|
Court to decide today on 2 election
petitions
By JOSHUA ARLO
NATIONAL Court judge Mark Sevua is expected to decide today whether to
dismiss two election petitions filed against provincial governors Tom
Olga and Anderson Agiru by their predecessors.
The petition against Mr Agiru, who is the governor of Southern
Highlands, was filed by Hami Yawari, while former Western Highlands
governor Paias Wingti filed the other against Mr Olga.
Counsel for Mr Wingti and Mr Olga argued over the issue of
non-compliance of service before Justice Sevua on Tuesday, while in Mr
Yawari’s petition, his counsel Philip Ame was blasted after he asked for
more time to effect service on the second respondent.
He was asked why the issue of non-service was only being made known now
when the parties had advised the court that a total of 115 witnesses
would give evidence either orally or by affidavit.
Justice Sevua sat through five petitions that day.
At one point, Justice Sevua said he would not entertain applications for
more time to comply with the amended election petition rules.
He said lawyers should read up on case laws and be prepared when they
turned up court as it seemed he was wasting his time lecturing lawyers
on how to proceed in court.
“I am sick and tired of lecturing lawyers,” he said.
Justice Sevua also warned lawyers not to become “legal prostitutes” by
representing another party against a former client as it raised issues
of conflict of interest in court.
Mr Yawari is claiming, amongst other things, that a memorandum of
understanding signed between the Electoral Commission and Mr Agiru had
influenced the result of the election for the Southern Highlands
Regional Member.
He is also alleging that polling was not conducted in three areas of the
Hela region.
Mr Wingti has alleged that the ballots for the regional seat were
tampered with during counting.
Both want the court to declare the election of Mr Agiru and Mr Olga null
and void.
Mr Olga’s counsel, Mr Harvey Nii, raised five points in his argument for
the petition by Mr Wingti to be dismissed, which mainly alluded towards
substantial evidence that there was no proper service.
Mr Wingti’s counsel Alfred Manase, argued that service was made through
another party and that there was a receipt of acceptance.
The court should proceed to hear the petition, he said.
Another petition heard was of Alfred Luke Manase against Kandep Open
Member Don Polye, who is the Transport and Works Minister.
Justice Sevua instructed Mr Polye’s counsel, Paulus Dowa, to comply with
earlier orders of Sept 26 by Oct 16 before the returnable date next
month.
 
|
