Justice Collin Makail

The one filed by retired Defense Force commander, Major-General Jerry Singirok, will be heard by Justice Terrence Higgins from February 8-9.

The second petition, filed by James Yali, will go before the same judge from February 12 and will run for five days.

Justice Collin Makail finalised the trial dates for the second petition today after he refused two preliminary applications by Governor Peter Yama.

Justice Collin Makail ordered the Electoral Commission to ensure the safe return of the ballot boxes back to Mendi. They were moved to the Mt Hagen Police station following disputes in Mendi town over the prolonged counting.

The orders were issued after two petitions that were filed disputing William Powi’s declaration went to court today for ruling regarding a motion Powi filed.

Justice Collin Makail of the Waigani National Court yesterday (Friday) said from observation, it is a unique case as it involves a parolee who contested the election.

He said from past observation, the National Court has been asked to give its opinion on the age and citizenship of parties involved in petitions, but not one involving a parolee.

He made the comments when dealing with two petitions that were filed disputing Peter Yama’s election as Madang Regional MP.

Court of Disputed Returns administration judge, Justice Collin Makail, said the two leaders will have to take responsibility and tell their people and supporters to respect the court process and the election petition in court.

He made the comments when fixing the venue for the election petition trial.

Suggestions were made by Polye’s lawyer to have the trial heard in either Mt Hagen or Mendi due to security reasons however, the judge said there is the National Court facility in Wabag that can be utilised.

Justice Collin Makail said this when setting the trial dates for the hearing of the Simbu Regional seat.

He said the law is there to protect everyone and if an election is disputed, the process of election petitions is there and everyone has to respect it.

Candidates whose election were disputed remain the sitting MP pending the outcome of the trial.

The petition filed by Noah Kool disputing Michael Bogai Dua’s election as Simbu Regional MP was set for five days’ trial, commencing March 12, 2018.

Election petition administration judge, Justice Collin Makail, commended parties in the Maprik Open seat for complying with orders and directions of the court thus far, as he set it for five days’ trial in December.

The petition, filed by Vincent Alois Yangwari challenging John Simon’s win, has been set for December 11-17.

Yangwari is alleging instances of bribery and illegal practices during voting.

Simon will be using 14 witnesses for the trial.

The trial will be held at the Wewak National Court.

Former Speaker of parliament and Finschhafen MP, Theodore Zurenuoc, withdrew the petition he filed against current MP, Rainbo Paita, today.

The petition also filed by runner-up in the Telefomin Open seat, Peter Iwei, against re-elected MP Solan Mirisin, was withdrawn.

These two petitions are among 77 filed in court.

Meanwhile, the legal representation of the Electoral Commission in some petitions filed, continues to disrupt the progress of the cases progressing to directions in prepration for trial.

The Waigani National Court today issued the order after it was satisfied that the Kimininga Police Barracks, where it is currently kept, is not a transparent and secure location.

Election petition presiding Judge, Justice Collin Makail, ruled that apart from Kimininga being a police barracks, the environment does not guarantee the safety of the container, because there was evidence put before court that it does not have a check-point.

The container was initially in Kimininga, where the counting was held but was later moved to the police station.

This was the Waigani National Court’s ruling today on the case surrounding the legal declaration of the Gumine seat in Simbu Province.

The case returned to court today where a ruling was handed down by Justice Collin Makail on the two applications that were moved on August 15, by lawyers representing Gumine MP, Nick Kuman, and Dawa Lucas Dekena.  

Dekena’s lawyer asked the court to restrain Kuman from attending the second parliament sitting, which is tomorrow. At the same time, Kuman’s lawyer also asked the court to dismiss the case, citing an abuse of the court process.

Justice Collin Makail today said the subject of the case, the arrest warrant, was not reviewable and was an abuse of the court process.

In dismissing the judicial review, he said the criminal process and procedures should not be stopped by a civil court or proceeding.

He said the criminal process is about fairness and must ensure it is heard in a reasonable time and no miscarriage of justice.