Madang Governor Yama told to file suit properly

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Madang Governor Peter Yama

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

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 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State lawyer Troy Mileng however, said that the proceeding needed to be withdrawn because of the failure to follow procedure.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.

Heightened security… With counting underway for Southern Highlands at Momei Oval in Mendi for General Election 2022, security personnel have closed off some entrances into the town and are closely monitoring the movement of people. Police yesterday morning appealed to supporters not to carry bush knives and other offensive weapons into town. – Nationalpic by PETER WARI

Grade 12 exam deferred

July 27, 2022The NationalMain Stories

By LORRAINE JIMAL
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

Election security officials, PNG Defence Force soldiers and police officers marching the fighting supporters of Henganofi candidates to the Goroka police station. – Picture supplied

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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