‘Court, parlt run apart’

By CLARISSA MOI
SUPREME Court judge Justice Collin Makail says Parliament has its own programme to run while the court has its own programme.
He made the remark yesterday in the Waigani Supreme Court during the case filed by Ialibu-Pangia MP Peter seeking an interpretation of the reconvening of the Parliament today, following the return of 85 of the 118 writs to Government House last Friday for the General Election 2022 (GE22).
Justice Makail said O’Neill’s application was filed under Section 18(1) of the Constitution which required a full Supreme Court hearing.
Chief Justice Sir Gibbs Salika will have to appoint the bench members. O’Neill also asked the court to rule whether the Organic Law on National and Local Level Government Elections allowed the return of writs to be fixed for Friday (Aug 5).
He also sought the court’s interpretation on whether:

• ELECTIONS in electorates where no candidate has been elected by 4pm last Friday be deemed to have failed;
• THE electoral commissioner has the power to extend the deadline for the writs to be retuned beyond (last Friday); and,
• IT is inconsistent with Section 50 of the Constitution for the Electoral Commission not to cause the date for the return of the writs to be further extended to permit the outstanding writs to be returned.

Justice Makail asked why the matter was so urgent that it had to be heard yesterday.
“Will Parliament convene tomorrow (today)?” he said.
“And if it does, it’s beyond our control.”
O’Neill’s lawyer George Kult said the matter was urgent because Parliament was likely to sit today.
Solicitor-General Tauvasa Tanuvasa agreed that Parliament was likely to sit today.
Justice Makail said he was getting the impression “that this application was prompted by current situation”.
“In some places, writs have not been returned,” he said.
“O’Neill’s application concerns the rights of citizens and voters.
Lawyer David Dotaona said the People’s National Congress Party was an interested party to intervene.
Electoral Commissioner Simon Sinai’s lawyer Joppo Simbala also confirmed that Sinai would file an application to intervene.
Justice Makail said to avoid inconveniences, the court would give time for leave applications from interested parties to be filed, served and heard.
“Once we sort the applications to intervene, then we move on to the issue of standing. Just like how court runs its programme, Parliament will run its programme,” he added.
The court will today hear applications to intervene in the case from various interested parties.

Sinai: Allow us to complete the process peacefully

ELECTORAL Commissioner Simon Sinai is appealing to candidates and their scrutineers not to cause any more delays so that remaining writs can be returned by Friday afternoon.
“There are provisions under Organic Law and Supreme Court references that allow for the Electoral Commission to continue to do the work, delivering the writs as and when they finish,” he said.
“I have issued directives to them (election officials) that I would like to see all of these seats completed before Friday.
“Let’s show the people of PNG and the world that we are capable of managing our affairs and capable of running the elections and looking after ourselves.”
Sinai received the writs last weekend from Western, Gulf, Jiwaka and Central Regional, plus Usino-Bundi, Dei and Jimi.
“I am expecting some more to come so (I) am waiting for them to arrive before we can present them as a team to the Governor-General,” he said.
“All provinces in the Highlands have been completed.
“Most provinces in Mamose and Southern have been completed and the New Guinea Islands provinces are all completed.”
Seats yet to be declared include three in the National Capital District, Raicoast and the Madang Regional, Southern Highlands Regional, Chimbu Regional, Sinasina-Yongumugl, Kerowagi and Chuave.

Moresby North-West counting suspended

By LULU MARK
COUNTING for the Moresby North-West electorate was suspended yesterday when the number of votes the scrutineers had did not correspond with the figures on the tally board.
Acting returning officer Dickson Toru said they had reached the seventh elimination yesterday morning when it was discovered the numbers did not match – by two.
“I suspended the elimination,” he said.
“We are recounting the ballot papers.
“We should complete that today (yesterday) and carry on with the elimination.”
Despite the delay, Toru said the declaration of the winner was expected to be made today.
The contenders after the sixth elimination include Lohia Boe Samuel of the Pangu Pati with 16,196 votes and Liberal Party candidate’s Joe Tonde with 11,109 votes.
On fourth and fifth places were independent candidates Isaac Lupari with 6,528 votes and Des Yeninen with 4,392 votes.
The absolute majority is 30,248.
The counting for the electorate started on July 17, with quality checks conducted last week.
Elimination started on Sunday.
He said there were 27 candidates.
The Electoral Commission has approved the counting of three disputed boxes from Ward One.
But the scrutineers disputed this.
Following that, Returning Officer Vincent Manukayasi voluntarily stepped aside.

Parkop asks for court review on regional seat recount

By BEVERLY PETER
NATIONAL Capital District (NCD) incumbent Governor Powes Parkop has asked the court to review the Electoral Commission’s decision to recount the ballot papers for the regional seat.
His lawyer Moses Saka told Judge Joseph Yagi in the National Court yesterday that any recount of ballot papers could only be done after the completion of the counting process.
“According to the law, a recount of ballot papers due to some allegations, should be done after the close of the election process,” Saka said.
He said election manager Kila Ralai and the Electoral Commission (EC) had approved the recounting of the regional ballot papers on July 18.
“That decision to recount is unlawful under Section 170 of the Organic law on National and Local Level Government elections and the court can intervene to allow the election process to run,” he said.
“On the same day, Ralai (refused) to let Parkop’s scrutineers into the counting venues without any good reason.”
Saka further alleged that policemen at the counting centres had been directly interfering in the counting.
“Policemen are supposed to provide security and not to interfere in the work of the counting officials in any way,” he said.
Solicitor-General Tauvasa Tanuvasa representing Ralai, the EC and commissioner Simon Sinai said the application was an abuse of process because it was confusing.
“The leave sought is to challenge Ralai’s decision but if the matter succeeds and proceeds to the substantive matter, Ralai position was for a certain period of time which is about to come to an end,” he said.
“There will not be utility to further this case.”
The matter returns tomorrow for a ruling.