There will be a recount of all ballot papers accepted for scrutiny in the Central Bougainville seat.
The Waigani National Court today ordered for the recount after it was satisfied the Electoral Commission, through the returning officer, failed to accord a request provided under the organic law which was raised by runner-up Sam Akoitai’s scrutineer prior to declaration.
Aggrieved with the results, Akoitai filed the petition, disputing Fr Simon Dumarinu’s election.
Justice Lawrence Kangwia heard evidence in the trial and gave his ruling today.
He ordered for the recount to be done at the same counting centre in Buka. It should commence before March 5 and end on or before 17 March.
The results of the recount must be presented back to the National Court on a date to be fixed before 23 March.
In the meantime, Fr Simon shall remain as MP, pending the outcome of the recount.
The court had found that Akoitai’s scrutineer, who was refused entry into the counting room prior to declaration, requested for a recount which was ignored by the returning officer who went ahead and declared Fr Simon.
This request was done under section 170(1)(2) of the organic law. That provision allows for the candidate with the second highest votes to request for a recount, if the number of votes does not exceed 0.25 percent of the number of votes polled by the candidate who collected the highest number of votes.
In this case, after the 19th elimination, which saw the exclusion of Jimmy Miringtoro, Fr Simon polled 7,285 while Akoitai had 7,277 votes, a difference of eight votes.
The returning officer admitted during trial that she was not aware of that provision and also stated in her affidavit that she did hear the request for a recount but ignored it.
Justice Kangwia said declarations are one of the most important duties of a returning officer and they must also inform candidates of their rights to request a recount in such circumstances.
“Her ignorance reflected a failure of the Electoral Commission in ensuring all provisions of the organic law are complied with,” Justice Kangwia said.
(Sam Akoitai, right, at the courthouse today)