Education Minister Uguro’s application to dismiss election petition rejected

News that matter in Papua New Guinea

Education Minister Uguro’s application to dismiss election petition rejected

PORT MORESBY: The National Court has refused Usino-Bundi MP and Education Minister Jimmy Uguro’s application to dismiss an election petition against him, given that there were serious allegations contained in it.

“In this case, the petition presents serious allegations of illegal practices, undue influence, and errors and omissions in the election process,” Judge Joseph Yagi said.

The court proceedings were published by The National:

Court refuses Uguro bid

November 10, 2022The NationalMain Stories

By CLARISSA MOI
THE National Court has refused an application by Usino-Bundi MP Jimmy Uguro to dismiss an election petition against him, given that there were serious allegations contained in it.
“In this case, the petition presents serious allegations of illegal practices, undue influence, and errors and omissions in the election process,” Judge Joseph Yagi said.
He made the ruling at Waigani yesterday in the petition by Vincent Kumura against Uguro and the Electoral Commission (EC).
Uguro had sought to dismiss the petition because Kumura had failed to comply with court directions.
Judge Yagi noted that the power to dismiss an election petition under the election petition rules was discretionary.
On Oct 27, Uguro’s lawyer Maleva Kipa submitted that there were several instances where Kumura did not comply with court orders which included breaching of election petition rules by not attending court on the first directions hearing on Oct 7.
Kipa pointed out that election petitions were serious matters and courts needed to take a serious approach in terms of prosecution.
He added that in this instance, there was non-compliance with both the court’s orders and election petition rules.
Kipa said on Oct 7, Kumura did not attend the first directions hearing as per the election petition rules.
Further, the orders of Oct 7 was for Kumara to prepare and circulate the draft orders to parties by Oct 14. That did not happen.
Kipa added that when the matter last came to court on Oct 21, the orders of Oct 7 were extended.
Kumura’s lawyer Timil Tape argued that the orders of Oct 7 were extended to allow them to serve necessary documents on EC.
He added that the only issue was the non-compliance of circulating draft directions which was settled on Oct 22 where he had paid costs to Uguro and EC.
Judge Yagi noted that while the order of Oct 7 was breached it was remedied on Oct 22 by extending time and ordering costs against Kumura’s lawyer.
“The power of the court under rule 18 of the election petition rules must be used sparingly and is to be exercised as a last resort and in very clear instances where Kumura has intentionally and blatantly disrespected a court order,” he said.
“The evidence before the court does not amount to intentional and blatant breach of court order,” Judge Yagi said.

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