Kaupa files for review of petition ruling

 By ADRIAN MATHIAS

THE runner-up of Moresby Northeast seat John Kaupa filed a review application on Monday following a National Court decision last week that dismissed his election petition against sitting MP and Vice-Minister of Sports and Pacific Games, Labi Amaiu.

Kaupa’s petition was dismissed last Thursday by Justice Don Sawong who ruled that it was incompetent for the following reasons:

l The grounds the petition set out did not plead material facts as required by section 208 (a) of the Organic Law on national and local level government elections;

l The petition contained alternative grounds or pleadings, which was not permissible; and 

l The petition did not plead relevant facts in support of the relief claimed.

Kaupa said he filed a review application yesterday on the basis that the 12 boxes, which were excluded during counting, could have affected the final election result, had they been counted as the boxes contained about 9,700 votes from Ward 6, which was his base vote area.

He said he was filing a review application on the decision of the National Court because he did not want his case to be seen as a precedence for future elections in the country and also for the sake of natural justice to prevail.

Sawong upheld objections by the Electoral Commission and Amaiu to competency and dismissed Kaupa’s petition last week.

He added that the petitioner had pleaded alternative grounds in the petition but the court has no power to admit them as it would amount to an amendment of the petition.