Former Dei MP seeks dismissal of review application

By GEORGINA KOREI
FORMER Dei MP Wesley Nukunj has asked the Supreme Court to dismiss the leave to review application filed by Electoral Commissioner Simon Sinai.
Nukunj’s lawyer, Ismael Opahi, through his submissions at the Supreme Court in Waigani on Thursday, informed the Court that Sinai and his lawyer had filed the leave for review past the required 14-day period after the National Court ordered for a by-election on Feb 7.
“The Electoral Commissioner failed to file the application for leave to review after the 14-day period and so I would ask the court to consider it defective and dismiss the application,” he said.
It was further submitted that the trial judge did not err in law and fact when he found the ballot boxes and contents should have been directed into scrutiny by Sinai.
“The trial judge did not err in law and fact when he found that 2,006 votes were cast at Klenembo ward three as evidence at trial, because the ballot boxes for the said ward were never admitted into scrutiny as directed by the Electoral Commission,” Opahi said.
However, Sinai’s lawyer argued that there was no breach of the Organic Law on the National and Local Level Government Election (OLNLLGE) on the part of his client.
Sinai’s lawyer said because of this, leave for review should be granted to his client.
Judge Derrick Hartshorn who presided over the case in the Supreme Court said he had considered all the submissions made by both parties and would hand down a decision at a later date.
On Feb 7, Judge Allen Kingsley David in the National Court in Waigani ordered a by-election for Dei Open after a full completion of trial.