Kandep recount to start

Main Stories

By BOURA GORUKILA
THE recount for the Kandep seat won by Alfred Manase in the 2017 General Election will proceed after his application for leave to file a slip rule application was dismissed yesterday.
His win has been challenged by former MP Don Poyle.
National Court judge Justice Gavara Nanu dismissed the application by Manase because the reasons he provided were not strong enough to make a case.
“There is no likelihood of success if leave is granted because the court is not satisfied,” he said.
Polye later urged Manase to cooperate with the Electoral Commission in the recount as there are only 18 days remaining to complete it.
The Supreme Court last Dec 21 and Jan 15 this year ordered that the recount be completed by Feb 26 and the results returned to court on March 1.
Polye’s lawyer Kipa Maleva told The National outside court that Manase’s application was misconceived.
“When an application seeking leave to make a slip rule application, the requirement is that the applicant has to discharge the obligation of satisfying the court that the slip rule application has a higher chance of succeeding,” Maleva said. “In the view of Justice Nanu, the applicant failed to discharge that requirement.
“The reasons provided by the applicant were not strong enough to make out a strong case that the slip rule application that they were going to file have a strong chance of success.
“So they failed to prove that to the court and they failed to meet the requirement, therefore, the court was not convinced.”