Court to decide Hela regional recount

Posted by Post Courier

People of will know whether an initial order for a recount of ballot papers for the regional seat by the National Court will proceed to counting or a current Supreme Court review on that decision will go before a full bench of the high court. That was the indication by a one-person bench of the Supreme Court Justice Teresa Berrigan on Tuesday. 
This followed the hearing of two applications, one by the petitioner Francis Potape to dismiss the review for want of prosecution and another by the respondent and incumbent Governor Philip Undialu to vary or set aside the orders of another Supreme Court that ordered for the review book to be ready by last month, that is October 28. 
Lawyers for the parties, Paul Othas for Francis Potape, Gileng Goiye for Governor Philip Undialu and Alice Kimbu for the Electoral Commission spent almost half a day arguing their case before Justice Berrigan. 
Mr Othas submitted that the applicants had failed to comply with a Supreme Court order made on October 14 for the review book to be ready by October 28. 
“It is not only non-compliance of the rules but of a court order, they have no evidence to show compliance, filing and service as per the order nor have they set aside, varied or discharged the orders of the 14th…. The review must be dismissed for want of prosecution.” 
Goiye and Kimbu in rebuttal argued that there was no deliberate delay on their part and that the orders by the Supreme Court on October 14 were taken out on an exparte basis. They also highlighted to the court that there was another Supreme Court review involving the same parties that is awaiting a decision for amalgamation and a transcript that must be included in the review book. 
And in their application to vary and set aside the October 14 orders, Goiye submitted that the court had powers to do that and also make an additional order for the court reporting section to provide the transcript of the leave application before the Chief Justice.

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