The National, Monday July 22nd, 2013
AN objection to competency application filed in the National Court for the Samarai-Murua open seat has been adjourned generally pending the Supreme Court review on the issue of attestation by witnesses.
The competency application by MP Gordon Wesley, represented by Tiffany Twivey of Twivey Lawyers, came before Deputy Chief Justice Gibbs Salika but could not proceed to hearing last Thursday as the same issues, among them, an attestation issue, was under review in Supreme Court.
Wesley’s election victory was disputed by petitioner Isi Henry Leonard.
In his ruling on whether the matter should proceed with the objection to competency hearing in the National Court, Salika said there were differing views being given by the National Court and Supreme Court in relation to election petition cases.
He said the Usino-Bundi electorate in Madang was a classic example of differing views being given by the National Court and Supreme Court, where the National Court was ordering a recount of votes while the Supreme Court was saying otherwise.
He said the differing views between the National Court and the Supreme Court were contributing to delay, where issues surrounding election petition cases were not resolved or put to rest.
Salika adjourned the objection to competency application generally and advised Twivey and Mawa that he would deal with it after the Supreme Court had dealt with the issues.