Court orders recount for Goroka Open seat

The National National

By TREVOR WAHUNE
The Waigani National Court yesterday ordered a recount of the votes for the Goroka Open seat collected in last year’s general election.
Judge Les Gavara-Nanu yesterday upheld the petition by Bire Kimisopa against Goroka MP Henry Ame and the Electoral Commission concerning errors and omissions in last year’s general elections.
The court found errors and omissions by the Electoral Commission, where 775 ballot papers where misplaced between the Regional and Open seat boxes.
Justice Gavara-Nanu upheld evidence by the petitioner that there was a lack of awareness of the limited preferential voting (LPV) system for scrutineers, candidates and the counting officers during the election.
He found evidence that the returning officer was absent from the counting room during most of the counting sessions, and provided no medical reports for his medical condition. Instead he was found organising other things apart from his duty.
The court found there was also an armed security officer at the counting room, which affected the scrutiny process.
Justice Gavara-Nanu ordered that:

  • The 775 ballot papers misplaced be declared informal;
  • The recount start from exclusions 1-28;
  • Since a timeframe for the recount was yet to be confirmed, orders were made for the police commander Eastern Highlands to keep all ballot papers;
  • A new team of counting officials to conduct the recount; and
  • Since the electoral commission was at fault, it pays for the cost of the petitioner and the sitting MP.

Kimisopa said outside court the decision was very forthright in terms of its interpretation of the Organic Law on local government and national elections.