Court orders recount for Central Bougainville

By TREVOR WAHUNE
The Waigani National Court yesterday ordered a recount for the Central Bougainville open seat after finding errors and omissions in the counting process during the 2017 election.
Justice Lawrence Kangwia found that the returning officer made a declaration for the seat despite a request by the petitioner when the results showed a very slim margin (eight votes) between the petitioner Sam Akoitai and MP Fr Simon Dumarinu. Justice Kangwia told the court that the petitioner’s right as the runner-up to request for a recount before a declaration was provided for under Section170 of the Organic Law.
Dumarinu was named as the first respondent in the election petition and the Electoral Commission the second respondent.
The court found that on July 22, after Jimmy Miringtoro was eliminated at the final exclusion, the petitioner had requested for a recount through his scutineer Mathew Koike, before a declaration would be made.
However, the returning officer failed to act upon the petitioner’s request and threatened to declare the election as failed.
Dumarinu submitted that the petitioner through his scrutineer had failed to request a recount formally but did so through shouting.
But the court was of the view that shouting was genuine because the counting venue was crowded and the petitioner’s scrutineer had done what he could then.
The court found that the returning officer had admitted ignoring the request of the runner up for a recount, and was not aware of the runner up’s (Akoitai) right to request a recount before making a declaration when there were only eight votes separating him and the winner.
Akoitai polled 7277 votes and Dumarinu polled 7285 votes.
Justice Kangwia ordered that the recount be done under a new returning officer and the results finalised before Feb 23.