By RAMCY WAMA
THE election petition between Western Highlands Governor Paias Wingti and former governor Tom Olga was adjourned to today after Mr Wingti’s lawyer, Alfred Manase, filed a notice of motion on Tuesday seeking to disqualify Judge Collin Makail from hearing the trial.
Mr Manase stated in his notice of motion that, pursuant to section 155 (4) of the Constitution, the trial Judge be disqualified from hearing the trial on the basis of apprehended bias of the Associate of the Judge’s conduct and representation made to the public. An affidavit filed by two deponents, Mathew Philip and John Mek, allegedly claim that the Judge’s Associate Charlie Markus has pre-empted the court decision. Mr Philip stated in his affidavit that Charlie Markus pre-empted that the case (between Tom Olga and Paias Wingti) that Tom Olga will definitely win.
He stated that Mr Markus said when the matter was heard in Port Moresby, Tom Olga already won three or four times and now the matter heard here on the 2nd of April 2013, where at the time of hearing my Judge (Judge Makail) will make a final decision in favour of Tom Olga.
Judge Makail was surprised as the application filed by Mr Manase was not known until he was inside the court room.
Judge Makail said that was his first time to know of the application. “I am surprised. I am here to hear the full trial of the petition and I am not aware of the application. This is something I have never come across,” he said.
Judge Makail adjourned the case to Thursday 9:30am for his Associate to respond to the allegations.
THE election petition between Western Highlands Governor Paias Wingti and former governor Tom Olga was adjourned to today after Mr Wingti’s lawyer, Alfred Manase, filed a notice of motion on Tuesday seeking to disqualify Judge Collin Makail from hearing the trial.
Mr Manase stated in his notice of motion that, pursuant to section 155 (4) of the Constitution, the trial Judge be disqualified from hearing the trial on the basis of apprehended bias of the Associate of the Judge’s conduct and representation made to the public. An affidavit filed by two deponents, Mathew Philip and John Mek, allegedly claim that the Judge’s Associate Charlie Markus has pre-empted the court decision. Mr Philip stated in his affidavit that Charlie Markus pre-empted that the case (between Tom Olga and Paias Wingti) that Tom Olga will definitely win.
He stated that Mr Markus said when the matter was heard in Port Moresby, Tom Olga already won three or four times and now the matter heard here on the 2nd of April 2013, where at the time of hearing my Judge (Judge Makail) will make a final decision in favour of Tom Olga.
Judge Makail was surprised as the application filed by Mr Manase was not known until he was inside the court room.
Judge Makail said that was his first time to know of the application. “I am surprised. I am here to hear the full trial of the petition and I am not aware of the application. This is something I have never come across,” he said.
Judge Makail adjourned the case to Thursday 9:30am for his Associate to respond to the allegations.
No comments:
Post a Comment