Court rejects Yama’s request

By CLARISSA MOI
THE National Court has rejected an application filed by former Madang Governor Peter Yama for a restraining order to stop police from entering counting venues, because it is “permanent in nature”.
Waigani-based Judge Joseph Yagi said: “A restraining order if granted will result in halting a very significant constitutional process.”
He added that the order sought was permanent in nature and could not be granted through an interlocutory process, which was by a notice of motion.
“There are many important rights and interests involved in this important process,” he said.
“Among them is the right of the voting population to see that a candidate is elected to represent them in Parliament. There are other candidates contesting the Madang regional seat whose rights will also be affected.”
Counting for the Madang regional seat, which Yama won in 2017, is expected to be completed on Friday. At 5pm yesterday, after Exclusion 17, Ramsey Pariwa was leading on 67,133 votes, Jerry Singirok on 39,102, Yama on 25,248, Benny Panti on 22,272 and Stephen Asivo in 21,724.
Judge Yagi noted that the return of writs had been extended beyond the timeline fixed by the Constitution, and latest extension lapsed with counting yet to be concluded.
He said the need for counting to be concluded quickly was urgent.
“In my view, the balance of convenience does not favour a grant of stay,” he said.
Yama’s claim was that the conduct of police, especially during general elections, should be restricted to providing security and not being in the counting venues.
He also claimed that his scrutineers were harassed and intimidated by police, and had been denied the opportunity to perform their roles during counting.
Yama further claimed that Divisional Commander for Northern Command ACP Peter Guiness, had been personally involved in supervising the counting for Madang regional seat and was having a direct influence on the counting process.
His lawyer Kevin Makeu submitted that Yama was not seeking to interfere with powers and functions of the Electoral Commission but to emphasis the role of the police in only providing security.
Makeu argued that the order was necessary because of the evidence in Yama’s affidavit.
Representing Police Commissioner David Manning, Solicitor-General Tauvasaa Tanuvasa said the balance of convenience did not favour the granting of the restraining order.
Tanuvasa argued that the entire proceeding was incompetent because it seeks to interfere with the powers and functions of the Electoral Commission. Judge Yagi said Yama’s affidavit did not show that Manning had disputed the law as to the powers and functions of the Electoral Commission nor the role of the police in providing security. Or Yama’s right to stand for public office.
“In other words, there is no controversy or dispute over these matters or issues,” he said.
“The facts deposed by Yama in his affidavit much of which are hearsay, are mere opinions and assumptions.”