SHP poll decision stayed

By BOURA GORUKILA
THE Supreme Court yesterday granted interim stay of all the orders of the National Court in the case challenging the election of William Powi as the Southern Highlands governor until the application is heard by a full Supreme Court bench on a date yet to be fixed.
Justice Les Gavara-Nanu also granted leave for a review of the trial judge’s decision.
He said in order for an application for leave to be granted, there has to be serious issues/standings warranting the leave.
“In this case, I have analysed the orders made by the trial judge and one glaring serious error by the trial judge is that he declared suspended the applicant and ordered the recount when the declaration is to be made after the recount.
“That in itself warrants the grant of leave.
“Apart from that delivering of a judgment somewhere raises serious issues of jurisdiction.
“I find that these are serious issues. Leave is granted for review of the trial judge’s decision.”
Powi’s lawyer Allan Baniyamai thanked the Supreme Court for allowing time to hear the proceedings.
“It’s a two-part proceeding,” he said. “In such an application if leave is granted, then the matter would proceed further.”
Baniyamai said leave was a process where the single judge of the Supreme Court screened a matter and decided whether there was some merits in it.
“While the matter is outstanding, the court through a single judge screens and if he decides that the matter is of merit, then leave may be granted,” he said.
Baniyamai said there were 17 grounds in the application.