Candidates ruling mulled

By CLARISSA MOI
THE Supreme Court has reserved its ruling on a special reference filed by former Madang governor James Yali against the disqualification of candidates with criminal convictions by the Electoral Commission (EC).
A three-man bench comprising Chief Justice Sir Gibbs Salika, Justice Joseph Yagi and Justice Ere Kariko after hearing submissions from parties on Friday in Waigani, fixed Aug 29 to hand down the ruling.
Sir Gibbs said constitutional issues were raised during the hearing which required the judges to go through submissions properly and make a ruling.
Former Anglimp-South Waghi candidate Justin Parker was the second applicant in this proceeding.
Other parties as interveners included the Public Prosecutor, Public Solicitor, Electoral Commissioner Simon Sinai, Clerk to Parliament Kala Aufa and the Attorney-General, represented by the Solicitor-General.
On May 31, the Supreme Court ruled that anyone convicted of a crime after June 25, 2002, was not eligible to stand for the general election or remain an MP.
Following that ruling, Sinai revoked Yali’s and Parker’s nominations and disqualified their candidacies. Yali was convicted for rape on Dec 13, 2005 and Parker was jailed 13 years for murder in 2015.
Yali filed this special reference saying the constitutional amendment of section 103 which the EC had relied on to disqualify the convicts was not properly passed and should be revised.
Yali’s lawyer Greg Sheppard said his client had a standing because he had a genuine concern and his rights that were directly affected by the May 31 Supreme Court ruling.
He was a nominated candidate for the General Election 2022 (GE22) for the Madang regional seat whose nomination was accepted by the EC until his disqualification.
Sheppard said Yali was asking the court to clarify that judgment.
Parker’s lawyer Justin Wohenengu said Parker’s motivation was to protect his rights and interests and not for any improper motive of any nature.
Parliament passed Constitutional Amendment No. 24 on electoral reforms in 2002 by introducing section 103(3)(e) of the Constitution which provided for disqualification of MP.
All the interveners submitted that amendment No. 24 came into operation through certification by the speaker on June 25, 2002.
Yali and Parker however argued through their lawyers that the amendment was never certified.

Disputed box will be counted, says Sinai

ELECTORAL Commissioner Simon Sinai has confirmed that the ballot box from Tapend for the Wapenamanda Open seat will be counted after being withheld by the police.
“On July 24, I received information from my officers at the Wabag counting centre that police had intervened and directed that a single box from Tepend for Ward 28 was not to be counted,” he said.
Counting for Wapenamanda began at the Wabag counting centre on July 18 with all boxes accepted – except one.
“I wish to clear the air on certain misinformation circulating about counting for the Wapenamanda Open electorate,” he said.
“The misinformation has caused a lot confusion and seriously undermined the electoral process and my powers as the electoral commissioner to prepare and conduct the general election.”
He was told that police advised everyone in the counting centre including the scrutineers that they had taken the box to the Wabag police station.
He therefore directed Returning Officer Kevin Yati to bring back the box for scrutiny and counting on July 25.
He said the role of the police was only to provide security at the counting centres.
“My directive was copied to the Police Commissioner David Manning and Provincial Police Commander George Kakas,” he said.
“On July 26, I was informed by officers that PPC Kakas was made aware of my directives (dated July 25) but officers continued to insist that the Tepend box be not counted.”
Even after re-affirming his directive a second time, the police continued to refuse to release the box to Yati and officials.
Sinai issued a third directive on Thursday stating that if they continued to disobey him he would declare any resulting declaration invalid.

Police warn of firearms build-up in Mendi

POLICE have warned of a likely build-up of firearms in Mendi town, Southern Highlands.
Assistant Police Commissioner John Kale, in charge of the Highlands Western End, said police intelligence reports also indicated that some losing candidates planned to block the two roads into Mendi from Tente and Kiburu.
Kale said concerns over security was pushing officials to complete the counting of votes quicker.
Security Forces and Electoral Commission officials in Southern Highlands met last week to review strategies to complete counting before Friday.
“Counting in the province is a bit slow.
“So I had a meeting with the Provincial Election Manager Alwynn Jimmy, Quick Response Force commanders, Provincial Police Commander Chief Inspector Daniel Yangen and election officials in the province on how we can fast-track the counting,” Kale said.
“We told the electoral commission officials to speed up counting and they are doing that now.”
Kale urged candidates to work with the security forces and counting officials to ensure counting is completed well before Aug 5.
“I also want the public to refrain from creating unnecessary disturbances during the counting and declaration,” Kale said.

National Court discontinues Kandep stop-counting case

By BEVERLY PETER
A PROCEEDING by Kandep independent candidate Kenlokai Sop Lepen to stop the counting of the electorate’s ballot papers in Jiwaka has been discontinued in the National Court.
Judge Joseph Yagi in Waigani on Friday granted leave to discontinue it following an application by Lepen’s lawyer Joshua Talipan.
Talipan told the court that the order they had sought in the application was that it had no utility anymore because the counting had been completed and a declaration made.
On Wednesday, Talipan withdrew their application to stop the counting as the Electoral Commission (EC) had issued direction a day earlier to cease the counting of the electorate’s ballots in Jiwaka.
However, despite the EC’s directions, the counting continued and the declaration was made later the same day.
Consequently, Talipan orally sought the court’s power to declare Don Polye’s declaration as Kandep MP invalid and null.
Troy Mileng, from the Office of Solicitor-General representing the Electoral Commission, objected to the oral application and said the declaration had already been made and such application could only be properly made before the court by way of an election petition.
Judge Yagi on Wednesday asked Talipan to consider whether the application should proceed further and to inform the court on Friday.
Talipan sought leave to discontinue.
He said they would file an election petition after the return of writs.