Dismissed MP granted leave to review election decision

SUPREME Court yesterday granted leave to recently dismissed Kundiawa-Gembogl MP Mugua Dilu to review the decision that nullified his election.
Justice Colin Makail presiding at Waigani ruled that there were errors in law made in the National Court’s decision to nullify the election and ordering a recount.
Justice Makail said there was an arguable case as the National Court failed to make its findings on a specific number of votes that affected the election result.
“National Court ruled for the election of Kundiawa-Gembogl to be null and void based on estimated figures,” he added.
He said the National Court’s orders made on June 6, arose from confusion of matters that was put before the court.
“A recount was ordered with specific orders. Order to move ballot papers within 14 days and counting in 30 days,” Justice Makail said.
He added leave was granted based on Dilu’s proposed appeal grounds.
Dilu’s grounds for appeal, among others were that William Onglo’s petition mixed the pleadings, that the National Court went out of what was before the court in ordering recount and nullifying his election.
His other proposed grounds of appeal where that the close circuit television footage from the counting room used as evidence in the trial was not tendered to the court according to the law. All these grounds would be reviewed in the substantive hearing.
Justice Makail ordered for Dilu to file the application for review in the next 14 days and set the hearing of stay application to Monday (July 8).
Meanwhile, there is no order staying the June 6 court order.