Commissioner clarifies Kandep recount situation

ELECTORAL Commissioner Patilias Gamato says he cannot pre-empt the decision of the returning officer (RO) he would appoint for the recount of the Kandep open seat.
Gamato said the court order was clear and dealt with the seven ballot boxes which the judge ruled that the RO would assess and decide whether to count the boxes.
“Order No 4 deals with that (the seven ballot boxes) but that will be left to the RO, whoever I appoint, to conduct the recount to assess and make the decision,” he said.
“I cannot say anything now to pre-empt the RO’s decision.”
Former opposition leader Don Polye said that the seven ballot boxes would be counted but the RO would assess and make a decision if the votes can be counted or not as they were destroyed.
Sitting MP Alfred Manase, however, claimed that the seven boxes that were disputed and set aside would not be counted.
He said the decision would be made on ballot boxes identified damaged or destroyed by the RO and not the seven boxes Polye was referring to.
Polye said the National Court decision that Justice Colin Makail handed down was clear and profoundly easy to execute by the Electoral Commission (EC) and its RO.
He said the first order says the petition is upheld while order two says the second respondent (EC) shall conduct and complete a recount of votes within two months of the order.
Polye said order three stated that the recount of votes should exclude those ballot papers from ballot boxes from Mamal, Mumunt One, Luripak, Yumbis-Karekare and Peliyanjak.
“It must be noted that it is not four ballot boxes as incorrectly stated,” he said.
“The number of ballot boxes excluded by court is five and not four.
“The total number of ballots from five boxes excluded is 4,856.
“This truth is stated on page 13, paragraph 35 of the court order.”
Polye said order number four stated that the ballot boxes identified, damaged or destroyed should be subject of a further decision by the RO at the recount of votes.
“This is a general order giving the returning officer the freedom and flexibility to assess and count the ballots destroyed in the counting room, and other boxes identified as Kandep ballot boxes kept safe and secured, and are available for recount,” he said.
“The court makes references to the destroyed and damaged ballot boxes to mean the seven ballot boxes that were damaged and destroyed by the former deputy RO and counting officials inside the counting room.”
Correcting the misunderstanding, Gamato said that court order number four dealt with the seven boxes that would be assessed by the RO to count or not.