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Sevua to focus on three poll cases before
him
By JOSHUA ARLO
NATIONAL Court judge Justice Mark Sevua has exempted himself from
sitting in any court hearings during Supreme Court week so that he could
preside over three election petitions before him.
The three petitions involved Simbu Regional Seat candidate Dr Clement
Waine, who was granted leave to a trial regarding rejection of his
nomination by the Electoral Commission for being made late; Peter Mision,
contesting for Kandep open seat who is claiming that current Deputy
Prime Minister Don Polye failed to nominate for the election; and Alotau
open seat candidate Simi Mailau, ex-Navy captain-turned merchant who has
taken the Electoral Commission to court for denying him his
constitutional right to stand for public office.
The two later petitions came before Justice Sevua yesterday at the
National Court in Waigani in a directions hearing where Justice Sevua
heard parties and issued directions for a hearing to convene next
Wednesday.
In Mr Mision’s case, his lawyer Philip Ame from Ame Lawyers, informed
the court that eight affidavits of service had been already filed and
served on two of the three respondents but had yet to be served on Mr
Polye.
He was then ordered by Justice Sevua to serve these documents by
Wednesday to Mr Polye’s lawyer.
Counsel for Mr Polye told the court that he was only advised by his
client to find out the status of the proceeding and could not assist
until he received court directions.
Mr Mision, from Kondo Village in Kandep, Enga province, was claiming
that Mr Polye did not nominate for the elections and is demanding that
Mr Polye’s nomination be declared invalid and consequently his name
removed from the ballot and that Mr Polye’s nomination be investigated.
He is also demanding that district returning officer (DRO) be replaced
and, if possible, be criminally prosecuted for compromising the
independent nomination process as set under Section 86 of the Organic
Law on National and Local Level Government Elections.
Two other candidates Alfred Manase and Jimson Sauk also vying for the
same seat have tendered supporting affidavits to support this petition.
Mr Sevua gave directions that Mr Mision provide the defendants with
agreed and disputed facts by today and that the parties must stipulate
on the agreed and disputed facts and discuss a trial date before
returning next week.
 
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