By TREVOR WAHUNE
THE Waigani Supreme Court has ordered Hela Governor Philip Undialu through his lawyer Goiye Gileng to compile a review book by Friday after dismissing an application he filed to variate court orders dated Oct 14, that endorsed Gileng to draft a review book.
The orders, dated Oct 14 by Justice Derek Hartshorn, had endorsed Gileng to file a review book after he appealed against a court ordered recount for the Hela national seat after upholding an election petition filed by candidate Francis Potape that challenged Undialu’s win in the 2017 national elections.
Justice Teresa Berrigan, sitting as a single supreme judge on Friday, made the orders after she also refused a separate application filed by Potape, seeking to dismiss the applications filed by Undialu.
There were two contested applications before the court.
The appellant (Undialu) was seeking that the orders made by justice Hartshorn on Oct 14 be variated through a motion pursuant to Order 11, Rule 25 of the Supreme Court rules, by seeking extension of time, though the review book was supposed to be filed by Oct 28.
The first respondent (Potape) was seeking dismissal of the applicants substantive review application pursuant to Order 5, Rule 37 of the Supreme Court rules on the basis that the applicant failed to comply with the order, and that both applications filed by the appellant be heard together.
However, Justice Berrigan granted orders to rush the substantive review saying that election petitions were not ordinary cases and that special attention should be given to them as a priority and urgency. The court ordered Undialu to compile the review books by Dec 6, and for parties to certify it by Dec 13, after it is filed.
The matter returns to court on Dec 16.
By TREVOR WAHUNE