Polye wins challenge

Source: The National, Tuesday 05th March, 2013

By ADRIAN MATHIAS

DEPUTY Chief Justice Gibbs Salika dismissed an election petition against the Treasurer and Kandep MP Don Pomb Polye yesterday for non-compliance of court directions by the petitioner.
The petition was brought before the court of disputed returns in Port Moresby by lawyer and losing candidate Alfred Luke Manase after the elections last year.

Manase and Polye were candidates for the Kandep open electorate in Enga. Manase, who was represented by Christine Copeland, said there were errors and omissions during the counting of votes at Wabag, Enga’s capital.He alleged that returning officer Naipet Keae and counting officials had manipulated figures polled during the counting which had resulted in Polye winning the Kandep seat.Manase also claimed that some ballot boxes were not counted.
However Polye, the founder and leader of the Triumph Heritage Empowerment (THE) Party, filed an objection to competency of the petition through his lawyer Palus Doa to dismiss the petition.
The case went into directions hearing twice in the court of disputed returns in Port Moresby, the first being on Nov 26 last year and then on Feb 7, when the court issued directions to the parties to file and serve affidavits on each other.
Salika, while dismissing the petition in its entity yesterday for non-compliance of court orders, on Feb 7 had directed the Electoral Commission’s lawyer Ray Williams to file affidavits by Feb 11 and Copeland by Feb 15.
When the matter came before him yesterday, he found that Williams had filed accordingly but Copeland had not as she was on on leave.
Salika refused her reason and said the non-compliance of court orders was three months since Nov 26, adding that it was not a day or two.
He told Copeland that she should have advised another lawyer from within the firm to step in for her while she was on leave.
Salika said court orders and directions were meant to be complied with and failure to do so, as in the case of election petition, resulted in dismissal.
He then upheld the objection to competency filed by the treasurer and dismissed the petition in its entirety. The petitioner will pay the costs