election petition

Jimi Open petition fails to meet requirements

The petition disputing Wake Goi’s election as Jimi MP was thrown out of the Waigani National Court on Friday.

Justice Ellenas Batari found the petition incompetent because petitioner Mai Dop failed to comply with Form 1 of the 2017 election petition rules.

That form should contain details (name, occupation and address) of two attesting witnesses when the petition is filed in court disputing an election.

Maprik petition challenged

Justice Derek Hartshorn heard submissions from lawyers representing John Simon and the Electoral Commission and reserved his ruling for a later date.

Petitioner and lawyer, Vincent Alois Hamiya, who finished fourth in the election race, is alleging numerous instances of bribery and illegal practice by successful candidate Simon.

He filed the petition on 30 August last year. Simon was declared on 22 July.

The court was addressed on two motions challenging that petition today.

Petition against Wong dismissed

Justice Collin Makail dismissed the petition on Thursday because the petitioner, former MP Malakai Tabar, did not establish a case for Wong to respond.

The dismissal came after Wong’s no-case submission was successful in court.  

On Wednesday, the court ruled out one of the three allegations in the petition after it was found to be incompetent.

The trial proceeded on Thursday with the two remaining allegations of bribery. Evidence was called in by the petitioner.

Court to decide if Hela petitions will survive

Justice Ellenas Batari, over the last two days, heard submissions over objections challenging the competency of the two petitions that Francis Potape and Dr Hewali Hemia filed.

After lengthy submissions today, he reserved his ruling to next week.

If the petitions survive, the matters will proceed to the next stage, which will see evidence being called by the petitioners in separate hearings. 

Witness in Hela petition given till tomorrow

Chief Sergeant Mike Imara and lawyer John Ole were summoned by Francis Potape to appear for the petition hearing, which commenced today. Only Ole was present in court.

Trial Judge Justice Ellenas Batari gave the officer until Friday morning to appear in court or a bench warrant will be issued.

The two joined petitions challenging Philip Undialu’s election as Hela Regional member went to court this morning for parties to sort out preliminary issues. Among these were the summons and other motions.

Petitioner alleges 500 missing names from roll

The Returning Officer for the Usino-Bundi seat, Goi Damud, Madang Provincial Election Manager Peter Yasaro, Ramu Sugar police station commander Patrick Walis and one of his officers have been summoned to appear at the trial.

The 15-day trial will commence February 12 and run through to March 2 at the Madang National Court.

Former MP Anton Francis Yagama filed the petition on grounds of bribery and errors and omission. He is also disputing the 2017 electoral roll used in the election.

102 to be summoned in Yangoru-Saussia petition

The two-month trial will run from August 1 to September 28 at the Wewak National Court.

Petitioner Peter Wararu Waranaka appeared in person today and informed the Waigani National Court that a video will also be presented as evidence when the petition goes for hearing.

He is alleging instances of bribery against re-elected member Richard Maru and instances of errors and omission at counting against the Electoral Commission.

Waranaka has also filed a review that is pending before the Supreme Court. The review is still in its leave stages.

Petitions over NCD Regional seat joined

The Election petition trial has been set for hearing for the whole month of June, commencing June 1, 2018.

The two petitions combined for hearing were filed by Michal Kandiu and Andy Bawa, on grounds of errors and omission against the Electoral Commission during the polling at different locations, counting and scrutiny process.

Bawa and Kandiu’s lawyers proposed the consolidation of the petitions which was allowed and ordered accordingly by the court.

Petition against Sungi dismissed

Kumbakor filed the petition on August 30, disputing Joe Sungi's re-election as Nuku MP.

Sungi was declared member elect on July 20th.

His lawyer filed a motion, objecting the petition saying it was incompetent because it was filed late.

The two issues brought to court in that motion was that two public holidays fell between that period of declaration and the date the petition was filed.

The public holidays were Remembrance and Repentance day respectively. 

Kaupa goes to Supreme Court regarding petition

His lawyer, John Napu, will be seeking leave of the court today to review the decision of November 16, which allowed the petition to stay alive in the Court of Disputed Returns.

Kaupa filed a motion on Oct 18 seeking dismissal of the entire proceeding, claiming the petition was filed one day late.

The National Court ruled the petition was filed within the 40-day period after the declaration date and was on time.

The court said the public holiday on August 24 (National Repentance Day) does not affect the calculation as the petition was filed on the 40th day.