Court orders recount for Kandep open seat

THE Waigani National Court has ordered a recount of the Kandep open seat after it upheld a petition filed by candidate Don Polye challenging MP Alfred Manase’s win in the 2017 general election.
Justice Colin Makail made the order yesterday after finding errors and omissions caused by the electoral commission, the second respondent in the matter.
“The errors and omissions caused by the electoral commission in failing to provide adequate security personnel or putting in place adequate security measures to safeguard or protect the integrity of the ballot boxes from being compromised must be a serious breach of the voters’ right to vote and must be held accountable,” Justice Makail said.
Polye’s allegations that survived an objection to competency were:

• Bribery by the first respondent (Manase) at Rugutengesa, ward 28, Kandep rural local level government;
  Failure to provide security at polling venues: Mamal, ward 12, Wage LLG; Mumut one, Ward two, Kandep rural LLG; Iuripak, ward three, Kandep rural LLG; Yumbis-Karekare, ward 20, Wage Rural LLG; and Peliyanjak, ward 20, Wage local level government;
• failure to conduct scrutiny of votes at counting process;
• counting of hijacked ballot box at Wapi Village, ward two;
• apprehension of bias by the returning officer, Ben Besawe; and
• Errors and omissions at the counting process.
  All allegations were dismissed except for allegations two and six.
  Justice Makail held that evidence showed that 4,856 votes were affected by failure of the electoral commission to provide adequate security by restrictions of inspections of ballot papers by scrutineers, rejecting objections by scrutineers, placing of ballot papers in the tray of wrong candidates and rejecting of candidate’s scrutineers from the counting area.
  “1,011 votes in Mamal, 531 in Mumunt, 734 in Iuripak, 1617 in Karekare, and 963 in Peliyanjak – the winning margin pleaded in the petition was 3004 votes,” Justice Makail said.
  “The figure 4,856 votes affected is over and above the winning margin and therefore the errors and omissions did affect the result of the election.”
  The court ordered that recount be completed within two months and the final result be presented to court on Sept 6, the recount of votes to exclude those ballot boxes from Mamal, Mumunt one, Iuripak, Yumbis-Karakare, and Peliyanjak; the ballot boxes identified as damaged or destroyed be subject of a further decision by the new returning officer at the recount of votes, the recount to be counted at a venue to be fixed by the returning officer outside Enga and that Manase be in office to maintain status quo until then.