided before the court.
State lawyer, Irene Mugugia submitted before Justice Collin Makail that counting was in progress and there was no utility in the application.
She said that Turi’s job is to provide security for officials and there was no evidence shown to the court by Amaiu’s lawyer that he would interfere with counting in the Moresby North east seat.
Justice Makail refused the application because he was of the view that Amaiu’s application was based on speculations and assumptions and that there was no evidence to support that what transpired on June 30 will happen again.
He said elections are conducted within a specific period of time, adding there was not much time left before the return of writs on July 24.
Justice Makail also added that it was too early to speculate on the outcome of the elections especially when counting only started a day ago for Moresby North East seat.
He said anyone aggrieved with the electoral processes starting from nominations to the final declaration of the successful candidate at the return of writs, have the option to pursue Election petitions.
There was also no evidence presented in court of Turi continuing to interfere with polling or counting.
The court dismissed the application. Amaiu was ordered to pay the cost.