An application to dismiss a Motion for failure to comply with Court Orders filed against Tari Pori MP, James Marape has been refused by the Waigani National Court.
Marape’s lawyer submitted that the court orders to Serve and File affidavits on his client were not executed on time, and asked the court to dismiss the motion.
However, the court decided otherwise, after an objection from the plaintiff revealed that there were attempts made to submit the court documents.
The matter went before Justice Colin Makail at the Court of Disputed Returns.
Parties involved in this matter, include losing candidate Jonny Pakaya as the plaintiff, Tari Pori MP James Marape as the First Respondent and Electoral Commission as the Second Respondent.
This case is in relation to allegations of bribery during the conduct of the 2017 National Election in the Southern Highlands province.
What transpired in court this morning, was Marape’s lawyer asking the court to dismiss the case on grounds that the petitioner, failed to file and serve the affidavits within the given time frame.
However, Pakaya’s lawyer told the court, some of the affidavits were collected and they went to the office of Marape’s lawyer but it was closed and they did not serve the documents on October 18, which was the last day of service.
Pakaya’s lawyer also informed the court that they did go back to the office on October 19 to serve the documents; however, the documents were not accepted.
The court then rejected the application to dismiss the motion after it heard that there were attempts made to serve and file the affidavits.
The matter returns to court for further directions on November 6.
