Madang Governor Yama told to file suit properly
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Madang Governor Yama told to
file suit properly
PORT MORESBY: The National Court has directed Madang
Governor Peter Yama to amend information, and properly file and serve on
parties in the proceeding which seeks to define the role of police, especially
their conduct, during general elections.
Judge Joseph Yagi said
this yesterday (July 26, 2022) when Yama’s lawyer advised the court that he
needed to amend information on the originating summons.
He said that this was to
name the State as a party and include Yama’s primary rights that were affected.
PNG Cyber Monitor reproduces the report on the court proceedings and a few General Election 2022 news updates as published by The National:
Yama told to file suit
properly
July 27, 2022The
NationalMain Stories
Judge Joseph Yagi said this yesterday when Yama’s lawyer advised the court that
he needed to amend information on the originating summons.
He said that this was to name the State as a party and include Yama’s primary
rights that were affected.
Judge Yagi asked if Yama’s counsel needed leave to amend information on the
originating summons.
“What does the rules say?” he asked.
Judge Yagi said that generally, leave should be sought if the documents had
been filed and served on parties.
He added that in this case, documents were not served on parties.
Yagi then advised Yama’s counsel to amend the information.
He added that Yama’s lawyer name the State as a party and recommence the
proceeding.
State lawyer Troy Mileng however, said that the proceeding needed to be
withdrawn because of the failure to follow procedure.
Yagi told Yama’s lawyer that if he did not follow the process, all the other
rules of the court would apply.
Yama’s lawyer said he would file and serve all necessary documents to the
parties for the proceeding.
Yama’s lawyer also asked the court for the matter to return for mention today
since it was an urgent application.
Judge Yagi then granted the lawyer’s request and fixed 1.30pm today for the
matter to return to court for the mention.
Sinai seeking to dismiss candidates’ application
ELECTORAL Commissioner Simon Sinai will argue today to
dismiss an application filed by Imbonggu candidates Lones Sande Nali and Joseph
Ingipa to set aside the counting of 12 ballot boxes for the electorate.
Representing Sinai, Southern Highlands election manager Alwyn Jimmy and
Imbonggu returning officer (RO) Kelma Pora was lawyer Moses Ninkama who
appeared before Judge Joseph Yagi yesterday at Waigani.
Ninkama asked if the court could dismiss the proceeding because there was no
evidence.
According to the originating summons, Nali and Ingipa claimed a declaration
pursuant to section 15 and 19(1) of the Organic Law on national and local level
government election that the direction issued by Sinai to Jimmy and Pora on
July 19 was effective and binding.
Judge Yagi fixed 1.30pm today for the hearing of the application.
Court to hear Manase’s application today
By BEVERLY PETER
KANDEP Open candidate Luke Alfred
Manase’s application to stop Electoral Commission from intervening in the
electorate’s returning officer Henry Apakali’s duty will be heard in the
National Court today.
The People’s Congress Party candidate, through his lawyer Justin Issac, before
Judge Joseph Yagi at Waigani yesterday, said there was no urgency in the
application as he was advised that counting for Kandep was stopped yesterday.
Isaac then asked the court to adjourn to allow for proper service to be
effected and was granted leave.
He said the case was first mentioned on Monday but he was unable to properly
serve the documents to the parties due to the fight in the city on Sunday.
Parties identified in the originating summons (OS) were Apakali, Enga election
manager Anton Iamau and Electoral Commissioner Simon Sinai.
Manase, in the OS, sought to declare that Sinai had acted in the place of
Apakali when he issued the direction on July 11 and 19 to exclude some ballot
boxes from being scrutinised and to move 57 of Kandep’s ballot boxes to Jiwaka
for counting.
‘Hijacked’ boxes counted
By PETER WARI
SOUTHERN Highlands election manager
Alwin Jimmy says 44 ballot boxes for the Kagua-Erave Open electorate were
counted and instructions from the Electoral Commissioner Simon Sinai not to
count them on Monday afternoon was received late.
The 44 boxes were allegedly hijacked and complaints were raised by assistant
returning officer (ARO), candidates and voters to Sinai claiming that certain
candidates hijacked the boxes and should not be counted.
The boxes are for Aiya, Erave, Kagua Central and Kuare local level governments
(LLGs).
“The boxes have already been counted, I cannot reverse it, counting has to be
continued and candidates who are not happy can go to the National Court of
Disputed Returns after the declaration is made,” he said.
Jimmy said counting for Imbonggu, Mendi-Munihu, and Nipa-Kutubu open
electorates were progressing well and for the regional, counting venues had
been extended.
Sinai, in a letter to returning officer (RO) Albert Wens Heleve, accused him of
failing to communicate with him on issues raised and he has treated letters
from the AROs, candidates and voters as objections made under Section 153A of
the Organic Law.
He said his decision on the objection of the 44 ballot boxes not to be admitted
into scrutiny was for the following reason: Section 153A of the Organic Law
required an objection to be made to the RO and no other person.
The objection was initially addressed to the RO but he did not communicate it
to his office.
Meanwhile, Heleve tendered his resignation yesterday afternoon and a new RO has
since been appointed.
Grade 12 exam deferred
July 27, 2022The
NationalMain Stories
GRADE 12 national
written expression examination has been deferred to Aug 15 to give time for
students to prepare, Education secretary Dr Uke Kombra says.
He said this following the continuing election-related violence that disrupted
several schools across the country.
“Given the situations relating to the election counting process, several
schools and provinces are in need of a deferral of the examination date in
order to settle and have a conducive environment to sit for the examination,”
he said. Kombra said that the 2,206 students were supposed to sit for the exam
on Aug 1 but this was now postponed to allow schools to concentrate on the
exam.
He said the exam’s booklets were already dispatched to schools to distribute to
students.
“We request every province to support the provincial education boards (PEBs),
provincial education advisors and school inspectors to get this information out
to every school to be prepared for the examinations on Aug 15,” he said.
However, Kombra said that this year’s final examination dates would remain the
same. He said grade 10 would sit on Oct 10, grade 12 on Oct 17 and grade eight
on Oct 24 as per the education calendar for this year.
He urged all PEBs to report to the department if their schools had been
affected by the election process and were suspended so that the department
could address the issues on a case by case basis.
Kombra said according to education regulation, if a school was suspended for 30
days, the students would not qualify to sit for the examinations, but would
repeat the whole schooling year.
“We have rules and regulations which say that if any student is not in school
for 30 days, that student is deemed to have not qualified to sit for
examinations and will not be certified,” he said.
Kombra said that classes in NCD would be suspended for the week.
“The safety of students is very important, we must be concerned of their
welfare and safety, prior to everything else,” he said.
Kombra said students in NCD will return to classes next Monday.
He said that for schools in the other provinces, the PEBs were to assess the
situations and report to the department to take action.
Agen’s case adjourned to Aug 3
By VANESSA NIKEN
THE Waigani National
Court has adjourned a rape and assault case against General Election 2022
candidate Robert Agen due to a workshop being held at Public Prosecutor’s
Office.
Acting Judge Tracy Ganaii granted an application yesterday by the State seeking
leave to adjourn Agen’s trial matter because of the workshop.
The State said the prosecutor’s office was currently undergoing a workshop that
would continue throughout the week.
“Just for the record, this matter was listed on the basis that the court has
not backed on the Public Prosecutors Office,” she said.
Acting Judge Ganaii moved the trial matter to next Wednesday (Aug 3) and
extended Agen’s bail.
Agen, 50, from Aregol village, Sinasina-Yongomugl, Chimbu, had been charged
with four counts of grievous bodily harm and sexual penetration.
He was alleged to have, on April 30, 2018, drove to Owen’s Corner in Sogeri,
Central, after he picked his girlfriend Hennah Alwina Joku (victim) at her
office in Gordon, Port Moresby, after having a brief argument over the phone.
Agen was alleged to have struck Joku with his belt several times while accusing
her of cheating and also allegedly raped her.
Agen, who is one of 30 candidates contesting for the National Capital District
regional seat, also alleged to have assaulted Joku on Sept 15, 2018, after they
returned from a fundraising event.
Agen was alleged to have been drunk at that time and assaulted Joku again at a
friend’s home in Waigani, Port Moresby.
Meanwhile, Acting Judge Ganaii said public solicitors were not present in court
since Monday.
Fighting Henganofi supporters charged,
released
By ZACHERY PER
EASTERN Highlands
police has released 25 supporters of Henganofi open candidates on K200 bail
each for allegedly fighting in public.
Eastern Highlands police commander Supt Michael Welly warned the supporters not
to disturb the flow of business in Goroka town.
Welly told them to return to their districts and work in their gardens and
coffee plots instead of risking their lives fighting each other in front of the
National Sports Institute counting centre in Goroka.
He said the supporters had started arguing at the Lottery Park near NSI which
developed into a fight.
Fortunately, the PNG Defence Force soldiers on duty were in the area and quickly
rounded up those fighting and brought them to Goroka police station.
The supporters caught were each formally arrested and charged with fighting in
public place.
Meanwhile, quality checks for the nine open seats in Eastern Highlands have
been completed.
Election manager Gore Kaupa said he was confident that the eliminations would
start today and declaration would be made tomorrow with the electoral writ
returned on Friday. Counting for the regional seat was disrupted by a petition
from regional candidates on Monday.
Their concern was attended to and counting had proceeded.
He said declaration for regional seat would be made this week.
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