Justice Stephen Kassman today warned lawyer representing the Electoral Commission for failing to publicly announce the date and time for the recounting of the Kandep Open seat.
Justice Kassman said this had prompted Open Member, Don Polye, to file an urgent stay application, based on assumptions.
He has listed the matter for hearing next week Monday on two urgent applications filed by Polye to stay the recount.
Justice Kassman has warned that the uncertainty of when the recounting will start had forced Polye to file urgent applications for a stay.
He said the Chief Electoral Commissioner needs to announce publicly for the people of Kandep to be aware of the timing of the recounting, and also it must be made known to the parties involved, which are Don Polye, his runner-up in the 2012 National Election who filed the Election Petition case, Alfred Manase, and the Electoral Commission.
The recounting of the ballot boxes was a standing order by the Supreme Court on September 6, by a three-man bench.
The Judges, Justice Allan David, Justice Frazer Pitpit, and Justice Jacinta Murray had ordered for a recount within 30 days.
The lawyer representing the Electoral Commission told Justice Kassman this morning that the recounting will start tomorrow.
He said a proper notice was not given out earlier to the public and the parties because they still have until 14 days to execute the order.
Justice Kassman set the hearing date of the Slip rule and stay order applications to Monday and ordered for the results of the recounting to be brought back to the Court for ratification and declaration.
