Court refuses Marape’s appeal to dismiss petition


THE Supreme Court on Wednesday refused an application filed by Tari-Pori MP James Marape to review a decision made by a National Court judge.
Justice Derek Hartshorn refused the application that sought orders to review the decision made by Justice Collin Makail at the Court of Disputed Returns on Oct 12.
The decision reached by Justice Makail rejected Marape’s application to dismiss a petition filed against him after he claimed that the petitioner failed to comply with the petition rules.
The court heard that Marape was the applicant in the matter, Johnny Philip Pokaya was the first respondent and the electoral commissioner the second.
Lawyer Robert Leo, representing Marape, said that Justice Hartshorn dismissed the application because it stemmed from an interlocutory ruling from the National Court.
An interlocutory appeal is an appeal of a ruling by a trial court that is made before all claims are resolved as to all parties in the matter before the court.
Leo said that the application was refused after Justice Hartson found that there was no case precedence set in relation to what the application was seeking.
Leo said that his client had two election petitions filed against him,  one set already for trial and other yet to be allocated a trial date.
“A trial date for the election petition filed by Johnny Pokaya is yet to be set,” Leo said.
“But the trial date for the election petition for Justice Haniara has been set for Dec 4.”