Simon, Kapris argue over hearing venue

By ELIAS NANAU
LAWYERS for Maprik MP John Simon and Gabriel Kapris are arguing in court whether the election petition should be heard by a Supreme Court bench in the Port Moresby.
Both parties argued on the merits and demerits of an election petition application for leave to review a decision which dismissed Kapris’ challenge against Simon early this year in Wewak.
Chief Justice Sir Salamo Injia will make a ruling on Monday whether a court bench will hear an appeal or the decision by Justice Allan David to dismiss the petition is upheld.
Kapris’ lawyer Greg Manda claimed in court that David overlooked certain crucial information pleaded in the petition and misjudged that the petition failed to plead relevant and material facts, rendering the petition incompetent.
Manda said the areas allegedly overlooked were the grounds of bribery and undue influence.
He argued that Kapris pleaded in the affidavits sufficient information that Simon gave K100 each to two of his election officials and advised them to give K10 each to four other people.
Manda said the names of the people, date and time, location, and electorate were clearly stated, but the judge overlooked them.
“He overlooks the critical part that he says is missing is in fact there,” he said.
Sir Salamo said pleading was one thing but the actual delivery of the money was another thing.
Simon’s lawyer responded that there were two groups that the alleged money passed through – one group was Simon’s officials and the other was the voters.
He argued that the crucial information that needed to be concluded was the date and time the delivery of money took place from Simon’s agents to the electors.
“It was not pleaded,” the lawyer said.
He said the pleading did not specifically identify which electorate, whether Maprik or not, the voters were from.
He said the argument did not raise a point of law.