By-election for Sohe

By GEORGINA KOREI
THE Supreme Court has ordered a by-election for the Sohe Open seat in Northern, upholding a National Court decision in January which declared MP Henry Amuli’s election victory null and void.
On Friday, a three-man Supreme Court bench consisting of Justice David Cannings, Justice Paul Tusais and Justice Robert Lee Lindsay, upheld the National Court decision in January by then acting judge Emm Wurr, on the election petition filed by candidate Delailah Gore.
Pangu Pati’s Amuli polled 8,461 votes to beat People’s National Congress’ Gore on 6,436 in General Election 2022. Gore disputed the validity of Amuli’s victory in an election petition.
There were four grounds for the petition. Grounds one and two, which alleged that Amuli had committed bribery, were abandoned during the trial.
Grounds three and four, alleging that bribery was committed by another person with Amuli’s knowledge and authority, went to trial.
After a two-week trial at the National Court in Popondetta presided by then acting Judge Wurr, grounds three and four were upheld.
Justice Cannings ordered that the application for review by Amuli be refused.
“The order of the National Court of Jan 24, 2023 in Election Petition No. 38 of 2022 is affirmed,” he said.
“The order of the Supreme Court of June 8, 2023 staying the enforcement of the National Court decision of Jan 24 and allowing Amuli to resume official duties as Member for Sohe Open, is dissolved.”
He ordered the Court Registrar to forward a copy of the judgement and order of the court to the Clerk of Parliament.
“Amuli shall be subject to any costs orders made during these proceedings, pay to the petitioner (Gore) costs of the proceedings, on a party-party basis, which shall if not agreed, be taxed,” he ordered.
Justice Cannings said the trial judge did not put the onus of proof on Amuli and made no error of fact or law in finding that his campaign co-ordinator told a person to whom he gave K20 that he voted for him and upholding ground four of the petition.
“The trial judge found that bribery was committed on three occasions with the knowledge and authority of Amuli, it was not necessary for the court to be satisfied that the result of the election was likely to be affected by the bribery and that was just that the election be declared void,” he said.
On Jan 24, in the National Court in Waigani, acting Judge Wurr ordered a by-election for Sohe Open after finding Amuli’s victory in the general election null and void.