Yama’s case set for next month

National

By DEMAS TIEN
A CONTEMPT application filed against former Electoral Commissioner Andrew Trawen, returning officer Simon Sinai and lawyer Harvey Nii is scheduled for trial next month.
The application was filed by former MP and Madang businessman Peter Yama in relation to a judicial recount of the Madang open by-election in 2014.
Justice Colin Makail fixed a two-day trial for the contempt application on Dec 19-20.
Yama, through his lawyer Ben Lomai, informed the court that they had 12 witnesses, including two officers from the Electoral Commission.
He said the two officers compiled the data for the by-election.
He said all the affidavits had been filed in court.
The court was told that the defendants would be calling three witnesses.
The lawyer for the defendants was not in court yesterday.
Allegations against Trawen, Sinai and Nii were that they misled the court with wrong results when the court was dealing with an election petition filed by Yama challenging the election of current Madang open MP Nixon Duban.
The orders that the contempt application arose were made by Justice Sir Bernard Sakora on Aug 6, 2014 and Sept 12, 2014, leading to an order for a recount following an election petition filed by Yama.
The contempt application was filed on Sept 26, 2014.
Yama filed an affidavit in court which included a final print-out of the election results from the Electoral Commission indicating that he had led the election by 16,654 votes while Duban was on 15,002 votes.
Yama claimed that the result that was presented to the court earlier was the wrong result.
A two-day trial for the contempt application is scheduled for Dec 19-20.

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