By DEMAS TIEN
KOMO-Margarima MP Francis Potape has filed a motion to dismiss an earlier motion filed by Koroba-Lake Kopiago MP Philip Undialu to restrain him (Potape) from performing his functions and duties as Hela governor.
Potape, now acting as Hela governor, filed the motion on Sept 30.
His lawyer Philip Ame mentioned the motion yesterday at the Waigani National Court before Justice Colin Makail.
Undialu’s lawyer Goiye Gileng, from Posman Kua Aisi Lawyers, said he needed time to consider the court’s comments made last Friday regarding which matter his client would pursue.
Justice Makail said last Friday that there was an appeal in the Supreme Court filed by Undialu which raised same issues as the originating summons he was pursuing in the national court.
Justice Makail told Undialu’s lawyer (who appeared last Friday) to decide whether to pursue the appeal or the originating summons.
Gileng told the court yesterday that he had just resumed work after a two-week sick leave and was informed about the court’s comments.
Gileng asked the court for an adjournment to consider which matter to pursue.
The court adjourned the case to Tuesday.
Potape’s motion was also adjourned to the same day.
Undialu filed the appeal in the Supreme Court because he was aggrieved by a decision of Justice Makail on Sept 6, which among others, ordered that the election of Undialu on July 5 as Hela governor was null and void and of no effect.
He filed the originating summons in the national court on Sept 15 after nine members of the provincial assembly met in Tari on Sept 13 and elected Potape as governor.
He also filed a motion in the originating summons proceeding, seeking interim orders to effectively restrain Potape from performing the duties and functions of Hela governor, pending the originating summons.
By DEMAS TIEN