Francis Potape

The trial will commence today and run through to July 12, next week Tuesday before Justice George Manuhu.

The matter was supposed to commence on Monday this week but was deferred because Potape had a Provincial Assembly meet in Hela on Tuesday.

The re-trial was ordered after the Supreme Court on July 31 last year quashed Potape's conviction and sentence after a successful appeal.

He said Bando is a good man and deserved the job after acting on the position for a very long time.

However, Potape was disappointed with Bando for his comments on the media.

Bando in today’s National newspaper said one of his job was to be the glue among the political leaders and the people.

However, he said the non-attendance by the Potape faction was not good and got to show that there was still division among the leaders.

Justice Ere Kariko delivered the decision in a packed court room in Port Moresby today.

The same court also ruled that certain actions taken by the assembly to oust the then governor, late Anderson Agiru was null and void.

These actions include a letter dated 14^th December 2015 that served as a notice of calling a Provincial Assembly meeting, another letter dated 22^nd December 2015 to be the motion dismissing the plaintiff as Governor of Hela and other meetings held by Francis Potape and the assembly members.

Law firm Posman Kua Asi, who is representing the late governor who passed on yesterday, indicated they expect the matter before the court will go ahead.

Hela regional member-elect Anderson Agiru died yesterday at the Pacific International Hospital after a long illness.

Agiru’s lawyers maintained he is still the court’s stayed member-elect for Hela until decided by the National Court.

A decision of the case is expected next Wednesday (May 4) however, that will now be subject to the court. The decision was deferred from April 22.

Potape was purportedly elected governor of the province by members of the Hela Provincial Assembly, ousting the Hela Regional Member elect Anderson Agiru.

The matter returned before Justice Ere Kariko yesterday (Thursday) where counsels representing Agiru and Potape presented submissions in court.

Counsel representing Agiru, Greg Egan told the court that the election of Potape failed to comply with section 8(3) of the Hela Provincial Assembly Standing Orders where it was supposed to move the motion “after” seven days.

The application was moved before Justice Sir Bernard Sakora who was sitting as a single Supreme Court judge.

After hearing the lengthy submissions that also saw a lot of documents tendered in court, Justice Sakora adjourned the matter to this morning (Jan 13) to give his ruling.

Potape’s lawyer moved the application on the grounds that MP Anderson Agiru was notified of the meetings of Dec 22 and Dec 29, 2015.

Ame told the court that Agiru was notified of the meeting on Dec 22 and responded.

 Agiru was ousted as governor at a meeting conducted by Francis Potape and other members of the Hela Provincial Assembly on December 29 in Tari.

He returned to the National Court at Waigani this morning to move the notice of motion that was filed on January 4 (yesterday).

However the matter could not proceed any further as the motion was “short served’’ (insufficient notice) to Francis Potape’s lawyer Philip Ame just this morning.

The matter came before Justice Derek Hartshorn.

Potape was referring to a media release in one of the dailies today replacing the presidents.

He said Agiru has no power to replace or reappoint members of the provincial executive council.

"There is a process and way to deal with such issues.