Yama told to file suit properly

THE National Court has directed Madang Governor Peter Yama to amend information, and properly file and serve on parties in the proceeding which seeks to define the role of police, especially their conduct, during general elections.
Judge Joseph Yagi said this yesterday when Yama’s lawyer advised the court that he needed to amend information on the originating summons.
He said that this was to name the State as a party and include Yama’s primary rights that were affected.
Judge Yagi asked if Yama’s counsel needed leave to amend information on the originating summons.
“What does the rules say?” he asked.
Judge Yagi said that generally, leave should be sought if the documents had been filed and served on parties.
He added that in this case, documents were not served on parties.
Yagi then advised Yama’s counsel to amend the information.
He added that Yama’s lawyer name the State as a party and recommence the proceeding.
State lawyer Troy Mileng however, said that the proceeding needed to be withdrawn because of the failure to follow procedure.
Yagi told Yama’s lawyer that if he did not follow the process, all the other rules of the court would apply.
Yama’s lawyer said he would file and serve all necessary documents to the parties for the proceeding.
Yama’s lawyer also asked the court for the matter to return for mention today since it was an urgent application.
Judge Yagi then granted the lawyer’s request and fixed 1.30pm today for the matter to return to court for the mention.

Sinai seeking to dismiss candidates’ application

ELECTORAL Commissioner Simon Sinai will argue today to dismiss an application filed by Imbonggu candidates Lones Sande Nali and Joseph Ingipa to set aside the counting of 12 ballot boxes for the electorate.
Representing Sinai, Southern Highlands election manager Alwyn Jimmy and Imbonggu returning officer (RO) Kelma Pora was lawyer Moses Ninkama who appeared before Judge Joseph Yagi yesterday at Waigani.
Ninkama asked if the court could dismiss the proceeding because there was no evidence.
According to the originating summons, Nali and Ingipa claimed a declaration pursuant to section 15 and 19(1) of the Organic Law on national and local level government election that the direction issued by Sinai to Jimmy and Pora on July 19 was effective and binding.
Judge Yagi fixed 1.30pm today for the hearing of the application.

Court to hear Manase’s application today

By BEVERLY PETER
KANDEP Open candidate Luke Alfred Manase’s application to stop Electoral Commission from intervening in the electorate’s returning officer Henry Apakali’s duty will be heard in the National Court today.
The People’s Congress Party candidate, through his lawyer Justin Issac, before Judge Joseph Yagi at Waigani yesterday, said there was no urgency in the application as he was advised that counting for Kandep was stopped yesterday.
Isaac then asked the court to adjourn to allow for proper service to be effected and was granted leave.
He said the case was first mentioned on Monday but he was unable to properly serve the documents to the parties due to the fight in the city on Sunday.
Parties identified in the originating summons (OS) were Apakali, Enga election manager Anton Iamau and Electoral Commissioner Simon Sinai.
Manase, in the OS, sought to declare that Sinai had acted in the place of Apakali when he issued the direction on July 11 and 19 to exclude some ballot boxes from being scrutinised and to move 57 of Kandep’s ballot boxes to Jiwaka for counting.

‘Hijacked’ boxes counted

By PETER WARI
SOUTHERN Highlands election manager Alwin Jimmy says 44 ballot boxes for the Kagua-Erave Open electorate were counted and instructions from the Electoral Commissioner Simon Sinai not to count them on Monday afternoon was received late.
The 44 boxes were allegedly hijacked and complaints were raised by assistant returning officer (ARO), candidates and voters to Sinai claiming that certain candidates hijacked the boxes and should not be counted.
The boxes are for Aiya, Erave, Kagua Central and Kuare local level governments (LLGs).
“The boxes have already been counted, I cannot reverse it, counting has to be continued and candidates who are not happy can go to the National Court of Disputed Returns after the declaration is made,” he said.
Jimmy said counting for Imbonggu, Mendi-Munihu, and Nipa-Kutubu open electorates were progressing well and for the regional, counting venues had been extended.
Sinai, in a letter to returning officer (RO) Albert Wens Heleve, accused him of failing to communicate with him on issues raised and he has treated letters from the AROs, candidates and voters as objections made under Section 153A of the Organic Law.
He said his decision on the objection of the 44 ballot boxes not to be admitted into scrutiny was for the following reason: Section 153A of the Organic Law required an objection to be made to the RO and no other person.
The objection was initially addressed to the RO but he did not communicate it to his office.
Meanwhile, Heleve tendered his resignation yesterday afternoon and a new RO has since been appointed.