Lae’s former GE22 candidate Fr Peter denied bail

News that matter in Papua New Guinea

Police Force members and polling officers loading ballot boxes on a vehicle to be transported to Lorengau last week. – Pictures supplied

Lae’s former GE22 candidate Fr Peter denied bail

PORT MORESBY: A district court in Lae has refused bail for a Lae General Election 2022 (GE22) candidate charged with causing wilful damage after the police prosecution objected under the Bail Act on Friday (July 15, 2022).

Prosecutor Chief [i]Sergeant Gallus Gumbaia objected to the bail of Ps Fabian Peter, 46, from Wewak’s Maguer village in East Sepik, on ground that he was already on a court bail of K1,000 for causing willful damage of private property when he allegedly committed a similar offence.

“Because of a prior charge of the same offence and while on bail, Peter committed another offence,” he added.

Peter (People’s National Congress Party) was one of 22 candidates who contested in Lae which was won by Deputy Prime Minister John Rosso (Pangu Pati).

PNG Cyber Monitor reproduces below the court proceedings and a few GE22 news updates as published by The National:

Court refuses bail for candidate

July 18, 2022The NationalMain Stories

By JACINTA COHLEE
A LAE district court has refused bail for a Lae open candidate charged with wilful damage after police prosecution objected to it under section 9 (1) (b) of the Bail Act on Friday.
Prosecutor Chief Sergeant Gallus Gumbaia objected to the bail of Fabian Peter, 46, from Maguer village in Wewak, East Sepik, on the grounds that he was already on a court bail of K1,000 for wilful damage of private property when he allegedly committed a similar offence.
Gumbaia said: “Because of a prior charge of the same offence and while on bail, Peter committed another offence.
“I object to the court bail based on section 9 (1) (b) of the Bail Act.
“The community does not deserve this type of behaviour because it disturbs the peace and harmony among them,” Gumbaia said.
After the prosecution’s objection, the court refused bail based on two grounds – the candidate was on bail and allegedly committed a similar offence and breached a court order that was given for the previous charge.
Magistrate Tapil said: “Fabian’s previous case was struck out and he was given a court order not to interfere with state witnesses.
“An affidavit presented by the prosecution in court shows that the defendant did not comply with the court order that was given. The court finds that he continuously breached the court’s code of conduct, so the court will refuse bail.”
Magistrate Tapil said that under Section 9 of the Bail Act, it also stated clearly that the defendant must comply when on bail.
Magistrate Tapil said the district court used its discretion to grant bail in the previous case, but now it did not have any power to grant bail and advised Peter’s lawyer to apply for bail at a higher court.
The court adjourned August 1 for mention.
Police alleged that on June 24, the Peter and his supporters assaulted Meshach Nakayuwi (Lae Urban metropolitan services manager) along with his two employees at Eriku Oval in Lae, Morobe, during preparations of the People’s National Congress party’s (PNC) rally.
The court heard that an unknown vehicle almost hit one of the party supporters and they started to attack the vehicle with sticks and stones, and the victim was trying to stop them.
The police summary in court stated that Peter and his four supporters punched the victim and he fell to the ground and then ran for safety, leaving his car behind.
The court also heard that the victim went back to the field in the morning only to discover that his car was damaged and valuable property stolen.

Wewak counting starts

July 18, 2022The NationalMain Stories

By CLARISSA MOI
THE Supreme Court has ordered counting of ballot papers for Wewak to resume following the dismissal of a stay order on Friday.
Justice Derek Hartshorn presiding at Waigani made the ruling, setting aside a National Court order that had stopped counting of ballot papers for Wewak.
“For the interest of justice, counting for Wewak must proceed as soon as possible,” he said.
The court also ordered candidates Raphael Saulep (Independent), Stanley Muts Samban (PNG Party) and Jerry Junembary (People’s Transformation Party) and their agents not to interfere with the electoral process subject to Organic Law on National and Local Level Government Elections. Saulep, Samban and Junembary had filed applications in the Wewak National Court seeking to compel the Electoral Commission (EC) to arrange a single counting centre.
On July 8, acting Judge Taunamo Micah Rei restrained the EC from counting ballot papers for Wewak until further court orders.
On July 13, a consent order was signed by Saulep, Samban and Junembary without the knowledge and authority of the EC to have the counting in one location in Wewak.
Following those orders, Electoral Commissioner Simon Sinai and EC through Solicitor-General Tauvasa Tanuvasa filed an urgent application in the Supreme Court on Friday seeking leave to appeal and to stay the orders.


Milne Bay polling and counting progressing well, says returning officer

COUNTING in Milne Bay has started at the weekend.
Provincial returning officer, Ivan Maraka told The National that Kiriwina-Goodenough was the first electorate to start counting on Saturday followed by Esa’ala, Samarai-Murua and the regional seat yesterday.
Maraka said counting for Alotau Open will start today. He said the counting venues are Alotau and Samarai-Murua at Cameron Secondary School, Kiriwina-Goodenough at the Catholic Church, Esa’ala and the regional seat at the old basketball court.
Meanwhile, polling for Daga local level government started yesterday after the materials were airlifted into Agaun last week. Polling in the area was delayed for a week due to logistics issues.
Maraka said the chopper that airlifted the materials was engaged on an understanding of assistance basis and would not return to pick up the ballot boxes.
“Our teams have started polling in Agaun in the hinterlands and will continue polling as they travel on foot down to the coast in Rabaraba,” he said.
“They will be picked up in Rabaraba and will travel onto Alotau.
“We have been given until July 22, 2022, to complete polling and the teams are aware of the deadline.”
Maraka said they were anticipating that the teams would complete polling in Daga well before the deadline.
He said all security personnel had arrived in Alotau for the counting process currently underway.
“It has been a quiet polling period for us and we hope this would continue into counting and declaration.”


Five nabbed for hijacking ballots, boxes

POLICE have arrested and charged five men with hijacking three election ballot boxes from Tolenami, Yambuli and Ipalop in Enga’s Mulitaka village last week, Deputy Commissioner (Operations) Anton Billie says.
“They were among 20 suspects arrested initially.
“The five were charged whilst 10 were hospitalised after being allegedly assaulted by members of the Joint Security Task Force.
“The five now held in the Wabag police station,” he added. Billie said the five, from Porgera’s Paiela, hijacked boxes and an undisclosed number of ballot papers and transported them to the Southern Highlands in two vehicles when they were intercepted by soldiers at Upper Mendi’s Komea village in Southern Highlands.
Meanwhile, Police Commissioner David Manning said security had always been critical in the conduct of general elections in Papua New Guinea (PNG).
In light of an increased threat and risk assessment at counting centres in the highlands and parts of the coastal region, Manning said the Joint Security Task Force for General Election 2022 (GE22) has advised the PNG Electoral Commissioner Simon Sinai to conduct counting as soon as security personnel were on the ground.
He said the security forces were now preoccupied with the extension of polling in parts of the highlands due to election-related violence.


Reports needed to fail elections, says Electoral Commissioner

Line up … Women from Anglimp-South Waghi in Jiwaka lining up to cast their vote on Friday. Polling was done in Jiwaka as scheduled by the Electoral Commission. Electoral Commissioner Simon Sinai in Port Moresby yesterday urged people to cooperate with the commission to ensure the counting process for General Election 2022 was completed on time – Picture courtesy of PNGDF Cimic Team

By HELEN TARAWA
PNG Electoral Commissioner Simon Sinai says an election writ can
either be withdrawn or declared failed if there are reports and evidence on violence and destruction of property.
Sinai in response to questions about reports of election-related violence in Enga as well as Morobe’s Markham and Kabwum, said decisions would be made based on the laws but only after the return of writs.
He said failing an election was a process.
“We don’t want to discuss failing, but the laws allow for certain issues so we need proper reports,” he said.
“There are two categories; we either withdraw the writ or fail if there is evidence to fail.”
He said the PNG Electoral Commission (PNGEC) had not received any reports from the respective election managers.
Sinai added that there was no time left for those electorates that had issues where there were reports of damage to the counting centre and the destruction of ballot boxes and ballot papers.
“We have come to the end of polling this week,” he said.
“We have no time left now so we have to see the extent of the reports on the damages,” he said.
Sinai said the commission was working with the police on the security issues.
“We are facilitating the elections and police are in charge of the security aspect of it.
“But at the end of the day, the Electoral Commission is the authority that needs to access all of those situations.
“Where there is a need for a re-election or a recount, we will do that but we are waiting for the complete report,” Sinai said.
In reference to deferral of counting beyond the deadline of July 22, Sinai said the commission could only defer once.
“In the event that some electorates go beyond, I will have only one chance to do a deferral and that is by law.”



Alleged hijacked boxes to be disputed

By JAMIE HARO in Kerema
TWO ballot boxes allegedly hijacked by locals in the Keakea village of the Ihu local level government (LLG) area will be disputed, says Gulf election manager Poevare Tore.
He said last week polling teams allocated for the Ihu LLG travelled across from Kerema town to conduct polling when the incident occurred.
“The locals in the area were frustrated when they learnt that some of their names were missing in the common roll and chased the polling team away and took the two ballot boxes.”
Tore said the ballot boxes were still with the locals, but if returned would be ruled out as disputed boxes because polling teams were given another set of boxes to be used.
“The boxes have been identified through serial numbers and will be disregarded if the locals make an attempt to return (them) and will not be included in the counting period,” he said.
“It is alleged that some papers might be stolen too.”
In addition, Tore said another two ballot boxes sent for the West Kikori LLG were not used after their lids were damaged.
However, the polling teams made an attempt to request for a new set before the polling activity took place.


Counting for Manus seats begin without disruption

Police Force members and polling officers loading ballot boxes on a vehicle to be transported to Lorengau last week. – Pictures supplied

COUNTING for Manus two seats began on Friday and continued over the weekend without incident, Manus provincial police commander Chief Inspector Kiweri Kesambi says.
He said it was a relief that polling for the two seats was completed and counting was about to start with no major issues.
Kesambi urged the people to continue maintaining the good behaviour until the return of writs on July 29 for General Election 2022 (GE22).
Polling for Manus ended on Thursday when the ballot boxes from the three remaining local level governments (LLGs) were brought into Lorengau and locked away in the Manus provincial police headquarters. Counting began on Friday, continues today and is expected to take up the rest of the week.
Kesambi said the last three LLGs – Aua Vuvulu, Nigoherm and Bisakani – were all rural LLGs.
He said the ballot boxes for Nigoherm and Aua Vuvulu along with the polling officials and the security personnel were transported by the HMPNGS Ted Diro and arrived at the Lombrum Naval Base on Thursday morning.
They were received by election officials and members of the security forces and took the ballot boxes to the police headquarters.
Bisakani LLG brought their ballot boxes into Lorengau town by smaller boats under the escort of security forces.
Meanwhile, Assistant Commissioner of Police New Guinea Islands command Perou N’dranou visited Manus last week to check on the GE22 security operations.

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