Decision on MP’s case to be reviewed

CHIEF Justice Sir Salamo Injia says the bulk of polling places and villages in the Nomad local-level government (LLG) area fall under the North Fly electorate.
Sir Salamo made the ruling in the Waigani Supreme Court and granted leave to North Fly MP James Donald to review the decision of the National Court that ordered for the recount of North fly electorate last Friday.
The National Court decision upheld the competency filed by petitioner Payo Bale, who was a candidate in the election, and declared the election of Donald null and void.
The court informed the lawyers representing the Electoral Commission to advise the commission to withdraw any recount of the North Fly open seat pending the hearing and determination of the stay application on Wednesday.
Sir Salamo said the trial judge did not consider any other information or any other law on the boundary of each of those electorates.
“It appears that the trial judge overlooked section 125 of the Constitution that is particularly relevant in regards to the determination of provincial and open electoral boundaries,” he said.
Section 125 of the Constitution provides for the national Parliament to determine the boundaries by the provincial electorate and open electorate.
Sir Salamo said the parties took it on themselves to make available the information from Parliament House and the court also had access to that information.
“This piece of evidence is admissible and fact, so parties can look at it so they can establish where the boundaries are.
“I appreciate this particular issue is not raised at the lower court but it’s an issue of constitutional significance and there are serious issues relating to polling areas.”
Sir Salamo said the error appeared to have been made by the Electoral Commission.
He said the trial judge correctly identified the main issues in the trial as the root cause of the issues resulting in the counting of the ballot boxes of EP 26, 27, 28, 29 of the North Fly electorate.
The trial judge found that the polling schedule published by the gazettal notice by the Electoral Commission of polling places was overriding the common practice as to which side the people of North Fly voted in past.
The court heard that the polling research showed that majority of the places and villages in Nomad LLG were under the North Fly electorate and only three villages came under the Middle Fly electorate.