election petition

Justice David Cannings delivered that the election petitions filed in court against the sitting regional MP will go to trial.

The first ruling was on objections filed by Mr. Pariwa and the PNGEC against Singirok (petitioner), disputing the election of Mr. Pariwa as member for Madang Provincial in the 2022 general election.

 Singirok’s petition contains two (2) grounds of challenge:

Justice Cannings dismissed all eight grounds that Wararu’s lawyers submitted, ruling that they had no merit in law.

“I want to thank and praise God for giving us our third victory in a row. I give all praise and honor to him. I also want to thank my lawyer too,” said Minister Maru.

He said this is the third time that Wararu had lost his election petition against him. Wararu had filed three unsuccessful petitions so far in the three elections - 2012, 2017 and 2022.

Justice Panuel Mogish at 5.30pm on Thursday, July 6th, upheld an objection to competency on the election petition that was taken out by the lawyers for Kapavore and the PNG Electoral Commission (PNGEC), as the second respondent in the matter.

Kapavore’s legal counsel, Sally Tadabe from Mel and Henry Lawyers, said the petition by the plaintiff was based on several grounds, including bribery.

The petition, by Glen Kiso, challenged Ling-Stuckey’s election as Member for Kavieng Open in the 2022 general elections on grounds of bribery, undue influence and illegal practice.

It was dismissed by Judge George Manuhu, who said the petition failed to comply with the mandatory requirement of section 208 (d) of the Organic Law, where the two attesting witnesses are mandated to state their occupations and addresses; the precise section, lot number or street name. Not postal addresses.

Representing the petitioner, Kiso, was Moses Murray from Murray and Associates Lawyers, while the first respondent, Ling-Stuckey, was represented by Ian Shepherd from Ashurst Lawyers, and the second respondent, Electoral Commissioner Simon Sinai, was represented by Serah Kunai from Jema Lawyers.

The petition challenged Ling-Stuckey’s election as Member for Kavieng Open in the 2022 general elections on grounds of bribery, undue influence and illegal practice.

Pariwa through his lawyer, Martin Kombri, wanted to dismiss the petition alleging grounds of abuse of process.

The application was filed arguing that the election petition Rules and the Organic Law were breached when the petition was prepared by the lawyers assisting the petitioner and not by the petitioner (Mr Yama) himself.

A similar application was earlier filed by Pariwa as well raising series of allegations against Yama’s lawyer Ben Lomai of Lomai Attorney but the application was dismissed.

A two-day workshop held in Port Moresby from April 19 to 20^th was facilitated by Deputy Chief Justice Ambeng Kandakasi, Justice Les Gavara-Nanu, Justice Ellenas Batari, Justice David Cannings, Justice Colin Makail and Justice Joseph Yagi.

Twenty four judges and 11 Acting Judges attended the workshop.

Deputy Chief Justice Kandakasi said, “Election 2022 is here and that means, the next five years of the next parliament will be determined by this election.”

They have camped outside the Police station, preventing the Electoral Commission from moving the ballot boxes to Lae for counting.

The people of Simbu are yet to receive an official response from Electoral Commissioner, Patilias Gamato, from a petition they presented last Monday, demanding the change of recount venue from Lae to either Jiwaka, Goroka or Mount Hagen.

The National Court ordered the recount to take place outside of Kundiawa town. Disgruntled supporters presented a petition to the election manager in Kundiawa, demanding the change of venue.

SODELPA, with the National Federation Party, had presented the petition, challenging aspects of the election process.

They planned to call eight witnesses but the court approved only two.

The parties then withdrew the petition.

Mr Rabuka said it was a decision not taken lightly.

He said the parties believed all eight witnesses were crucial to establishing the grounds for the petition.

Justice Ellenas Batari was of the view the grounds presented by Dr Hamiya had no merits.

Dr Hewali Hamiya raised issues in the petition regarding conduct of the election and the lack of scrutiny provided by the Electoral Commission.

He alleged other irregularities of the conduct of the election, like hijacking of ballot boxes, use of excess ballot papers’ errors and omissions; and that the Electoral Commission provided poor scrutiny on the conduct of the election.