The National, Thursday July 11th, 2013
By ADRIAN MATHIAS
FORMER Nipa-Kutubu MP Philemon Embel on Monday withdrew his election petition against his successor, Jeffrey Komal, in the Court of Disputed Returns.
And in Buka National Court, businessman William Nakin opted to let North Bougainville MP Lauta Atoi finish his term when he also withdrew his petition.
Embel filed an application through his lawyer to discontinue all proceedings he had instituted against Komal after the national elections last year.
His lawyer told Justice Ellenas Batari in the Supreme Court that both parties had agreed to withdraw the petition.
Komal’s lawyer asked the court to order costs against the petitioner.
Batari agreed and ordered Embel to pay the costs of the proceedings, including a K5,000 security deposit held in the National Court registry trust account.
At the Buka court yesterday, presiding Judge Justice Nicholas Kirriwom told the packed Buka Court room that the withdrawal has saved time and money.
He said according to the affidavits of the petitioner, they had withdrawn the case in the best interest of the people of North Bougainville who could have missed out on services if the case had dragged on.
Justice Kirriwom also said that in similar situations the issue of costs arose however, in this case, the petitioner had also agreed to meet the cost from funds already deposited to the registrar of courts at the time the case was registered.
He said based on these affidavits, leave had been granted and the petition withdrawn.