Polye remains until review

The National, Wednesday July 20th, 2016

A consolidated review application filed by Kandep MP Don Polye and Alfred Manase regarding an election petition decision in the national court is set for a two-day hearing next month.
Lawyer Paulus Dowa, representing Polye, presented a draft consolidated index of the review book to the court  in Waigani yesterday.
Chief Justice Sir Salamo Injia endorsed the draft index and told Polye and Manase to prepare and file a consolidated review book in accordance with the draft index within three weeks.
Sir Salamo told parties, which included the Electoral Commission, to file their extract of arguments by Aug 12 before the consolidated review applications is heard on Aug 15-16.
The consolidated review applications arose from the election petition filed by Manase which was determined on May 2 by Justice Joseph Yagi at the Waigani National Court.
Justice Yagi upheld a ground in the election petition relating to five disputed ballot boxes that were rejected by the retaining officer, and ordered that the declaration of Polye as Kandep MP be set aside.
The court dismissed the other three grounds in the election petition because the allegations stated were not sufficiently proven.
Polye and Manase separately filed two applications at the Supreme Court asking the court to review the decision of Justice Yagi.
Justice Terence Higgins granted leave on May 24 to both review applications to be heard.
Polye also filed an application in the Supreme Court seeking orders to stay the order of the national court which set aside his declaration as Kandep MP.
A panel of three judges comprising of Justice Allan David, Justice Jacinta Murray and Justice Fraser Pitpit unanimously granted Polye’s stay application last Monday.
This means that Polye will remain in office as Kandep MP until the Supreme Court determines his review application.
Hearing is set for Aug 15-16.