Manase’s case dismissed

By BOURA GORUKILA
A JUDGE has dismissed a case filed by ousted Kandep MP Alfred Manase challenging a recent National Court decision which accepted the result of a recounting of votes for the seat.
After a court-ordered recount, Manase who was declared the MP after the 2017 general election, now loses the seat back to Don Polye who he took the seat from.
Supreme Court judge Justice Theresa Berrigan dismissed Manase’s application for leave to review the lower court’s ruling.
“For an application for leave to review an election petition, the standard of satisfaction must be set rather high,” she said. Justice Berrigan said the decision of the National Court was final and without appeal.
“I am not satisfied that it has been demonstrated that a learned trial judge fell into error,” she said.
“There was no substantive decision on the merits of Manase’s contentions regarding the ballot boxes due to a lack of pleadings.
“Manase has not shown that the learned trial judge erred in finding that the new returning officer was entitled to make his own decision in accordance with section 153A of the Organic Law.”