Kapris takes fight to higher court

 By ELIAS NANAU

GABRIEL Kapris (pictured), the former MP for Maprik open in East Sepik, has been given another opportunity to challenge John Simon’s election victory, this time in the Supreme Court.

Chief Justice Sir Salamo Injia granted the leave yesterday.

He said he was satisfied with Kapris’ grounds of undue influence which concerned the law being overlooked.

Sir Salamo declined to grant Kapris his review ground on bribery.

He said the pleadings failed to state whether the electors, who allegedly received money from Simon’s officials, were from the Maprik open electorate or not and the statements did not plead the date, time or place.

“Facts must be read as a whole,” Sir Salamo said. “The essence of the case is whether the first respondent (Simon) committed himself.”

He said if Simon did commit it himself or had he authorised his agents, then the matter could be tested but should be pleaded with important facts.

“The important part of law was not broken,” Sir Salamo said.

Kapris’ court challenge filed in the Supreme Court to review was a surprise to Simon following a public announcement in Wewak that Kapris would not appeal after Justice Allan David ruled that the petition was incompetent.

When it turned out otherwise in Port Moresby, Simon had to face Justice Stephen Kassman without a lawyer, and he asked for an adjournment to secure one.