Hagen open election petition goes to trial

AN election petition challenging the win of Hagen open by William Duma will proceed to trial following a ruling on objection to competency yesterday at the Waigani National Court.
Justice David Cannings ruled that the petition filed by petitioner James Puk proceed to trial after he found that Duma had failed to plead necessary facts to prove that polling at places alleged to have been mismanaged by officials were conducted properly.
The petition alleged that Duma was responsible for illegal practices, and that he was supported by agents and servants of the electoral commission — the second respondent in the matter.
Puk also alleged that illegal practices were committed in five polling places by Duma’s supporters, agents and servants of the electoral commission where no polling took place.
Puk alleged that when the first reference votes for the five places were counted, it resulted in Duma’s vast lead of first preference votes of 14,695.
The court upheld that Duma and the electoral commission had failed to admit there were 28 ballot boxes for scrutiny which resulted in 18,803 votes lawfully cast but not counted.
Justice Cannings said: “Consequently 18,803 votes have not been counted from these places without valid reasons by the returning officer and the results of the election was likely to be affected.
“The winning margin is 854 ballot papers. 18,803 ballot papers were not counted when the 28 ballot boxes were unilaterally set aside in contravention of sections 151(c), 153A, 154 of the organic law, and section 89 of the regulations Act.
Six grounds of errors and omissions and illegal practices of the petition were struck out. Only one remains.