BY NELLIE SETEPANO
Blogger Martyn Namarong has been restrained by the National Court from further publishing defamatory remarks against the Electoral Commissioner Patilias Gamato on social media.
The Waigani National Court on Wednesday granted orders sought to Mr Gamato after his lawyer made an urgent application before Justice Collin Makail.
The application was heard in ex-parte as Namarong was not present and could not be located to be served his documents. It is alleged that Namarong had made defamatory remarks on social media associating Mr Gamato with a fruit.
Justice Makail granted the application and allowed for the serve of the orders to be published in the two daily newspapers.
He ordered the matter to return to court on July 25.
Justice Makail also refused an application by a candidate for an interim injunction to put a stop to the counting of 32 boxes from Koroba-Lake Kopiago electorate in Hela Province.
Instead, he asked the candidate’s lawyer to visit the Organic Law on National and Local Level Government Elections section 153 (a) that relates to excluding ballot box from scrutiny.
Subject to this section, the returning officer may refuse to admit to scrutiny a ballot box containing marked ballot boxes which he is of the opinion that:
the votes in it were not lawfully cast; or
the ballot boxes were tampered with and the integrity of the votes in it were compromised.
Justice Makail refused the Electoral Commission lawyer’s application and adjourned the matter to July 17 for mention.
In another case on Wednesday a candidate contesting the Ialibu-Pangia made an urgent application in the National Court to seek leave for judicial review and interim orders to stop counting and stop declaration for the Ialibu-Pangia seat.
Candidate Justus Nambu Rapila argument relates to section 130 (a) of the Organic Law on National and Local Level Government Elections which opposes voting on Sunday.
The case was adjourned to next Tuesday to allow time for the judge to be informed well.