Court to rule on Tkatchenko, Kassman case

By BEVERLY PETER
THE National Court has reserved rulling on Moresby South MP Justin Tkatchenko’s application to dismiss candidate Charles Kassman’s petition against him.
Tkatchenko’s lawyer Christine Copland moved the application before judge Joseph Yagi at Waigani on Thursday.
Copland said they filed application to dismiss the petition because Kassman had not complied with the court’s directional orders.
“Court has the power under rule 18C of the Election Petition Rules to dismiss the case if the party has not done anything,” she said.
Copland said both the affidavits and witness statements court had directed Kassman to file and serve were not done.
He filed an application to extend the time just when the time court had set for him to serve the documents was about to elapse. Copland argued that ample time had been given to carry out the orders and added that the petition itself had been was filed outside the required 40-day period from the date of declaration.
She said the petitioner’s actions spoke to a competency issue.
“We say the petition should be dismissed with cost because it is the petitioner’s case and he has failed to comply with the court’s orders,” she said. Kassman’s lawyer Ralph Diweni used his notice of motion to extend time in objection to Tkachenko’s application.
Diweni said Kassman had made it clear in his affidavit that he would pursue the case further as the witnesses were informed and ready to testify.
The matter returns on Wednesday (Nov 16) for rulling on both Tkachenko’s application to dismiss and Kassman’s application to extend time.