The National, Wednesday November 6th, 2013
THE Supreme Court has ordered that a petition by Jerry Singirok disputing the election of Ken Fairweather as Sumkar MP should proceed to a trial at the National Court.
Justice David Cannings passed the decision on behalf of the three-man bench comprising himself, Justice Panuel Mogish and Justice Goodwin Poole.
Cannings said Fairweather had asked the Supreme Court to review the decision by the National Court which rejected his objections to the competency of the petition by Singirok.
Cannings said Singirok’s petition had eight grounds alleging acts of bribery – two by Fairweather himself and six by other persons with Fairweather’s consent, knowledge and authority.
Cannings said Fairweather had presented three grounds for the review:
lOne argued that the primary judge (National Court judge) erred in law in refusing to dismiss the petition;
ltwo argued that the primary judge erred in finding that each ground pleads sufficient material facts to support the allegations of bribery by Fairweather; and,
lthree argued that the primary judge erred in finding that the each ground pleads sufficient material to support allegations of bribery by other persons with the consent, knowledge and authority of Fairweather.
Cannings said since all the grounds for the review had been dismissed, the order of the National Court would be upheld and the petition proceed to trial.