Appeal by MP refused

 THE Supreme Court has refused to dismiss an application for leave for judicial review filed by Ijivitari MP David Arore over an election petition. 

Arore filed the leave for the judicial review application challenging the National Court’s decision to declare a by-election after finding him guilty of the illegal practice of bribery in the 2012 general election. 

Justice Colin Makail, presiding as a single judge in Waigani last Friday, said this was an important case and parties should be heard on Arore’s application for leave for review. 

Makail said it was clear that the producing of the transcript of the National Court proceedings was beyond Arore’s control.

Makail said he was not satisfied that this was a case where Arore sat on his right or had done nothing to progress the matter. 

There was no legal representation by the Electoral Commission. 

Parties return to court on Friday for Arore to move his application for leave for judicial review. 

The National Court on May 29 upheld a petition filed by losing candidate John Warasin and declared the election of Arore void.

Warasin had filed his election petition disputing the election for the Ijivitari open seat, alleging acts of bribery against Arore. 

The election petition trial was presided over by Justice Sir Bernard Sakora in June at Popondetta and took two days. 

Arore’s lawyer John Napu told the court last Friday that he was still waiting for the Court Reporting Services to release the 400 page transcript of the proceedings in the National Court. 

Napu said he had done all he could to obtain the transcript. He said there was no written judgment of the election petition decision because the court gave an oral decision. 

Warasin’s lawyer Philip Wariniki then moved an application to have Arore’s application for leave for review dismissed because it had failed to comply with the Supreme Court rules. 

The Supreme Court rules, among others required, an applicant to annex a copy of the judgment or court order of the proceeding subject for review. 

Makail, in his ruling, said he was mindful of the many requests by parties to the court reporting services for transcripts of court proceedings.