Justice Collin Makail

Justice Collin Makail, when dealing with a number of election-related matters, said most candidates overlook section 153 (a) of the Organic Law on National and Local Level Government elections when disputing ballot boxes during counting.

He told parties involved in two matters disputing ballot boxes in counting in the Hela regional seat, from Koroba-Lake Kopiago area, and the Lae Open seats, to go back, consult the respective returning officers and object the use of the disputed ballot boxes.

These new rules replace the 2002 election petition rules.

By instrument dated the 26 June, 2017, Chief Justice Sir Salamo Injia determined that as of July 3, 2017, the Election Petition rules 2002 ceased.

And pursuant to rule 2(2) of the National Court Election Petition rules 2017, the Chief Justice reappointed Justice Collin Makail as the Judge Administrator of the National Court Elections Track.

A security cost fee of K5000 remains for all election petition matters with a filing fee of K1000.

The Speaker of Parliament, Constitutional Law and Reform Committee, and the Electoral Commission were allowed to be joined as parties today.

Leave was granted by Justice Collin Makail. They join Prime Minister Peter O’Neill who is the first intervener.

Lawyer representing the Speaker was supposed to inform the court today what happens to proposed Bills when Parliament adjourned to go into election.

This did not take place and the Speaker’s lawyer sought an adjournment to next week so he can get proper instructions to inform the court.

The pilots were terminated between Sept 1 and 15 over allegations of misconduct.

Justice Collin Makail of the Waigani National Court will hear submissions on the case on Dec 22.

Justice Makail set the hearing date today for Dec 22 so the matter can be expedited despite the court going into vacation break on Dec 20.

On Oct 7, the National Court stayed the pilots’ termination when it allowed their case to go through for judicial review.

Undialu filed the Supreme Court appeal challenging the order of the lower court that told parties to go back to the Provincial Assembly meet and vote a new governor.

His lawyer, Goiye Gileng, informed the Waigani National Court today that they will proceed with the National Court case instead of the appeal in the Supreme Court.

With the Supreme Court appeal withdrawn and out of the way, his lawyers will now concentrate on the National Court proceeding.

Undialu filed two separate cases before the National and Supreme Court respectively over the Hela Governor seat.

His case was adjourned from Oct 4 after his lawyer Goiye Gileng told the court his client needs more time to consider his next step, following Justice Collin Makail’s comments in the National Court.

On Sept 30, Justice Makail urged Undialu to make up his mind, whether he wants to pursue fighting the Hela Governor seat in the National Court or the Supreme Court.

Undialu filed two different proceedings in different courts on the same issue.

This Provincial Assembly meet will have to be chaired by the Deputy Governor Thomas Potabe as per the Standing Orders of the Hela Provincial Assembly.

The decision came this morning after what seemed like a long, two-hour wait for the Hela provincial leaders in court and their supporters, who gathered outside the Waigani National Court buildings.

Justice Collin Makail in his decision found both the elections of Komo-Margarima MP, Francis Potape, and member Koroba-Lake Kopiagio, Philip Undialu, to the Governor’s post on July 5, were null and void.

Justice Collin Makail of the National Court deferred that decision from Monday afternoon to this morning. Arguments in this case were heard on Aug 25.

The motion filed by Potape also seeks to restrain member Koroba-Lake Kopiagio, Philip Undialu, from acting as Governor.

Undialu was purportedly elected governor by the Provincial Assembly on the morning of July 5 at 10 o’clock while Potape was elected governor at 2pm the same day.

A Provincial Assembly meeting was conducted on June 28 in Hela. This meeting was adjourned to the afternoon of July 5.

Justice Collin Makail heard parties’ arguments in court after he refused an adjournment sought by the first defendant, Member for Koroba-Lake Kopiagio, Philip Undialu.

The court was told that notices were issued for a meeting to be held on June 28 at the Hela Provincial Hall in Tari at 10am. All 13 members of the assembly met there and Francis Potape was nominated in the meeting, which was chaired by Deputy Governor Thomas Potape.