Two petitions that were filed, challenging Hela Governor, Philip Undialu’s election will return to court on November 17 for parties to indicate whether or not, they will agree to have them joined for trial.
Under the Election petition rules, there is a provision, allowing the joinder or consolidation of petitions that have been filed, challenging the election result of the same seat.
The petition filed by runner-up Francis Potape went for pre-trial conference today, where Undialu’s lawyer, Goiye Gileng, sought leave of the court to use six witnesses, who are also listed to give evidence in another petition that was filed by third-runner up Dr. Hemia Hewali.
Potape’s lawyer, Paul Othas, was against the application by Undialu, saying the petition filed by Dr Hewali cannot be heard together, because he was the last to be eliminated.
Justice Collin Makail suggested to parties, for them to have the two petitions joined, however that will be made known by parties when the case returns.
In 2012, petitions filed challenging the election of the Kagua-Erave seat, had three petitions filed. All three went for trial before Chief Justice Sir Salamo Injia. Two went through while one was withdrawn at trial, because same grounds were raised by another petitioner.
Potape is alleging irregularities by the Electoral Commission officials on the declaration date.
Undialu was declared on the morning of July 24, by Election Manager, John Tipa.
Potape is alleging Undialu conspired with the election manager, by having a separate set of electoral officials go into the counting room, where they changed the tally sheets prior to declaring Undialu.
(Loop PNG File picture)