Wingti wins recount
By JAMES APA GUMUNO
FORMER prime minister Paias Wingti won himself a chance to wrestle the governorship of the Western Highlands province from his successor Tom Olga when the National Court last Friday ordered a recount of all the provincial ballot boxes.
The order includes the recount of ballot papers in the five contentious ballot boxes which were not counted when Mr Olga polled 141,286 to Mr Wingti’s 137,981. It was alleged at the trial that the uncounted boxes contained 3,181 votes.
Justice David Cannings castigated provincial return officer Kala Rawali and said the latter had “abdicated his responsibility” under the law to Open returning officers and did not give any reason for rejecting the counting of five ballot boxes.
Justice Cannings further ordered that Governor Olga would remain in office until the recount was completed.
Mr Wingti disputed the election of Mr Olga on three grounds, which were filed last Sept 14 at the Waigani National Court.
He alleged errors and omissions by the electoral officials resulting in the failure to count the five ballot boxes; that illegal and improper practices by electoral officials and security personnel resulted in Mr Olga’s tally being inflated by about 5,000 votes; and, that irregular and improper practices by electoral officials and scrutineers for some candidates resulted in about 2,000 votes cast for Mr Wingti being allocated to Mr Olga.
Mr Wingti later withdrew the third ground of his petition.
The National Court in granting Mr Wingti his two grounds, ordered that the recount must start on or before April 14 this year at the Kapal Haus, the provincial headquarter building and finished on or before April 28.
He said the results must be presented to the National Court for ratification at a hearing on or before May 5.
Election manager for Eastern Highlands Jimmy Alwyn was appointed by the court to select counting officials and control the counting.
He would be assisted by election managers for Simbu and Enga.
The court also ordered that the Registrar of the National Court refund K5,000 security cost posted by the petitioner, within 14-days, pursuant to Section 209 of the Organic Law after this order.
The court found the Electoral Commission officials in error in rejecting counting of the five ballot boxes from Mala 2, (ballot boxes No. 0135 and 0316) which were said to have contained 1,159 votes, two boxes from Korkum 2 (No. 0458 and 0460), 600 votes, and, one ballot box from Keltiga (No. 0386), said to have contained 1,422 votes.
The court also found that there were material discrepancies in the tally sheets at the counting centre, inadequate control and security of ballot paper, and errors made with the late counting of three disputed ballot boxes
Justice Cannings said in his 69-page judgment that if a candidate or polling officer objected to a ballot from being counted, the returning officer must address his or her mind to the objection, subjected to the direction by the Electoral Commission to admit or refuse.
Justice Cannings said that the returning officer must document the objection, record the decision making process and clearly state what opinion has been formed and give the reasons for forming that opinion.
He said that the returning officer is responsible for conducting the scrutiny at a counting centre, maintain peace, good order, ensure adequate control and security of the ballot papers so as to preserve the integrity of the scrutiny, and, produce a reliable result.
He said that in this case, the provincial returning officer (Mr Rawali) erred by failing to exercise the discretion conferred on him by the Organic Law.
Justice Cannings said that instead, Mr Rawali abdicated responsibility to the Open returning officers and failed to document the decision made under Section 153A and provide reasons for his decision.
Furthermore, he said that there was insufficient evidence to conclude that the five contentious ballot boxes should be rejected.
A total of 639 regional ballot boxes were counted following the elections.
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