SUPREME COURT ORDERED FOR RE-TRIAL OF AN ELECTION PETITION CASE

CAPTION: Incumbent National Capital District Governor Powes Parkop and petitioner Michael Kandiu.

THE Supreme Court in Waigani has handed down a landmark ruling, ordered for a re-trial over an Election Petition case between incumbent National Capital District Governor Powes Parkop and petitioner Michael Kandiu.

In a five-men full court ruling on Thursday last week, which comprises of judges, Justices David Cannings, Lawerence Kangwia, Colin Makail, Hitelai Polume-Kiele and Sir Kina Bona, has quashed the previous National Court decision, dated 23rd of August 2024, and ordered the Election Petition No. 102 of 2022 to be remitted at the National Court in Waigani.

Justice David Cannings when delivering the decision in Waigani, on behalf of the bench, revealed that the previous National Court decision erred in their determinations of when the petition was officially filed.

Further, the ruling clarified that an election petition is considered filed once it is lodged, either physically or electronically, with the court registry, and does not require sealing or the assignment of a petition number before being regarded as filed.

It also alluded the allegations of bribery involving few cheque payments to a supermarket in the nation’s capital during the election period.

The Court has ordered the respondents in Parkop and Electoral Commission to pay the petitioner’s or applicant’s associated costs with the review proceedings.

A full National Court hearing will continue soon, with the Court yet to fix a date and time for the next proceedings.

Petitioner Kandiu welcome the decision, adding that justice has finally prevailed.

Kandiu said he is determined to head into the next step in pursuing the matter, representing the silent majority, residing in the city.