Attempt to stop counting

By BEVERLY PETER
WAPENAMANDA MP Rimbink Pato and two other candidates filed an application in the National Court yesterday to stop the counting of six ballot boxes in the electorate.
Independent candidate Justin Bero Sarimbu’s lawyer Nathan Pilamb told the court before Judge Joseph Yagi that they wanted counting to stop because they believed the boxes were tampered with during transportation of ballot papers.
“We have written to Electoral Commissioner Simon Sinai and will now serve the document to his office to allow the process of service to proceed before we move our notice of motion in this matter,” Pilamb said.
He then asked the court to adjourn the case and the court granted it by setting tomorrow for hearing.
Other applicant in the matter was also an independent candidate for Wapenamanda open, Danny Terep Katie.
The defendants named in the proceeding were Wapenamanda open Returning Officer (RO) Kevin Yati, Enga election manager Anton Iamau and Sinai.
The applicants in the matter sought to stop the counting of ballot boxes: Awas box number 01, Tupikore box number 02, Aipanda box number 03, Alubalam box number 08, Takaepos box number 22, and Pombapos box number 22.
Pilamb said they claimed there were some shifting of ballot papers between those boxes and sought to challenge the legality of the election in the electoral.
The applicants further sought to restrain assistant Wapenamanda RO Judi Wasea from performing her duties in the electorate pending the case.
The matter returns tomorrow for hearing.

Air Niugini cancels flights into Goroka due to fights

A GENERAL Election 2022 (GE22)-related fight in Eastern Highlands’ Goroka forced Air Niugini flights to be cancelled on Thursday afternoon and Friday morning.
Commander Superintendent Michael Welly commended the efforts of security personnel, made up of soldiers, Correctional Services men and police for getting the situation under control swiftly.
Welly said supporters and candidates for Daulo arrived by truck-loads in Goroka town demanding to destroy ballot boxes they suspected of containing extra ballot papers, causing panic and fear in Goroka on Thursday.
He said supporters of the two candidates for Unggai-Bena seat in another incident also contributed to Air Niugini to cancel its flights.
“Flights resumed on Friday midday after I had spoken to the candidates and the rowdy supporters were arrested,” he added.
Welly appealed to the people to maintain maturity that the town did not belonged to them only.
“If you want to chase each other and fight, go back to your villages,” he added.
He said any more GE22-related problems brought into town and peace and normalcy disrupted, candidates responsible would be questioned and eventually arrested.

Voters say ‘not enough’ ballot papers at polling

SHORTAGE of ballot papers was experienced in many booths when voting was conducted in Chimbu yesterday.
Many voters raised concern that ballot papers coming to each polling station were fewer than those received in the General Election 2017 (GE17).
Willie Umba, a spokesman for the Twentytoea Market polling station in Kundiawa, described GE22 as a failed election.
“We normally get more than 1,500 ballot papers but how come we are getting 700 ballots.”
Female voter and spokesperson Martha Kaiun said the Electoral Commission failed to exercise separate voting for women as they succumbed to pressures mounted on them by voters.
She wants EC and the Government to introduce a new electoral system.
Chimbu election manager Rev Tom Sine said the ballot papers were evenly distributed according to the common roll.
He said the distribution of ballot papers were done according to the 2017 electoral roll and he did not understand why the voters were complaining about shortages.
Sine said polling teams were placed late yesterday due to logistical constraints.
Sine said polling teams for remote locations in Salt-Nomane-Karamui and Gumine districts were placed and taken away by helicopters while in other districts it was done by vehicles.

Three candidates seeking single counting centre for Wewak

By CLARISSA MOI
THE National Court in Wewak has adjourned a matter filed by three Wewak open candidates seeking to challenge the Electoral Commission’s (EC) decision over multi counting locations in Wewak.
Acting Judge Taunamo Micah Rei yesterday adjourned the matter to the registry after being informed by State lawyer Enoch Manihambu of Supreme Court orders handed down on Friday that set aside the National Court orders which stopped the counting of ballot papers for Wewak.
Manihambu upon instructions from Solicitor-General Tauvasa Tanuvasa appeared in court.
He handed a copy of the Supreme Court’s orders, with an affidavit from State lawyer Troy Mileng who was present in court during the decision.
Raphael Saulep (Independent), Stanley Muts Samban (Papua New Guinea Party) and Jerry Junembary (People’s Transformation Party) had filed applications in the Wewak National Court seeking to compel the EC to arrange a single counting centre.
On July 8, acting Judge Rei had restrained EC to start counting of ballot papers for Wewak until further court orders.
On July 13, a consent order was signed by Saulep, Samban and Junembary without the knowledge and authority of the EC affectively, to have the counting in one location in Wewak.
Following those orders, the Electoral Commissioner Simon Sinai and EC through Tanuvasa filed an urgent application in the Supreme Court on Friday afternoon seeking leave to appeal and to stay those orders.
Tanuvasa submitted that the primary judge had erred in law in failing to give proper consideration to the nature of the case as it concerned the administrative functions of the EC.
“The electoral process must not be interfered with.
“The court must be slow to restrain the Electoral Commission in administering the process.”
Justice Derek Hartshorn said the decisions of the primary judge had affected the functions of the Electoral Commission.
“The Constitution is very clear,” he said.
“EC is not subject to direction or control by any person or authority.”
Justice Hartshorn then granted leave for Sinai and EC to appeal.
Tanuvasa stated that Sinai was not given an opportunity to be heard before the consent orders were endorsed.
Justice Hartshorn said it appeared that the National Court proceeding was incompetent given that there was no evidence that section 5 notice of the Claims By and Against the State Act had not been given to the State before the start of the proceeding.
“To my mind, respondents’ rights will not be affected if the stay sought in this matter is granted.
“For the interest of justice and for the public, the votes of the people that have been cast must proceed into counting as soon as possible.
“It is in the interest of justice that Sinai exercises his power under the Constitution to foresee that the election proceeds as planned.”
The court also ordered Saulep, Samban and Junembary and their servants and agents not to interfere with the electoral process subject to Organic Law on National and Local Level Government Elections.