Powi case goes to trial

 By ADRIAN MATHIAS

JUSTICE Colin Makail allowed the petition against Southern Highlands Governor William Powi to go to trial yesterday despite Powi’s application to dismiss the petition on the grounds of non-compliance of orders and directions from the court.

Makail conceded non-compliance of orders and directions by the petitioner Joseph Kobol but committed the trial in the interests of justice.

A number of election petitions had been thrown out or dismissed for orders and directions not being followed.

Powi had applied to dismiss the petition yesterday in the same Court of Disputed Returns in Port Moresby for non-compliance of court orders and directions by Kobol but Makail declined the application. 

Makail said although the petitioner had failed to comply with court directions and orders, he allowed his petition to go to trial on the grounds of justice. But the judge told Kobol that failure to comply with court’s orders and directions was a sign of disrespect to the court.

Makail said the petitioner should have replied to Powi’s application by March 1, but did so on the 6th, which Makail said was a month after the court had issued  directions.

He said it was six days late but in the interests of justice, the late filing would be allowed.

 Makail said the consequence of petitioners failing to comply with court orders and directions was dismissal of their petitions. 

The case has been adjourned to Thursday for mention.