The National, Monday August 5th, 2013
By ADRIAN MATHIAS
JUSTICE Stephen Kassman has approved an application by John Kaupa to have the Supreme Court review a lower court’s decision that dismissed his election petition.
Kaupa had filed the election petition against the election victory of Labi Amaiu in the Moresby North-East seat.
The petition was dismissed by Justice Don Sawong on April 18 at the National Court. Kaupa filed an application on April 24 requesting the Supreme Court to review Sawong’s decision.
Kassman, sitting as a single Supreme Court judge, said: “Kaupa has made seriously arguable propositions, which with respect in all likelihood, will be upheld.”
He ordered the application for review to be filed within 14 days from last Friday.
Outside court, Kaupa welcomed the court’s decision and urged his supporters to remain calm until the matter was resolved by the court
Kaupa and former MP Andrew Mald had both challenged Amaiu’s victory at the National Court but their petitions were dismissed on competency grounds.
In the Sumkar seat, in Madang, Kassman approved MP Ken Fairweather’s application to have a National Court ruling of June 6 reviewed.
Justice Les Gavara-Nunu had refused Fairweather’s application to dismiss six of the eight grounds of bribery and undue influence against him and others by petitioner Jerry Singirok.
Fairweather argued that the National Court had erred in refusing to dismiss the six remaining grounds in Singirok’s petition, claiming they were all incompetent as they failed to prove that they were likely to affect the result of an election.