Chuave open seat election petition

 The election petition challenge for the Chuave open seat in the Simbu province will resume in February next year when lawyers will have to address the court on the position of law regarding the passing of a petitioner.

Late Wera Mori (painting)

Petitioner Wera Mori, who is also the former MP had passed on when the election petition has progressed to the middle of it.

The court is placed in an awkward situation and Justice Lawrence Kangwia says the court would have to seek indulgence from the lawyers about this.

He said the organic law is very silent about situations like this when a petitioner passes on while an election petition is on foot.

 Following the lawyers making their applications on law whether the election petition case should proceed, the court will then hear no case submissions from lawyers.

Meanwhile lawyer for the petitioner late Wera Mori has told the court the late Wera Mori has not been laid to rest yet and his family wants the case to come to a finality and Chuave constituents should know who the real winner is.

Late Wera Mori, launching a program 

The petitioner has asked for a recount when challenging the win by Hon James Nomane.

Lawyer for Hon James Nomane has told the court there would be a lot of issues if the election petition is allowed to continue.

Among them, the lawyer cannot proceed without the absence of a petitioner who should provide instructions and counsel cannot manufacture instructions for a client.

Lawyer for Hon James Nomane has also raised issues on costs. They are concerned who would be responsible to pay for legal costs.

There will be 12 witnesses called and the trial was expected to take months.

Hon Nomane’s lawyer said its not simply a walk in the park.

The Electoral Commission lawyer  took similar stance with the incumbent MPs arguments.

The critical issue is if the relief sought by petitioner for a recount and he is successful, who then will enter Parliament when he has passed on.

These issues will be argued before the election petition court after lawyers have addressed the issue on law on what happens if the election petition is in foot and the petitioner dies.

The organic law is quite clear on when an MP passes on but not the petitioner.