Kandep open seat

The Waigani National Court on Tuesday evening refused an application by incumbent Kandep MP, Don Polye, to have Besawe replaced.

Polye's lawyer asked the court to order Electoral Commissioner Patilias Gamato to have the RO replaced after he did not proceed with counting on Monday, following the beefing up of police at the counting venue.

They also asked if orders can be issued for seven disputed ballot boxes to be counted.

The application was refused because the court said Polye's evidence was hearsay as he was not in the counting venue.

The Supreme Court today refused to allow a Slip Rule application that was filed by sitting Kandep MP, Don Polye to proceed to a hearing.

Polye filed the slip rule application asking the court to revisit its decision of Sept 6, alleging the court fell into error when it issued an order for a re-count.

On May 2, the National Court ordered a count of 5 disputed ballot boxes from the areas of  Lungutenges No.1, Kombros No.1, Kambia No. 1, Maru and Imipaka however the Full court on Sept 6 varied that order, and told the Electoral Commission to conduct a re-count in 30 days.

Parties in the trial appeared before Justices Allan David, Jacinta Murray and Frazer Pitpit for hearing however could not proceed further as the consolidated review books did not contain a court transcript.

The court issued direction to the Court reporting services to produce that transcript by Friday this week so it can be filed in the review books. The matter returned to court on Aug 23.

The consolidated Election Petition Reviews were filed by political rivals, Don Polye and Alfred Luke Manase. Both contested for the Kandep open seat in the 2012 General Elections.

The two Supreme Court election petition reviews filed by Don Polye and Alfred Luke Manase will return for directions before a Single judge. Review books will now be settled in preparation for the substantive hearing. A date will be set for that hearing on Monday.

On Friday a three-judge Supreme Court bench consisting of Justices Allan David, Jacinta Murray and Frazer Pitpit handed down their decisions on four preliminary applications filed by applicants in the two reviews.

Each party in the case filed two applications that were ruled on yesterday (Friday July 8).

The Supreme Court will hear and determine the consolidated review that has four applications filed before it proceeds to hearing the substantive issue. Each party in the case has filed two applications.

The matter came for directions today where Chief Justice, Sir Salamo Injia directed Supreme Court registry to prepare the appeal books.

Parties are expected to file extracts of arguments by next Monday (June 26).