election petition

Tkatchenko asks court to dismiss petition

This is the first seat that was declared out of the four in the nation’s capital and now the first to go for trial in the Court of Disputed Returns before Justice David Cannings.

Petitioner Samson Kirilyo is challenging Tkatchenko’s election based on the scrutiny process of the Electoral Commission.

The trial commenced with the hearing of two applications, or objections, challenging the competency of the petition.

Tkatchenko’s objection was based on a requirement in the actual filing of the petition.

EC can file objection in Kandep petition

Since the issue was resolved early last month, the Electoral Commission has been seeking leave of the court to file that objection, challenging the competency of petitions late or out of time.

Today, the petition disputing the election of Alfred Manase, as Kandep MP went to court over the same issue.

The Electoral Commission sought leave of the court to file the late objection, challenging the competency of the petition.

VIDEO: SHP Election petition filed

The Election Petition was filed this week. 


Charmaine Poriambep with more 


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Goroka, Abau petitions set for trial

The petition which alleges grounds of errors, omission and irregularities against the Electoral Commission will go for trial at the Goroka National Court.

Kimisopa will be bringing nine witnesses for the trial.

Trial will be held from December 18-22 before the next available judge, the court ordered today.

Two applications filed by Ame as well as the Electoral Commission challenging the competency of the petition will be heard before the trial proceeds.

Trial dates for the Abau Open seat have also been set for December.

This week in court- review

The petition that was filed challenging Member for Moresby South, Justin Tkatchenko’s win has been listed to go for trial.

This is the first election petition, out of the 77 that were initially filed, to have its trial date set in the Court of Disputed Returns.

Filed by Samson Kirilyo, the trial will be heard at Waigani National Court buildings from November 20-24.

Read full story on http://www.looppng.com/png-news/first-election-petition-trial-date-set-68020

First election petition trial date set

This is the first election petition, out of the 77 that were initially filed, to have its trial date set in the Court of Disputed Returns.

Justice Collin Makail set the petition for a week trial next month after it went for pre-trial conference today.

Filed by Samson Kirilyo, the trial will be heard at Waigani National Court buildings from November 20-24.

Returning Officer for the Moresby South electorate, Michael Are, has been summoned to give evidence in the trial, amongst others.

Petition against Marape continues to trial

Marape’s lawyer filed an application, to summarily dismiss one of the two petitions, that was filed against the Minister for Finance and Rural Development.

It was filed after Petitioner, Johnny Pokaya’s lawyers failed to comply with directions of the court, which were issued on September 13, to assist parties prepare themselves for trial.

Pokaya’s lawyer did not comply with orders to file witness statements by October 4, as they were dealing with another interlocutory application by Marape’s lawyers to have the case dismissed.

Petition against Mendani dismissed

The dismissal comes after a preliminary issue was raised in a motion by Mendani’s lawyer, Tony Waisi, regarding the service of the petition by Opa.

The petition was filed by Opa on September 1, however service of the notice was effected on Mendani, by way of a published advertisement, one day late in the Post-Courier.

Opa could not serve the MP within the 14 days’ requirement of the election petition rules.

Instead, he went to the newspaper on the 12th day to have the advertisement put up. The notice was published on the 15th day.

Petition against Lelang alleges bribery

The petition, filed on 14 September by Walter Lunga, alleges two instances of bribery and instances of irregularities and omissions during polling.

Petitioner Lunga claims four ballot boxes had the same hand writing; something they raised objections to during scrutiny.

For bribery, the petitioner is also alleging food exchanges and promises made by Lelang during the election period.

Lunga will be calling 20 witnesses for the trial while Lelang’s lawyer indicated calling 14 witness.

Five bribery allegations against Sir Puka

 Kala filed the petition against third-time MP, Sir Puka Temu.

The case went for directions before Justice Collin Makail, of the Waigani National Court, where two weeks were given to parties to sort their witness statements in preparation for trial.

Sir Puka will also be calling seven witnesses during trial.

Kala is alleging five instances of bribery against sitting MP, Sir Puka.

The Electoral Commission has been given till Oct 4 to produce form 66 A and form 66B, including the electoral roll to lawyers for the petitioner.