Court to review recount ruling

By DAPHNE WANI
The Supreme Court will review a National Court decision that ordered a recount of the ballot papers for the Madang provincial seat in last year’s general election.
Chief Justice Sir Salamo Injia, sitting as a single Supreme Court judge in Waigani, granted leave to Madang Governor Peter Yama yesterday.
The court upheld Yama’s application to review the National Court decision which ordered the recount and dismissed the petition by losing candidate James Yali.
The National Court on March 1 also upheld the petition by Jerry Singarok on the basis that Yali, who was on parole following a rape conviction, was not qualified to nominate under section 103 (3) (c ) of the Constitution.
The provision concerns the qualification for and disqualification from membership.
The Supreme Court was satisfied that the two grounds of review by Yama on the issue of qualification under the Constitution should be looked at by the full court in the judicial review.
Sir Salamo said the trial judge made an error in the remedy sought because the petitioner – Singarok – sought a by-election and not a recount.
Lawyer Ben Lomai, representing Yama, said the trial judge erred in his decision by consolidating the two election petitions together during the trial. He said that an earlier court ruled against consolidating the two elections petitions by Yali and Singarok.