Dawa Lucas Dekena

Gumine petition thrown out

The petition was stopped from progressing to trial hearing at the Waigani National Court and dismissed because certain requirements were not met by Dekena when he filed the petition.

Dekena disputed Nick Kuman’s election as Gumine MP on allegations there was illegal practice at Keru village, acts of undue influence and errors and omission, illegal marking of ballot papers and the illegal declaration of Kuman by the use an illegal writ.

Kuman asks court to dismiss petition

His lawyer yesterday asked the court to dismiss the petition on the basis it is incompetent.

He submitted before Justice Derek Hartshorn that the petition failed to comply with the five mandatory requirement stated in section 208 of the Organic Law.

This is for the petitioner to set out the facts that the court must rely on to invalidate the election, specify relief sought, be signed by the candidate or a qualified voter, be attested by two witnesses whose  occupation and address are stated and be filed at the courthouse within 40 days after the declaration of the result.

VIDEO: Gumine case dismissed

The case returned to court today where a ruling was handed down by Justice Collin Makail on the two applications that lawyers representing Dekena and Kuman asked the court on August 15. 

 

Sally Pokiton with more 

Gumine case dismissed

This was the Waigani National Court’s ruling today on the case surrounding the legal declaration of the Gumine seat in Simbu Province.

The case returned to court today where a ruling was handed down by Justice Collin Makail on the two applications that were moved on August 15, by lawyers representing Gumine MP, Nick Kuman, and Dawa Lucas Dekena.  

Dekena’s lawyer asked the court to restrain Kuman from attending the second parliament sitting, which is tomorrow. At the same time, Kuman’s lawyer also asked the court to dismiss the case, citing an abuse of the court process.

Court reserves ruling on Gumine case

Presiding judge, Justice Collin Makail this afternoon heard the two applications that was moved by lawyers representing Dawa Lucas Dekena and Nick Kuman.

The case returned following the restraining orders that were issued on Aug 2, stopping Kuman from making the declaration of office taking part in the election of the Speaker and Prime Minister.

However, the restraining orders were not served in time to the Speaker and Clerk of Parliament, in order for it to take effect against Kuman.

The orders were issued at 11:50am, Kuman made declaration at 12:03pm

Dekena seeks to restrain Kuman

This time, lawyers representing Dawa Lucas Dekena are asking the court to restrain Nick Kuman from attending the second parliament sitting or carrying out the functions and duties as member for the electorate.

On the morning of Aug 2, the National Court granted orders sought by Dekena, restraining Kuman from making the declaration of office in Parliament.

However, the restraining orders were not served in time to the speaker and clerk of parliament.

The orders were issued at 11:50am, Kuman made declaration at 12:03pm.

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Gamato comes clear on using deceased’s name

Gamato said it was misquotation on their part.

He said the Electoral Commission is now working on a media statement to correct the name of the returning officer and will retract his statement.

Gamato’s misquotation has however, resulted in a court order that is currently in place, preventing both Nick Kuman and Lukas Dekena from participating in parliament until the case is determined.