Alfred Manase

The Supreme Court today refused to allow a Slip Rule application that was filed by sitting Kandep MP, Don Polye to proceed to a hearing.

Polye filed the slip rule application asking the court to revisit its decision of Sept 6, alleging the court fell into error when it issued an order for a re-count.

On May 2, the National Court ordered a count of 5 disputed ballot boxes from the areas of  Lungutenges No.1, Kombros No.1, Kambia No. 1, Maru and Imipaka however the Full court on Sept 6 varied that order, and told the Electoral Commission to conduct a re-count in 30 days.

Meanwhile, Opposition Leader and Kandep MP Don Polye lawyers are trying to ask the Supreme Court to reverse its decision after ordering the recount.   

The Slip Rule application will be heard tomorrow in Port Moresby.

Gamato told Loop PNG that the recount will be of all the 2012 ballot boxes will be held unless the court rules otherwise.

“There is a slip rule application before the Supreme Court but does not stop us from doing the recount, it will continue until the court decides otherwise,” Gamato said.

Polye in a statement said an error by the Returning officer for Kandep Open electorate, Naipata Kier has resulted in the court decision until the counting of the disputed ballot boxes.

There are five disputed ballot boxes which the court ruled for it to be counted.

Polye said he won the Kandep Open electorate by a big margin only to be set aside due to the error by the Electoral Commission and its agents.

“I am just a victim of an error by the Returning Officer.

This follows a successful election petition filed by petitioner Alfred Luke Manase disputing the election of Polye as the duly elected Member of Parliament for the Kandep Open electorate in the 2012 General Election.

The decision came today, more than a year after the trial was conducted in January 2015. 

This means that Polye is no longer a member of parliament.

Justice Joseph Yagi ordered the Electoral Commission to count five ballot boxes that were disputed during the General Elections within 30 days from today.