Court: Polye to pay cost

THE Waigani National Court has ordered Treasurer Don Polye to meet newspaper advertising costs for publishing the election petition summons filed against him by losing Kandep open candidate, Luke Alfred Manase.
The unexpected scenario stemmed from difficulty faced by Manase’s lawyers to serve court documents to Polye in person.
Justice Colin Makail said several affidavits confirmed there was difficulty in serving the court documents.
“I am satisfied that serious attempts have been made by the petitioner/applicant (Manase) on the first respondent (Polye) but have been unsuccessful,” he said.
Makail had ordered that the documents should be published in both the daily newspapers over the next two days.
The court was told that “it is unknown where the official residence” of Polye was, and failed attempts had been made by Manase’s lawyers to have an audience with Polye.
The court had been informed that there were phone messages left with staff from Polye’s Treasury Department to arrange for the summons to be served but it did not work out.
Under the election petition court rules, a losing candidate can file a petition against a win 40 days after the official declaration and summons are to be served within 14 days after filing it in the Court of Disputed Returns.