Kanage’s plea refused

By CLARISSA MOI
THE National Court in Waigani has refused to grant an order sought by Madang provincial candidate and comedian Alphonse Dirau Kanage to stop the returning of the seat’s writ.
Judge David Cannings yesterday ruled that there was evidence filed by provincial returning officer Sponsa Navi that the writ was returned to the Electoral Commissioner Simon Sinai on Friday which was then delivered to Governor-General Sir Bob Dadae the same day.
Justice Cannings acknowledged the significance of the issues and breach of human rights which were claimed by Dirau, however, he said that a Constitutional process had taken place and the proper avenue was to bring this as an election petition.
Dirau filed a notice of motion on Aug 20 asking the court to stop Sinai and his officials which included the RO and the election manager from returning the writ for the Madang provincial seat.
It also sought to declare the general election for the seat as failed.
He further claimed that there were breaches of human rights during the electoral process which included breaching of his rights to vote and stand for public office, freedom of movement and freedom of information among others.
Diarau alleged that there was an increase in the number of police personnel in the counting venues for the provincial seat.
Also, that Northern divisional Commander Peter Guinness had allegedly supervised counting in Madang.
He claimed that counting venues had been blocked and complaints had been raised but there was no response from Sinai or his officials.
Representing Sinai and State, Solicitor-General Tauvasa Tanuvasa presented an affidavit by Navi to the court as evidence that Ramsey Pariwa had been elected and declared as the governor on Thursday and the writ was returned on Friday.
Tanuvasa submitted that the application had nothing against the EC but police.
“It is an attempt to interrupt a constitutional process,” he said.