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By JOSHUA ARLO
THE National Court will proceed to hear two election petitions by two
former provincial governors against their replacements.
Justice Mark Sevua yesterday dismissed applications by the counsel for
the respondents – Southern Highlands Governor Anderson Agiru and Western
Highlands Governor Tom Olga – for the petitions to be dismissed.
The petition by Hami Yawari against Mr Agiru will return to court later
this month for a pre-trial conference.
Paias Wingti’s petition against Mr Olga will return to court today for a
directions hearing.
Justice Sevua allowed Mr Yawari’s counsel for an extension of time to
serve the petition on the second respondent.
In Mr Wingti’s case, he accepted that service was effected when Mr Olga
filed a notice to appear with his counsel in court.
He said he accepted that service was effected through another party, as
Mr Olga was busy at that time and was beyond the control of the
petitioner because of the circumstances surrounding the situation.
Lawyer Harvey Nii explained that the other documents were served late
because the court registry staff held them back longer than necessary.
“I do not condone nor take responsibility of the registry staff holding
back documents (forms 1 and 2) making it hard for petitioners to
effectively comply with rules 6 and 7 (of the amended Elections
Petitions Rules),” Justice Sevua said in both matters.
Mr Yawari is claiming, amongst other things, that a memorandum of
understanding signed between Mr Agiru and the Electoral Commission 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.
On Wednesday, Justice Sevua threw out a petition challenging Prime
Minister Sir Michael Somare’s election in the East Sepik regional seat.
Petitioner Moses Murray had asked the court to allow his service of the
petition outside of the required 14-day period to be legitimised.
However, Justice Sevua said the application was a serious matter as it
was challenging the will of the people.
“The court cannot be used as a rubber stamp to legitimise wrongdoings,”
he said and dismissed the petition.
 
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