Yama’s claim dropped

By CLARISSA MOI
AN attempt by sitting Madang Governor Peter Yama to stop the counting of the Madang regional seat was dismissed by the Supreme Court on Saturday.
Presiding as a single judge at Waigani, Justice Derek Hartshorn ruled that what Yama, 66, was seeking would interfere with the powers and functions of the Papua New Guinea Electoral Commission.
Yama through his lawyer David Dotaona claimed that the election event in Madang had been subjected to fraud, illegalities and malpractice.
He said Electoral Commissioner Simon Sinai had failed to respond to the petitions that had been given and the situation had turned volatile.
Justice Hartshorn said the Constitution stated that the Electoral Commission was not subject to the direction or control by any personal perspective.
“The relief sought would be in effect directing the electoral commissioner and certainly, controlling him to stay or suspend the election in the province for that seat,” he said.
Justice Hartshorn noted that if the court had granted the application, the voting public and the candidates would be denied the declaration of the elected governor.
He added that any candidate who was not happy with the outcome of the election could file a petition in the court of disputed returns.
Justice Hartshorn said he would not grant the application to stay the count as it would re-start the counting process and this would impinge on the right of the electoral commissioner not to be directed in the conduct of the election.
Solicitor general Tauvasa Tanuvasa representing the State was informed at around 12.30pm on Saturday of hearing of the application for stay and was not able to appear in time on behalf of the Attorney General, but was in time to receive the decision.
When asked his view of the decision, Tanuvasa said it was right and according to law.
Tanuvasa noted that Section 126(6) of the Constitution prevailed and could not be overridden by section 155(4) of the Constitution.
“The election process must be completed so that the people of Madang can have an elected governor,” he said.
“Any aggrieved candidate for that seat can avail themselves via election petition as provided by section 206 of the Organic Law on National and Local Level Government Elections.”

Madang, Chimbu, SHP, NCD writs delayed: Sinai

By LULU MAGINDE
ELECTORAL Commissioner Simon Sinai says the return of writs for the Madang, Chimbu, Southern Highlands and National Capital District provincial seats to the Governor-General are expected on Friday.
The writs for the seats were initially scheduled to be returned last week but Sinai said these seats were either in the process of quality checks or going through eliminations.
Given his powers under the Organic Law Section 83 (3), Sinai said: “If we fail to declare a winner past the extension given, then we will continue until there is a winner decided.
“There will be no more special circumstances or failed elections.”
Sinai confirmed that the new extended deadline was accepted by Governor-General Grand Chief Sir Bob Dadae and gazetted.
Lagaip in Enga is another seat that is yet to be declared.
Sinai said he was yet to receive a report from the Electoral Commission staff concerning the Lagaip seat.
“I have not received the report from the election manager or the returning officer like the others, but from what I’m hearing, the election was 50-50 with half of it (ballot papers) destroyed.
“So we’re just waiting to receive the reports to make a decision,” he said.
On Friday, he returned the writs for Eastern Highlands provincial, Kerowagi open, Henganofi open, Moresby North-East and Moresby North-West to Sir Bob.

Moresby North-West returns Lohia Samuel

By LULU MARK
LOHIA Boe Samuel (Pangu Pati) became the Moresby North-West MP on Friday with a murder case hanging over his head.
He won the seat with a total of 23,452 votes, the absolute majority was 21,149.
Returning officer Vincent Manukayasi declared the winner – witnessed by Deputy Prime Minister John Rosso, Gulf Governor Chris Haiveta, Samarai-Murua MP Isi Henry Leonard and Kerema MP Thomas Opa.
Samuel won the seat in a by-election last year.
He said Prime Minister James Marape discussed with him, for Moresby North-West, were to modernise Motu Koita villages and settlements and bring back basic services that were lacking in the suburbs from Hohola to Gerehu.
“That’s the challenges that the PM has given me so that will be the task for the next five years,” he said.