Kandakasi reluctant to grant safety order

By JULIA DAIA BORE

APPLICATIONS by election petitioners’ lawyers seeking court orders to safeguard witnesses from any harm have been told this week it was not necessary for the order to be granted at this stage of their directional hearings.
“I am reluctant to grant such orders. It may give rise to situations, unless it was for witnesses in trouble spots such as in Southern Highlands or Enga provinces,” Justice Ambeng Kandakasi said yesterday.
The election petitions judge’s comments were directed yesterday to petitioner Andrew Ariako’s lawyer, Camillus Narakobi, who attempted to seek such orders for the safety of his client’s witnesses.
Mr Ariako was petitioning Bogia Open MP John Hickey, where he registered he will present 30 witnesses in support of his petition against Mr Hickey.
He is alleging acts of bribery, undue influence and irregularities in against Mr Hickey (as first respondent) and the Electoral Commission (as second respondent).
The respondents told the court they would provide five to eight witnesses.
Justice Kandakasi, however, said he would grant such orders only at the presentation of the “worst case scenarios”, where there was ample proof of witnesses’ safety being jeopardised.
Justice Kandakasi made these observations both yesterday and on Wednesday when lawyers representing their clients sought orders to ensure their clients’ witnesses were safe-guarded to ensure witnesses were not harassed by the opposing party’s supporters.
On Wednesday, lawyer for petitioner Pila Ninigi also sought similar protection for the petitioner’s witnesses.
However, the judge said the issues on the security of witnesses were law and order-related.
He said the leaders concerned in these election petitions – both the petitioners and the defending MPs – must ensure their supporters uphold law and order during petition proceedings.

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