Court drops EC’s stay application

By BOURA GORUKILA
THE Supreme Court has dismissed an application by the PNG Electoral Commission (EC) to stay the trial of a Southern Highlands election petition matter.
Chief Justice Sir Gibbs Salika, heading a three-men bench comprising of himself, Justice Gavara Nanu and Justice George Manuhu, in delivering their ruling said as leave had not been granted there was no reason for a stay to be granted.
Sir Gibbs dismissed the application for the stay of the trial matter in the election petition of Ps Bernard Kaku, the EC and Southern Highlands Governor William Powi.
The application was filed by EC seeking directions to remedy the lack of provisions in the rules relating to the manner for the filling and moving of an application for stay pending hearing of a slip rule application and to stay the trial pending the hearing and determination of an application for leave for a slip rule application.
Sir Gibbs, however, said an application for leave on a slip rule application did not have an automatic right to be heard on a slip application.
“The Electoral Commission (applicant) needs to obtain leave before being allowed to argue the merits of its substantive application,” he said.
“Order 11, Rule 33, appears to require leave to be obtained prior to a stay application.
“Order 11, Rule 32 (3), requires leave to be granted for slip rule application.
“In this case, no leave for a slip rule application has been granted.
“In the interest of justice, we consider this application to be an abuse of the court process.
“We order the application filed dismissed.
Powi and Ps Kaku were contestants in the last national elections for the province’s regional seat.