Court to rule on Enga counting
News that matter in Papua New Guinea
Court to rule on Enga
counting
PORT MORESBY: The National Court will rule today (July 21, 2022) whether
to stop the counting of Wapenamanda’s ballot papers in Wabag following
incumbent MP Rimbink Pato and two other candidates’ applications.
Layer for the plaintiffs
(Pato and, Justin Bero Sarimbu and Danny Terep Katie) Nathan Pilamb before
Jidge Joseph Yagi in Waigani informed the court that Electoral Commissioner
Simon Sinai gave directions on Tuesday (July 19, 2022) to have the ballot boxes
moved to Jiwaka for safety reasons.
“Despite Sinai’s
direction, Enga Election Manager Anton Iamau, Wapenamanda Election Returning
Officer Kevin Yati and the officials declined to follow Sinai’s direction and
proceeded with the counting as of 11am today,” Pilamb said.
He said they sought the
court’s order to verify and make effect Sinai’s decision.
PNG Cyber Monitor reproduces below details of the court proceedings and a few General Election 2022 news updates as published by The National:
Court to rule on Enga counting
July 21, 2022The
NationalMain Stories
THE National Court
will rule today whether to stop the counting of Wapenamanda’s ballot papers in
Wabag following incumbent MP Rimbink Pato and two other candidates’
applications.
Lawyer for the plaintiffs (Pato, Justin Bero Sarimbu, and Danny Terep Katie)
Nathan Pilamb before Judge Joseph Yagi at Waigani informed the court that
Electoral Commissioner (EC) Simon Sinai gave directions on Tuesday to have the
ballot boxes moved to Jiwaka for safety reasons.
“Despite Sinai’s direction, Enga election manager Anton Iamau, Wapenamanda open
returning officer (RO) Kevin Yati and the officials declined to follow Sinai’s
direction and proceed with the counting as of 11am today,” Pilamb said.
He said they sought courts order to verify and make effect Sinai’s decision.
“We are seeking an interim order for court to order for Iamau, Yati and the
electoral officials on the ground to follow Sinai’s direction to have the
ballot boxes transferred to Jiwaka.
“Sinai directed to have the ballot boxes transferred and proceed scrutinising
and counting at Jiwaka due to security issues which the officials must follow,”
Pilamb said.
He said election officials, including election managers and RO, were obligated
to follow the commissioner’s directions.
“We understand that the EC is not subjected to direction or control by any
person or authority and also that the election process should not be
interrupted by any powers.
“What we seek now is for the court to exercise its over-ruling powers to
warrant justice where it’s necessary,” Pilamb added.
He further said the order they were seeking was not in anyway interrupting the
election process but to stop officials on the ground and allow the directions
of EC to be followed as it should.
Solicitor-General Tauvasa Tanuvasa, representing EC, opposed the application
saying that it was incompetent as the order sought was to intervene electoral
process.
Tanuvasa said: “EC supposed to be the one seeking such order to make effect its
own directions and not the candidates as in this matter.
“Three of the plaintiffs are candidates and what they are seeking is clearly to
intervene in the process.”
Court terminates Trappe’s challenge
MUL-BAIYER MP Koi
Trappe’s application to challenge Electoral Commissioner Simon Sinai’s decision
to appoint Tommy Kolo as returning officer (RO) for the electorate was
discontinued yesterday in the National Court.
Trappe’s lawyer Elizabeth Ngomba told Judge Joseph Yagi that she had a notice
of motion on foot.
However, Judge Yagi noted that the application should not be heard because
State was consenting to discontinue the proceeding.
Ngomba settled to have the matter discontinued.
Representing Sinai and the Electoral Commission, Solicitor-General Tauvasa
Tanuvasa did not object to that application.
Judge Yagi then granted leave to Trappe, through his lawyer, and discontinued
the proceeding in its entirety.
Trappe, in his originating summons, filed as a human rights matter, claimed
that Kolo had actively engaged himself in politics in association with another
candidate in the electorate, Harvey Bill Nii.
Trappe further claimed that the continuation of Kolo as the RO would interrupt
Trappe’s rights to be given a reasonable opportunity as a candidate of the
electorate to be elected to an elective public office in a genuine and free
election.
Trappe sought an order for declaration that Sinai’s decision to appoint Kolo as
RO on July 12 was unconstitutional and therefore was null and void, and
non-effect.
Tanuvasa said outside of court that his office had sent a letter to Trappe in
relation to section 5 notice of the Claims By and Against the State Act, which
had not been given to the State before the start of the proceeding.
Madang counting delayed
July 21, 2022The NationalMain Stories
COUNTING for the Madang Open started yesterday but was put on hold during the primary counting of regional votes, an official says.
Assistant provincial returning officer Albert Ului said the reason for the hold-up was because of a mix-up over barred regional candidate James Yali.
Ului said Yali was one of the names issued by the Electoral Commission and ineligible to contest because of a prior criminal conviction.
“The issue here is that prior to nominations, we had requested the EC to submit us a list of convicts that could not contest the seats but they delayed until after all nomination applications were accepted and candidate numbers issued,” he said.
“The named candidate fully participated with campaigning and had his scrutineers sent into polling areas.”
Ului said they would start primary counting in respective LLGs before going to the central tally centre.
He said if Yali was chosen by voters for any of the preferences they would need to decide how to proceed.
“For this reason, I have advised that we will not touch the regional box until we get a clear clarification from the commissioner and the legal officer.”
Ului said he was also served a letter from Yali’s team advising that the matter would be brought to court.
He said it was likely that if the counting for the regional seat were to go ahead they would have issues with Yali’s name being one of the preferences.
“I believe if regional counting commences, this issue will affect the open as well.”
Madang returning officer Joe Sapika said counting for the open seat at Tusbab Primary School would start with Ambenob LLG, then Madang open and Transgogol LLG. Sapika said he was confident they would be able to complete counting within a week in on or by the July 29 deadline for the return of writs.
“All 67 boxes for the open are at Jomba police station here in Madang.”
The Madang Open has 47 candidates while the regional seat has 37.
Pre-marking of ballot rife: Voter
Waigar polling site in
the Gena Waugla local level government area Kerowagi district is one of the
polling venues that had separate polling booth for women. Pictured is a woman
queuing up to caste her vote on Tuesday.
PRE-MARKING first
preference of ballot papers in favour of candidates in their own stronghold is
rampant in Chimbu polling stations this week.
Concerned voters expressed disappointment over being deprived of their right to
vote.
John Wagl, a voter at Waigar polling station, said pre-marking ballots was an
electoral offence.
“If the people are given a chance to make own choice of their preference, we
the voters will feel satisfied that we cast votes of our choices,” Wagl said.
He said the practice was rampant at all polling areas.
In Sinasina-Yongumugl electorate over 900 ballot papers were allegedly marked
in favour of a candidate from a particular area.
Voter Paul Lucas said there was always illegal practices occurring.
Agen’s case adjourned
By VANESSA NIKEN
ACTING Judge Tracy
Ganaii yesterday adjourned the rape and assault case against National Capital
District regional candidate Robert Agen due to the State’s non-appearance in
court.
Ganaii told Agen, 50, of Aregol village, Sinasina-Yongomugl, Chimbu to return
for his trial continuation in the Waigani National Court tomorrow after the
State sought permission to adjourn the matter with due respect for its
appearance before Judge Theresa Berrigan.
“Mr Agen your matter is adjourned because the State is not available in respect
to the appearance before Judge Berrigan,” she said.
Agen is charged with four counts of grievous bodily harm and sexual
penetration.
Agen is alleged to have committed the offences on April 30, 2018 at Ower’s
Corner in Sogeri, Central, against then girlfriend Hennah Alwina Joku (victim).
The assault and rape took place after Agen had accused Joku of cheating on him.
Agen is also alleged to have assaulted and raped Joku a second time on Sept 15
that same year after they returned from a fundraising event.
Agen was allegedly drunk at that time and assaulted Joku at a friend’s home in
Waigani, Port Moresby.
Agen filed a no-case submission claiming that additional charges were added
after he was initially charged with assault.
He said his constitutional rights had been abused and asked the court to
dismiss the charges.
Judge Ganaii however refused his application and ordered the trial to continue.
Ganaii also refused a notice filed by Agen’s lawyer John Napu to withdraw from
representing his client because he disagreed with the proceedings and wanted to
file a Supreme Court reference for interpretation.
Election workers will be paid, says official
By JIMMY KALEBE
ALL General Election
2022 (GE22) election workers in Morobe have been assured by election manager
Simon Soheke that their allowances will be paid by the Electoral Commission
(EC).
Soheke said the list of names would be sent to the EC head office in Port Moresby
for the payments to be made.
He said this, however, could take time as all names would be checked and bank
accounts verified as a matter of procedure.
Soheke said this after some election workers raised concerns about their
allowances
“In the end, all election workers will get still get their allowances paid,” he
said.
Meanwhile, Soheke said he was confident that the declaration of all open seats
in the province would be done on time before the return of writs on July 29.
“The onus is now on the candidates, their scrutineers and their supporters to
work closely with the election officials to ensure that delays in the counting
process are minimised as much as possible.”
Ling-Stuckey returned in Kavieng for 4th term
TREASURER Ian
Ling-Stuckey (Pangu Pati) won the Kavieng open seat for a fourth time after
securing 12,523 votes in the primary count for an absolute majority yesterday.
The 63-year-old was declared an hour after senior statesman and People’s
Progress Party stalwart Sir Julius Chan was announced governor-elect after
winning the regional seat.
Kavieng open runner-up John Knox (People’s Progress Party) polled 3,539 votes
with Rubie Wanariu Kerepa (Independent) came in third with 2,765 votes.
Seventeen candidates contested the Kavieng seat.
Ling-Stuckey thanked the people of Kavieng for their continuous support and
mandate which he said was an endorsement of Pangu’s eight point development
plan for the district.
Ling-Stuckey had campaigned on a record infrastructure spending in health and
education, housing, church, sea and land transport, small to medium
enterprises, agriculture and women’s programmes.
“This is not a victory just for Pangu Pati or the majority who voted for me. It
is a victory for all New Irelanders in Kavieng,” he said.
“Regardless of whether you are a supporter of Pangu Pati, National Alliance
Party, People’s Progress Party or People’s National Congress Party or whether
you voted me or not, you have every right to enjoy the benefits of the Kavieng
district development authority’s programmes and projects.”
Ling-Stuckey urged the people of Kavieng to move on from the election and work
to building a better district and province.
“Let us all reunite and cooperate as one community in New Ireland,” he said.
“We also have to use our mandate wisely and to reset our agenda with other MPs
to forge a more cooperative and productive relationship between the district,
New Ireland provincial government and the national government.”
Child of slain woman at risk
RELATIVES and friends of a two-year-old boy
are concerned about his health and welfare after his mother was believed to be
killed by a stray bullet during an election-related incident at ATS first block
in Moresby North-East last week.
Community representative Joan Mul told The National yesterday
that the boy only had his mother to provide for him but after her death, his
future was uncertain.
“The two-year-old has two other siblings and they have been surviving on the
little money that the deceased earned from selling cooked food at Gordon
market,” she said.
The deceased was a single mother and had been renting a K50 shelter at the
suburb with two other women.
“This baby needs to be taken care off and he needs someone to feed him, change
his nappy and take care of him,” Mul said.
Police investigations into the case of the mother’s shooting are ongoing.
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