The National, Wednesday November 6th, 2013
By CHARLES MOI
THE Supreme Court has allowed an election petition, filed by Dr Bob Danaya, to be reinstated and remitted to the National Court.
It follows the dismissal earlier by the National Court of the election petition by Danaya regarding the win by Western Governor Ati Wobiro during last year’s general election.
It now means that Danaya’s election petition against Wobiro will be reinstated and remitted to the judge administrator of election petitions in the National Court.
Justice David Cannings handed down the Supreme Court decision on behalf of the three-man bench comprising himself, Justice Don Sawong and Justice Goodwin Poole on Monday in Waigani.
They ruled that the judge in the lower court had erred in finding the attesting witness’s statement incorrect.
They ruled that the requirements of Section 208 (d) of the Organic Law were not complied with.
Danaya, who was the former governor for Western, applied for a review of the decision of the National Court to dismiss his petition.
National Court judge Justice Derek Hartshorn had upheld objections by Wobiro and the Electoral Commission, as to the competency of the petition. He had dismissed Danaya’s petition in its entirety.