Recount

The ruling was handed down on Tuesday by Justice David Cannings.

The decision comes following an election petition filed by fourth runner up candidate in the 2017 General Elections, Pastor Bernard Kaku.

Pastor Kaku in his petition asked the court for a recount on the grounds that the returning officer Steven Gore Kaupa failed to complete and determine the results of the counting, by prematurely declaring William Powi as the elected member.

Electoral Commissioner Patilias Gamato is standing by his decision as he says Lae is a neutral ground for the recount to take place.

The Commissioner said the recount venue was challenged by Simbu Governor, Michael Dua, in court.

“The court dismissed his application, so counting will still proceed in Lae as neutral ground,” Gamato said in response to this newsroom.

They have camped outside the Police station, preventing the Electoral Commission from moving the ballot boxes to Lae for counting.

The people of Simbu are yet to receive an official response from Electoral Commissioner, Patilias Gamato, from a petition they presented last Monday, demanding the change of recount venue from Lae to either Jiwaka, Goroka or Mount Hagen.

The National Court ordered the recount to take place outside of Kundiawa town. Disgruntled supporters presented a petition to the election manager in Kundiawa, demanding the change of venue.

Dua however remains Governor of Simbu Province, pending the final result of the recount, which should be presented back to the National Court by February 8, 2019, for ratification.

Kool’s petition alleged illegal practices and errors or omission attributed to counting officials at the counting centre at Dickson oval, Kundiawa, between 7 July and 7 August last year.

Superintendent David Siene Junior said the Court-ordered recount is currently taking place at the Goroka Council Chambers.

He said so far it has been peaceful.

While calling for supporters and candidates to continue to observe the peaceful process, Siene reminds them not to get involved in activities that will disrupt the recount as it could amount to contempt of Court.

“Whatever the results, it is for the Court to make the decision. I don’t expect anyone to make decisions that will have implications on the counting.”

Funds are needed by the commission to run the recount within the timeframe given by the National Court to avoid being in contempt.

Budget submissions have been put to the National Executive Council and the Inter-Department Election Committee.

The Electoral Commission told this newsroom K1.3 million is needed to conduct recount for the Central Bougainville seat.

The National Court gave two months from January 30 to do the recount.

Today, March 5 was the date the court ordered for recount to commence; it should end on or before March 17.

The recount order was issued after the court found that James Yali, who was a parolee when he nominated to contest the election, was not eligible.

The court dismissed Yali's petition that was challenging Peter Yama's election today.

Yali’s conviction and sentence would have finished on 18 December 2017. His inclusion in the election affected the results.

He finished second while Retired Defense Force Commander Major-General Jerry Singirok finished third.

The court however upheld Jerry Singirok’s petition and set aside Yama's election, ordering a recount.

The National Court in Kiunga ordered for a re-count to be done within the next two months for all LLGs in the district, except the ballot boxes for team 26, 27, 28 and 29 from the Nomad LLG.

The orders were made following trial in Kiunga from the petition third runner-up Paiyo Bale filed.

James Donald will remain Member of North Fly Open electorate until the completion of the re-count of ballot papers and presentation of result for approval by the Court.

He has issued an appeal to everyone in the district to remain calm and respect the Court orders.

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.