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Court Refuses Potape’s Application


By Vasinatta Yama – EM TV News, Port Moresby

The Waigani National Court has refused Komo-Magarima MP, Francis Potape’s application to dismiss the proceedings between him and Hela Governor, Anderson Agiru, for the governor’s seat.

On December 22, 2015, Potape and Hela Provincial Assembly members held a no confidence vote against Agiru, and elected Potape as the Governor.

However, Agiru was then reinstated in a court decision in January, pending the hearing of the substantive matter.

Justice Ere Kariko refused the application on the grounds that the majority of issues raised by Potape were found to be misconceived.

There were six issues that Potape raised to dismiss the proceeding.

However, Justice Kariko ruled that the issues were not relevant.

The proceeding was for the court to decide on the legality of the appointment of Potape as the Hela Governor, by the assembly.

The matter was first heard in court in December, 2015.

After a number of cases were heard at the national level, the National Court Judge, Justice Derek Hartshorn, reinstated Agiru.

Meanwhile, the hearing of the matter has been adjourned to March 17.

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