Court to rule on Enga counting

By BEVERLY PETER
THE National Court will rule today whether to stop the counting of Wapenamanda’s ballot papers in Wabag following incumbent MP Rimbink Pato and two other candidates’ applications.
Lawyer for the plaintiffs (Pato, Justin Bero Sarimbu, and Danny Terep Katie) Nathan Pilamb before Judge Joseph Yagi at Waigani informed the court that Electoral Commissioner (EC) Simon Sinai gave directions on Tuesday to have the ballot boxes moved to Jiwaka for safety reasons.
“Despite Sinai’s direction, Enga election manager Anton Iamau, Wapenamanda open returning officer (RO) Kevin Yati and the officials declined to follow Sinai’s direction and proceed with the counting as of 11am today,” Pilamb said.
He said they sought courts order to verify and make effect Sinai’s decision.
“We are seeking an interim order for court to order for Iamau, Yati and the electoral officials on the ground to follow Sinai’s direction to have the ballot boxes transferred to Jiwaka.
“Sinai directed to have the ballot boxes transferred and proceed scrutinising and counting at Jiwaka due to security issues which the officials must follow,” Pilamb said.
He said election officials, including election managers and RO, were obligated to follow the commissioner’s directions.
“We understand that the EC is not subjected to direction or control by any person or authority and also that the election process should not be interrupted by any powers.
“What we seek now is for the court to exercise its over-ruling powers to warrant justice where it’s necessary,” Pilamb added.
He further said the order they were seeking was not in anyway interrupting the election process but to stop officials on the ground and allow the directions of EC to be followed as it should.
Solicitor-General Tauvasa Tanuvasa, representing EC, opposed the application saying that it was incompetent as the order sought was to intervene electoral process.
Tanuvasa said: “EC supposed to be the one seeking such order to make effect its own directions and not the candidates as in this matter.
“Three of the plaintiffs are candidates and what they are seeking is clearly to intervene in the process.”

Court terminates Trappe’s challenge

MUL-BAIYER MP Koi Trappe’s application to challenge Electoral Commissioner Simon Sinai’s decision to appoint Tommy Kolo as returning officer (RO) for the electorate was discontinued yesterday in the National Court.
Trappe’s lawyer Elizabeth Ngomba told Judge Joseph Yagi that she had a notice of motion on foot.
However, Judge Yagi noted that the application should not be heard because State was consenting to discontinue the proceeding.
Ngomba settled to have the matter discontinued.
Representing Sinai and the Electoral Commission, Solicitor-General Tauvasa Tanuvasa did not object to that application.
Judge Yagi then granted leave to Trappe, through his lawyer, and discontinued the proceeding in its entirety.
Trappe, in his originating summons, filed as a human rights matter, claimed that Kolo had actively engaged himself in politics in association with another candidate in the electorate, Harvey Bill Nii.
Trappe further claimed that the continuation of Kolo as the RO would interrupt Trappe’s rights to be given a reasonable opportunity as a candidate of the electorate to be elected to an elective public office in a genuine and free election.
Trappe sought an order for declaration that Sinai’s decision to appoint Kolo as RO on July 12 was unconstitutional and therefore was null and void, and non-effect.
Tanuvasa said outside of court that his office had sent a letter to Trappe in relation to section 5 notice of the Claims By and Against the State Act, which had not been given to the State before the start of the proceeding.

Pre-marking of ballot rife: Voter

PRE-MARKING first preference of ballot papers in favour of candidates in their own stronghold is rampant in Chimbu polling stations this week.
Concerned voters expressed disappointment over being deprived of their right to vote.
John Wagl, a voter at Waigar polling station, said pre-marking ballots was an electoral offence.
“If the people are given a chance to make own choice of their preference, we the voters will feel satisfied that we cast votes of our choices,” Wagl said.
He said the practice was rampant at all polling areas.
In Sinasina-Yongumugl electorate over 900 ballot papers were allegedly marked in favour of a candidate from a particular area.
Voter Paul Lucas said there was always illegal practices occurring.

Agen’s case adjourned

By VANESSA NIKEN
ACTING Judge Tracy Ganaii yesterday adjourned the rape and assault case against National Capital District regional candidate Robert Agen due to the State’s non-appearance in court.
Ganaii told Agen, 50, of Aregol village, Sinasina-Yongomugl, Chimbu to return for his trial continuation in the Waigani National Court tomorrow after the State sought permission to adjourn the matter with due respect for its appearance before Judge Theresa Berrigan.
“Mr Agen your matter is adjourned because the State is not available in respect to the appearance before Judge Berrigan,” she said.
Agen is charged with four counts of grievous bodily harm and sexual penetration.
Agen is alleged to have committed the offences on April 30, 2018 at Ower’s Corner in Sogeri, Central, against then girlfriend Hennah Alwina Joku (victim). The assault and rape took place after Agen had accused Joku of cheating on him.
Agen is also alleged to have assaulted and raped Joku a second time on Sept 15 that same year after they returned from a fundraising event.
Agen was allegedly drunk at that time and assaulted Joku at a friend’s home in Waigani, Port Moresby.
Agen filed a no-case submission claiming that additional charges were added after he was initially charged with assault.
He said his constitutional rights had been abused and asked the court to dismiss the charges.
Judge Ganaii however refused his application and ordered the trial to continue.
Ganaii also refused a notice filed by Agen’s lawyer John Napu to withdraw from representing his client because he disagreed with the proceedings and wanted to file a Supreme Court reference for interpretation.