A slip rule application regarding an election petition filed by Koroba Kopiago MP Philip Undialu against Hela Governor Francis Potape, will be tried in a separate court proceeding, according to presiding judge, Justice Collin Makail.
This will give time for the applicant’s lawyer to seek evidence from the Electoral Commission to determine electoral boundaries, to sustain affidavits of Epale Pale challenging a previous court ruling.
The slip rule application filed by Koroba Kopiago MP, Philip Undialu, against Hela Governor, Francis Potape, was reference to order 8 rule 59 of the National Court Rules.
Gileng lawyer for the applicant filed the application to revisit a previous National Court decision which quashed an election petition against first defendant Francis Potape who was represented by Ame lawyers.
Mr Gileng submitted that the court has erred in handing down the decision which ruled against his client though there are sufficient evidences to sustain the facts including affidavits of one Epale Pape.
Gileng told the court that Epale was the Election Manager who declared Potape as Hela Governor, is from the Mt Bosavi area in the Southern Highlands Province, and not a member of the Hela Provincial Assembly.
However, Mr Ame told the court that the notice of motion was not served to his client and therefore there were no submissions filed to proceed in this court.
Justice Collin Makail ordered the applicant lawyer to engage the Electoral Commission in separate proceeding to determine boundaries of Mt Bosavi, where Epale is from, and serve a notice of motion to the defendant in Tari.
The court also ordered to withdraw this application and the legal fees of defense lawyer to be meet by the applicant.
