Michael Kandiu

On June 15 the National Court dismissed the petition Kandiu filed, challenging Powes Parkop’s win as NCD Regional MP.

The petition was found to be incompetent, and that the grounds presented would not affect the result of the election regardless.

He filed an application in the Supreme Court, seeking leave to review that decision of June 15.

11 grounds seeking leave to review that decision were presented before Justice Oagile Key Dinake, who sat as a Singe Supreme Court judge.

The case, which was set for trial today, was further adjourned to Wednesday to allow the Electoral Commission to file the necessary documents.

Lawyer representing the Electoral Commission told Court that they are having trouble obtaining the documents requested by the petitioners.

The documents are locked up in a container.

They consist of the 364 presiding officers’ journals, list of polling schedules, forms 66 A and B showing the 34th and 35th elimination and the list of presiding officers.

Kandiu revealed that he has in his possession evidence of swapped ballot papers and seals of ballot boxes that were cut through.

Kandiu came out in the media yesterday, inviting NCD Governor Parkop to come and receive the election petition which was filed in court on the 05^th of September.

Kandiu came third in the race for the NCD Regional Seat and says the electoral process is systematically rigged and the Electoral Commissioner, Patilias Gamato, should be held responsible.

Andy Bawa, Michael Kandiu and Robert Agen came together in a press conference this morning to stress on this.

“Those who are planning to rig the elections must stop. We don’t want a repeat of past elections. It’s up to the people to decide. The mandate will be given by the people,” said Kandiu.

“Elections are about exercising your democratic right to vote. There mustn’t be ballot papers taken off the streets, trying to hijack the process. That has to stop.

Justice Collin Makail in giving his decision today said Kandiu did not establish that the courts slip or fell into error in its judgment. A slip rule application is when a party seeks the court to revisit its decision after leave is granted to correct any accidental slip or omission in the judgment.

Kandiu who finished third in the 2012 General election in the NCD Regional was asking leave of the Supreme Court allow a re-visit to an earlier Supreme Court judgment of June 23,2015.

The ruling that was to be done by Justice Collin Makail this morning was deferred to a later date after submissions were made on Wednesday.

Kandiu, who finished third in the 2012 General Election in the NCD Regional seat, is asking leave of the Supreme Court to allow a re-visit to an earlier Supreme Court judgment.

If leave is granted, the full court will proceed to hear submissions of the slip rule application. A slip rule application is when a party seeks the court to revisit its decision after leave is granted to correct any accidental slip or omission in the judgment.

Kandiu who finished third in the 2012 General Election in the NCD Regional is asking leave of the Supreme Court to allow a re-visit to an earlier Supreme Court judgment.

If leave is granted, the full court will proceed to hear submissions of the slip rule application. A slip rule application is when a party seeks the court to revisit its decision after leave is granted to correct any accidental slip or omission in the judgment.

Two grounds are being relied on by Kandiu in the application; Bribery and error on the part of the trial judge in one of his finding.