Judge refuses Kandiu’s slip rule application

 By DEMAS TIEN
THE Supreme Court has refused to allow businessman Michael Kandiu’s slip rule application regarding a full court decision that dismissed his application to review an election petition he filed against NCD Governor Powes Parkop.
Justice Collin Makail refused Kandiu’s application for leave yesterday because the court found that he was rehashing his arguments already determined by a full court.
Makail said in order for the court to grant leave for the slip rule application, there must be a genuine fact on misapprehension of law or mistake done by the full court.
Kandiu told reporters outside the court in Waigani yesterday that he would move an application before a full Supreme Court bench.
He said although the general election was next year, he wanted to set  a precedent by addressing the issues he raised.
“I will fight this case not for my own interest but for the interest of the people and the country,” Kandiu said.
“I know there is still a problem or misconception so I will consult my lawyers and if they ask me to go back for a five-man bench, I will definitely do that.”
The Supreme Court that dismissed Kandiu’s review application comprised Justices Makail, Ere Kariko and Peter Toliken.
They upheld the national court decision in an election petition by Kandiu, saying the petition was incompetent before dismissing it.
The national court decision was handed down on March 7, 2014, by Justice Stephen Kassman.
Kandiu filed the election petition on Sep 14, 2012, disputing the election of Parkop based on allegations of bribery, illegal practices committed by Parkop’s officers, errors and omissions committed by the Electoral Commission, and undue influences of Parkop through his officers.
Kandiu finished third with 17,803 votes when he contested for the NCD governor’s seat and Parkop was declared governor with 43,897 votes during the 2012 general election.