The Court of Disputed Returns for Namatanai Open Electorate between Byron Chan and Walter Schnaubelt has been dismissed for being incompetent.
Justice Terence Foulds handed down the decision this afternoon in Kavieng.
The first respondent’s Lawyer, Mr Keith Iduhu of Fairfax Legal argued that the case cannot proceed as it is incompetent due to the nature of the pleadings that needed to be in compliance with section 208 of the Organic Law on the National and Local Level Government Elections.
They argued that the allegation of the “balus vote” was not an illegal practice as contemplated by section 178 of the Organic Law and the Criminal Code.
A smiling Walter Schnaubelt was greeted as supporters waited for him outside the court premises.
