![]() The Supreme Court yesterday dismissed an application filed by the ousted Member for Kandep, Alfred Manase, seeking leave to review the declaration of Don Polye as the duly-elected Kandep MP. The National Court last week made the declaration following a judicial recount. Mr. Manase sought leave to review the National Court decision, alleging errors on the part of the trial judge. Justice Teresa Berrigan, however, dismissed the application, not satisfied that it has been demonstrated that the trial judge fell into error With the dismissal of this application, it now means that the declaration of Mr. Polye took effect as of 3pm yesterday, and he will take his seat when Parliament sits today. Mr. Manase argued that Justice David Cannings last week erred when he ruled that the new Returning Officer for the recount in Kundiawa, Rev Tom Sine had the discretion to include three ballot boxes to be counted, which had been excluded from the original count by a decision of the original Returning Officer during the 2017 National Elections in Wabag.
He argues that the Supreme Court order number 5 of last December does restrict the discretion of the new returning officer, not to include the 3 ballot boxes in question in the recount, as they do not comprise any part of the votes eligible to be included. Justice Berrigan, however, upheld that the decision of the new returning officer was not in breach of Supreme Court order number 5, as the new returning officer's report of the recount was also examined by the learned trial Judge, and was satisfied that he exercised his own independent judgment in good faith, following a fair process. NBC News / PNGfacts Next : Marape Government Confident To Remain In Power Comments are closed.
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