More than 100,000 ballot papers burnt in Jiwaka

07:19 pm - Sunday 23rd September, 2012

By Mal Taime

MORE than 100, 000 counted ballot papers for Jiwaka Provincial seat locked in the container went up in flames in the early hours of last Friday morning.
The unexpected incident that occurred last weekend shocked the people of Jiwaka and they are confused as to how the container containing more than 100 ballot boxes with the papers went up in flames.
The people of Jiwaka want to know how the container was burnt because such activity had tarnished their new province. They want police to conduct a thorough investigation and get the culprits locked up.
The container containing the counted regional ballot papers was locked at Wahgi Klos premises after the declaration of all the three open seats with the provincial seat.

It is believed that the burning down was due to Anglimp South Wahgi MP and losing candidate for Jiwaka regional Jamie Maxtone-Graham who a petition in the court of disputed returns against the Electoral Commission as first respondent and Governor Dr William Tongamp as second respondent for recount.
According to police the arsonists must had used petrol to set fire to the container, while most people claimed it must be an inside job because the Jiwaka Provincial Government engaged Asila Security guards to provide security to the containers and premises.
Two days after Aslia security guards moved in to provide security the arsonist went into the premises held up the guards and set fire to the container.
It is believed the arsonist used high powered weapons to hold up the five security guards.
Read more in your Post-Courier tomorrow.

All Petitions Filed with Details

Source: Post Courier, September 21, 2012

EP # Petitioner Respondents Electorate Date Lodged Trial Date
EP 1/2012 EP
Tony Waterupu Aimo Ezekiel Anisi ,Andrew Trawen as Electoral Commissioner , Jeffrey Nape & Anor Ambunti Dreikikir Open 26-7-2012 24-9-2012
EP 2/2012 EP
Norbert Kubak Andrew Trawen, Electoral Commissioner ,Ekonia Walom, Returning Officer for Gazelle Open , Electoral Commission of Papua New Guinea & Anor Gazelle Open 26-7-2012 24-9-2012
EP 3/2012 EP
Gari Liborius Baki Francis Marus ,Andrew Trawen as Electoral Commissioner , The Electoral Commission of Papua New Guinea Talasea Open 15-8-2012 --
EP 4/2012 EP
Job Pomat Parkop Posangat, Returning Officer ,Andrew Trawen as Electoral Commissioner , Electoral Commission of Papua New Guinea Manus Open 16-8-2012 --
EP 5/2012 EP
Michael Korry Mogerema Sigo Wei ,Andrew Trawen , Electoral Commission Karimui Nomane Open 16-8-2012 --
EP 6/2012 EP
Michael T. Sapau Parkop Posangat, Returning Officer ,Andrew Trawen, Electoral Commissioner , Electoral Commission of Papua New Guinea Manus Open 16-8-2012 --
EP 7/2012 EP
Gabriel Lenny Kapris John Simon ,Godfrey Sokomia , Andrew Trawen as Electoral Commissioner & Ors Maprik Open 16-8-2012 --
EP 8/2012 EP
Jerry Singirok Ken Fairweather, MP ,Emily Siamoli , The Electoral Commission of Papua New Guinea Sumkar Open 17-8-2012 --
EP 9/2012 EP
Chris Lagisa Sasindran Muthuvel ,Andrew Trawen as Electoral Commissioner , Electoral Commission of Papua New Guinea West New Britain Regional 20-8-2012 --
EP 10/2012 EP
James Yoka Ekip Gordon Wimb, Returning Officer ,EC , William Duma Hagen Open 21-8-2012 --
EP 11/2012 EP
Simon Sanagke Gordon Wimb, Returning Officer ,EC , William Duma Hagen Open 21-8-2012 --
EP 12/2012 EP
Walter Schnaubelt Hon. Byron Chan ,Hon Byron Chan, MP , Namatanai Open 21-8-2012 --
EP 13/2012 EP
Patrick Balone John Thomas Pundari ,Romalo Bapu, Returning Officer , Henry Kyakas, Election Manager, Enga & Ors Kompiam Ambum Open 21-8-2012 --
EP 14/2012 EP
Luke Alfred Manase Don Pomb Polye ,EC , Kandep Open 22-8-2012 --
EP 15/2012 EP
Leonard Louma Douglas Tomiriesa ,Andrew Trawen as Electoral Commissioner , Electoral Commission of Papua New Guinea Kiriwina Goodenough Open 23-8-2012 --
EP 16/2012 EP
Simon T. Solo Amkat Mai ,Martin Anska, Returning Officer , Andrew Trawen as Electoral Commissioner & Ors Sandaun Regional 23-8-2012 --
EP 17/2012 EP
Peter W. Waranaka Andrew Trawen, Electoral Commissioner ,David Tobena, Returning Officer , Electoral Commission of Papua New Guinea Yangoru Saussia Open 23-8-2012 --
EP 18/2012 EP
Philip Kikala Electoral Commissione of Papua New Guinea ,Nixon Koeka Mangape , Lagaip Porgera Open 24-8-2012 --
EP 19/2012 EP
Darryl Jee Hon Ben Micah ,Electoral Commission of PNG , Kavieng Open 24-8-2012 --
EP 20/2012 EP
Daniel Bali Tulapi Aiya James Yapa Lagea ,Albert Wens, Returning Officer , Andrew Trawen as Electoral Commissioner Kagua Erave Open 24-8-2012 --
EP 21/2012 EP
Lucas Neah John Thomas Pundari ,Romalo Bapu, Returning Officer , Electoral Commission of Papua New Guinea Kompiam Ambum Open 24-8-2012 --
EP 22/2012 EP
Ian Ling Stuckey Rt Hon Sir Julius Chan ,EC , New Ireland Regional 24-8-2012 --
EP 23/2012 EP
Andrew Kumbakor Joseph Sungi ,Joseph Aflatawa , Andrew Trawen as Electoral Commissioner & Anor Nuku Open 24-8-2012 --
EP 24/2012 EP
Manasseh Makiba Francis Mulugu Potape ,Andrew Trawen as Electoral Commissioner , Electoral Commission of Papua New Guinea Komo Magarima Open 24-8-2012 --
EP 25/2012 EP
Komeali Kapo Ropa Aiya James Yapa Lagea ,Albert Wens, Returning Officer , Andrew Trawen as Electoral Commissioner & Anor Kagua Erave Open 24-8-2012 --
EP 26/2012 EP
John Kelewa Kekeno Philip Undialu ,Wamu Walu, Returning Officer , Andrew Trawen as Electoral Commissioner & Ors Koroba Kopiago Open 24-8-2012 --
EP 27/2012 EP
Wake Goi Mai Dop ,Electoral Commissioner & Ors , Jimi Open 25-8-2012 --

[Go to the top] Copyright©2012, Post-Courier Online. Use of this site is governed by our Legal Notice.

83 MPs before court

Source: Post Courier, Septemebr 21, 2012
By TODAGIA KELOLA

PRIME Minister Peter O’Neill, Opposition Leader Belden Namah and Grand Chief Sir Michael Somare are among 28 other MPs out of the 111 seats whose victory in the 2012 National Elections have not been challenged.
The other 83 are all before the National Court to determine whether their elections into the 9th Parliament were done in accordance with the law.
That is about 75 percent of the total seats that were contested in the 2012 National Elections.
This number of election petitions is the highest ever recorded in the short history of elections in PNG.
According to a website developed by the PNG Judiciary specifically for PNG national election petitions for 2012, there were 136 election petitions filed. Thirty-seven of these were originating summons while 105 are election petitions challenging either the winning member or the Electoral Commission in their conduct of the entire election process.
In the 83 disputed seats, there are two to three losing candidates who have filed separate petitions on one particular seat.
The most common argument by many of these petitioners is the conduct and performance of the Electoral Commission in delivering the elections. This include polling sites and schedules not provided to candidates and their scrutineers, counting of votes delayed by a week after completion of polling, and many more. The other common ground that will be challenged before the courts includes undue influence and bribery by the elected members.
Many petitioners have also raised concern that a number of election petition rules are very tough, arguing that many of their cases may be thrown out on technical grounds rather than the merits of the case.
One of these rules is for election petition documents to be strictly served on the respondents personally.A number of petitioners have returned to the courts to seek permission for extra time or substitute service after the respondents the elected members had deliberately evaded service.
Election petition administrator, Justice Collin Makail has also expressed concern about the number of election petitions that have come before him seeking extension of time. He said election petitions are very important and petitioners and MPs should corporate to bring these matters to conclusion as early as possible.

Poll court cases

Source: Post Courier, September 12, 2012

By JACOB POK
Election petition cases registered at the National Court has gone up to a total of 101 cases as of this week.
It has also been rated as the highest of past records of election petition cases according to court officials.
Despite that, the court is expected to deal with the cases promptly and parties were told to adhere to election petition rules when pursuing their cases. But before the formal directions hearing, several urgent cases have been brought up by petitioners seeking extension of time to serve the petitions to respective respondents in the petitions.
According to national court rules on election petition, petitioners are required to file and serve their petitions to the respondents within 14 days after filing the matter in the National Court Registry. Yesterday, two petitioners, former acting judge Nemo Yalo challenging James Lagea’s win in the Kagua-Erave seat of Southern Highlands Province and Kei Kapa challenging Sir Puka Temu’s win in the Abau seat of the Central Province filed urgent applications, seeking extension of time to serve their petition to the respective parties they named as respondents in their petitions.
They appeared before Election Petition administrator Justice Collin Makail and presented their grounds for the court to grant more time for them to properly file and serve their petitions to their respective respondents. Justice Makail after hearing the submissions extended a further 14 days each for both petitioners to serve their petition to their respective respondents.
Mr Nemo is expected to serve the petition to two respondents, Kagua-Erave Returning officer Albert Wens and Mr Lagea while petitioner Kapa is expected to further enquire with the electoral commission office and serve his petition to Dr Temu after obtaining the residential address of the Abau MP through the electoral commission office.

Eighty dispute poll wins

Source: The National, Friday 7th September, 2012

By ELIAS NANAU

THE Court of Disputed Returns has received a total of 80 petitions as of yesterday afternoon with all provinces, except Bougainville, represented.
Associate judge to administer election petitions Charlie Williams said the latest petition, filed on Wednesday, was by Joseph Kobol, a losing candidate for the Southern Highlands provincial seat.
Kobol is challenging the win by William Powi, a former Southern Highlands provincial administrator.
Also among the 80 petitions, a losing female candidate for the Central provincial seat, Philomena Kassman, is disputing businessman Kila Haoda’s victory.
Election petition rules, developed by judges in 2002, state that an election petition can be filed within 40 days after the declaration of a member of parliament, and the petitioner is responsible for serving documents to the respondent within 14 days after filing.
It became evident this week that four petitioners have had difficulties with serving notices on two declared members who refused to accept them.
Simon Solo, the former West Sepik governor, went before Justice Colin Makail yesterday over his successor Amkat Mai’s refusal to accept service.
The court was told the petitioner, Solo, had produced documents before the first respondent, Mai, on several occasions.
“Solo had gone out of his own way to serve documents in a genuine and mature manner,” Makail said.
And with the time limitation expiring yesterday, Makail approved an additional seven days for Solo to serve the documents on Mai.
Makail had also extended time for losing Hela provincial candidate Alfred Kaiabe, who is challenging the win by Anderson Agiru.
“It is difficult when the declared member has gone into hiding,” Kaiabe told the court.But Makail said: “The onus is on you, as the petitioner, to go looking for him.
“If it means climbing Mt Everest, go for it.
“If you are unsuccessful, put it in your evidence and I will give you an alternate order,” Makail said.
Makail had also ordered a two-week extension for losing Koroba-Lake Kopiago candidate John Kelewa to serve documents on declared member Philip Undiali and also to publish them.
But with the documents totalling 70 pages, cost of publication was now a concern for Kelewa’s lawyer.
This week, Makail also ordered the election petition against Treasurer Don Polye to be published in The National and the other local paper.
Polye had been ordered to meet the cost of publishing the advertisement.
The court was told that petitioner Luke Alfred Manase had been unable to serve the documents.

The ONeil Dion Cabinet

PNGEC most unfair to PNG

Source: The National, Wednesday June 27th, 2012

AFTER the reports in today’s paper, nobody will be left in any doubt as to the level of preparedness of the PNG Electoral Commission for the conduct of the 2012 elections.
The preparation has been flimsy and lacklustre.
From throughout the country for the past few days, we have been receiving reports about shortage of ballot papers, lack of polling officials, non-payment of allowances for polling officials and names not being on the common roll which point an accusing finger directly at the PNGEC.
These complaints, while important, fade to insignificance compared to the fiasco that unfolded in the National Capital District yesterday.
This is the city where the PNGEC headquarters is. This is where all the planning is done and ideas tested. This is where every polling booth is accessible by road, where mobilisation of officials and polling teams ought to be operating like clockwork.
Yet, it was here in Port Moresby that the elections basically failed.
Under perfect weather conditions – a clear but overcast sky which provided excellent shelter from the normal blazing sun – the polling teams did not deploy to one electorate – Moresby Northwest.
In Moresby Northeast and Moresby South, where they did deploy, they arrived as late at 11am and were still waiting past noon for ballot papers.
In Lae, polling was deferred to today because of rain early yesterday when part of the morning and all afternoon, the weather was fine. What stopped the polling teams from deploying? Again, bad timing.
It is shocking. It is embarrassing.
The whole episode gives the lie to all the assurances the PNGEC has given the country that it is prepared to deliver free, fair and safe elections on time.
It gives credibility to the cacophony of voices immediately before the issue of writs which pressed for the elections to be deferred by a number of months in order for discrepancies in the common roll and other election preparations to be completed.
Those voices, the loudest coming from parliament, wanted elections to be deferred by up to six months.
Indeed, a motion was passed by a majority in parliament to that effect.
There was a move at the 11th hour to remove Electoral Commissioner Andrew Trawen but that was thwarted.
This disgraceful conduct of the PNGEC flies in the face of its staunchest defender in government, Prime Minister Peter O’Neill who fought his own cabinet, his governing coalition partners and parliament to stand resolutely for elections to be delivered on time and for Trawen to remain as its head.
The conduct also puts to shame the unwavering support the PNGEC received from decent, law abiding citizens and groups both here and abroad – including the governments of Australia, New Zealand and the United States – which supported elections to be delivered on the appointed date.
This newspaper supported that stance as well and we do not regret it one bit because the law does stipulate that writs for the next election must be issued not a day later than the fifth anniversary of the return of writs for the last election. That date fell due on Friday, April 27.
There had been enough manipulation of constitutional laws up to that time and we felt disinclined to support further such overtures while recognising the fact that election preparations were sloppy.
Despite this, the people have conducted themselves most honourably and that too emerged in NCD yesterday.
They slept hardly a wink on Monday night but there was hardly any disturbances in any of the suburbs – a most unusual thing for Port Moresby. They woke up early Tuesday and were walking peacefully in pairs or in family groups, not in busloads as in the past.
They enquired patiently at the polling areas and waited patiently for the polling officials and ballot papers and then returned peacefully home.
That is exemplary conduct worthy of praise.
The PNGEC has had five years to prepare for these elections. There should be no excuse for what is happening throughout the country and in NCD yesterday.
The PNGEC catch-word on its flyers and advertisements say: “Vote LPV, now that’s fair.”
Vote for a “free, fair & safe Election 2012”.
We say the organisation charged with delivering a free, fair and safe election in 2012 has been most unfair to the people of PNG.

Armed men attack polling officials

Source: The National, Wednesday June 27th, 2012

By JAMES APA GUMUNO
POLLING officials were among people travelling in a convoy of vehicles who were ambushed while on their way to Wabag.
The polling officials were from the Kompiam-Ambum electorate in Enga province.
The polling officials were travelling in the convoy to Wabag town yesterday morning when armed men opened fire on them at Yanda Tunda village.
Provincial police commander Supt Martin Lakari said they were driving into Wabag when supporters of another candidate blocked the road near Merimanda village and attacked them.
Lakari said the whole villagers armed with weapons attacked the passengers and also burnt their vehicle.
He said former MP Dickson Maki was taken hostage before security personnel intervened and rescued him.
Lakari said the security personnels cleared the road and brought the situation under control.
He said three men seriously injured were admitted at the Wabag general hospital.
An eyewitness who did not want to be named said the attack was related to an incident on Monday afternoon in Kompiam.
He said the supporters of some candidates in Kompiam-Ambum had demanded on Monday that presiding officers and assistant returning officers who had connections with particular candidates be replaced.
He said there was a prolonged argument before a fight broke out between supporters of the candidates

THE party puts up 80

Source: Post Courier, May 10, 2012

By FRANK RAI

Triumph Heritage Empowerment (THE) party announced 80 candidates for Open and Regional seats around the country in the 2012 National General Elections.
The announcement was made by party leader and Minister for Finance Don Polye before 1000 supporters at the Eriku Oval in Lae yesterday.
Mr Polye said after intense consideration by the party council, it has resolved to endorse 80 candidates in the 111-seat parliament.
Supported by his deputy party leaders, Madang Governor and Raicoast MP James Gau (Mamose) and Western Highlands Governor Tom Olga (Highlands), the party leader urged other candidates to work together with those endorsed by the party.
“I am humbled to say that the party received more than 10 to 20 applications for intending candidates for an Open or Regional seat. And it was extremely hard for the council to make the decision. I urged those who have missed out to stay with the party and work together to form the new government,” Mr Polye said.
He added that since having experienced the system of governance with the former National Alliance regime for the last 10 years, he broke away to form THE party.
Mr Polye said the party needed innovative and youthful leadership, a generation of leadership that would bring the country forward from its current doldrums.
“After being in the Government for the last 10 years, I have assessed the government system and how it works. We need to address the current widespread of corruption that is crippling the nation to its knees,” the Minister said.
Mr Polye said the party’s vision was to empower individual family units – the husband, wife and children so that the family would have confidence and resources to contain social and economical challenges.
Meanwhile, Messrs Olga and Gau also shared same sentiment saying THE party intends to form the new government after the elections.
Both deputy leaders said they were committed to Mr Polye and THE party to ensure that the party forms the next government for the betterment of the country.

O’Neill makes U-turn on election

Source: The National, Monday 23rd April 2012

By JEFFREY ELAPA
PRIME Minister Peter O’Neill has gone back on his own assertion that neither parliament nor the National Executive Council has any powers to defer the general election.
That power, he had said, was vested solely in the electoral commissioner.
Answering questions last Friday, O’Neill said parliament had spoken when, by an absolute majority, it decided to defer the election by six months.
O’Neill was responding to questions raised by Madang regional MP Sir Arnold Amet who said if cabinet had a separate decision to defer the election by three weeks, then the decision had to be brought back to parliament for a motion to rescind the earlier decision.
He also said parliament had been wrongly advised on the effects of section 105(1)(c ) of the Constitution and the use of that section for the motion to defer the election by six months was wrong.
O’Neill said the decision to defer the issue of writs by three weeks was made by Electoral Commissioner Andrew Trawen in accordance with the powers vested on him to make such decisions and not the National Executive Council.
He said the NEC remained with what the parliament had decided because the NEC observed that the electoral commissioner was not ready.
He said it was ethically and morally right for the electoral commissioner to be honest and tell the people of PNG.
“We will still go to election but the electoral commissioner must be honest and tell the people the truth,” he said.
He said funds had been released to support the Electoral Commission but the rolls were not ready

Poll date still in limbo

Source: Post Courier, April 19,2012
Trawen ready to go, DPM still for defferral

By GORETHY KENNETH

PARLIAMENT and the Electoral Commission are still at loggerheads over the timing of elections.
Deputy Prime Minister Belden Namah and part of his Cabinet Ministers, including all Highlands MPs still want the elections to be differed for six months or three months – the least because of “a failed Electoral Roll” they predict will cause chaos in the Highlands Region. They also said yesterday that the motion to defer election in Parliament has not been repealed and still stands. But Electoral Commissioner Andrew Trawen yesterday was adamant and will not back down from his May 18, 2012 election date.
He said he has made his stand and he will advise the Governor-General Sir Michael Ogio to issue the Writs on May 18, 2012. Trawen said he is 93 per cent complete and ready with his Electoral Roll and adamant elections will be held in June and a new Government declared then.
His counterparts, the Police Commissioner Tom Kulunga and PNGDF Commander Francis Agwi maintained they were ready with their security plans, pledging their support for Mr Trawen.
“In summary, for the nation as a whole, data for a total of 5745 wards has been received and processed out of the 6164 wards in PNG.
The Commission is continuing to work 24 hours a day to complete these data entry and printing tasks for the remaining 419 wards,” Mr Trawen proudly read out.
“In percentage terms, this represents 93 per cent of all Preliminary Rolls for their entire country completed – just seven percent of the Wards remain and the Electoral Commission wishes to again assure the public that the Roll Improvement Program will be completed in time for the General election in June.”
But Mr Namah who led his entourage, barked and continuously asked Mr Trawen to declare that he was not ready with the Elections, especially given that the failure in the completion of the Electoral Roll in the Highlands not in order.
Mr Trawen gave a run down and update on where the Electoral Roll was (see story above) and MPs, Ministers and Foreign Dignitaries were also privileged to listen to the PNGEC legal advisor defend his head Trawen – and why the elections should not be differed and the Constitutionality surrounding it.
Mr Namah spoke specifically about the motion passed by Parliament asking for a clearer explanation of Section 105 -1 (c) and Section 105 (2) of the Constitution, which talks about the elections.
“On the absence of the Constitution and in relation to the deferral of elections, (especially with the motion still intact), what is the power of the motion?” Mr Namah continuously questioned Trawen. PNGEC legal team still maintained that the Electoral Commissioner still had the precedence over Parliament especially in calling the elections and changing of the dates.
But most of the MPs and Ministers that attended the briefing yesterday claimed the PNGEC Electoral Roll was not at all ready and that Parliament’s motion to defer the election for six months should be upheld.
Prime Minister Peter O’Neill was noticeably not in Parliament and at the briefing yesterday. Questions were also raised why he was not at the briefing but advise sought claimed he had other commitments to attend to.

No one has powers to defer general election, says Amet

Source: The National, Friday 20th April 2012

By ISAAC NICHOLAS

PARLIAMENT, government and the electoral commissioner do not have constitutional powers to defer elections, Sir Arnold Amet said.
The former chief justice and Madang regional MP said at a media conference that the Constitution (section 105) was explicit that the life of parliament was fixed for five years and could not be extended.
Sir Arnold said section 105 set three timeframes to set dates for an election. The first was the ordinary five years such as now that elections were due.
He said the second occasion for the Electoral Commission to fix dates was in the last 12 months of parliament where a vote of no-confidence was successful against a prime minister. The House is then dissolved.
Sir Arnold said the one that was relied upon wrongly was the deferral of election for six months using section 246 of the Constitution on the extension of the term of parliament.
He said the extension could only occur when, on the National Executive Council’s advice, the head of state declared a national emergency or when there was a declaration of war with another country.
Sir Arnold said what was advised by the electoral commissioner was okay as long as the dates of polling and the return of writs were fixed.
“The electoral commissioner does not have the inherent powers to defer the election. He only has powers to fix the dates for the issue of writs.”
Meanwhile, opposition leader Dame Carol Kidu said the government had itself to blame because, in the past, parliament rose in March to give MPs time to check the common roll and help the Electoral Commission to work on the rolls.
“Now the intending candidates are submitting names and sitting MPs are sitting unnecessarily in parliament passing draconian laws which is destroying our Constitution,” she said.