Court grants leave to Undialu to seek review

Posted on The National

THE Supreme Court has granted leave to Hela Governor Philip Undialu, pictured, and the Electoral Commission to seek a judicial review of a decision by the National Court that ordered a recount for the Hela regional seat.
Chief Justice Sir Gibbs Salika granted the leave application saying they had good reason to be granted leave.
“I have read the applicants’ grounds of review.
“I need not get into the merits of the grounds but I am persuaded that there are good reasons to grant leave,” he said.
Sir Gibbs said the applicants relied on Order 5 Rules 1 to 17 of the Supreme Court Rules which provide for the procedure by which an aggrieved person may apply for judicial review.
“Before the judicial review is heard, leave must be sought first.
“This is what the applicant here seeks.
“He wants the Supreme Court to review the National Court decision but he is now seeking leave first.”
Unidalu’s lawyer, Goiye Gileng submitted on Aug 18 that the National Court as per Justice Joseph Yagi had made an error when ordering the recount because he failed to explain why he refused Undialu’s witnesses to the alleged illegal practices during counting in 2017.
Electoral Commission lawyer Lance Okil supported the application and petitioner Francis Potape’s lawyer Paul Othas objected.


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