BY TONY SII
Two election petitions disputing the 2017 Madang Regional election results will be stayed if the National Court decides on Friday to refer constitutional questions to the Supreme Court for interpretation.
The election result is challenged by unsuccessful candidate James Yali.
The referral was sought last week by the Electoral Commission and current Governor Peter Yama in the petition by another unsuccessful candidate Jerry Singirok.
Judge Justice Colin Makail told the defendants’ lawyers to prepare the constitutional questions and facts that should be submitted to him before Friday.
He said if he rules against the referral, Mr Singirok’s petition would proceed to trial slated for February 8 and 9, while Mr Yali’s related petition that alleges errors and omissions by the Electoral Commission officials at the counting during polling will continue to the pretrial conference.
Mr Singirok disputed Mr Yama’s election on the grounds that Mr Yali was not qualified but the Electoral Commission allowed him to nominate and contest the election under section 50 (1) (a) of the Constitution and thus he contaminated the votes.
Mr Yama’s lawyers and the Electoral Commission said according to that clause a person can contest the election unless he or she is under sentence of death or imprisonment for more than nine months.
They said the issue was for the Supreme Court to determine whether that provision also refers to a person on parole.
At the time Mr Yali nominated on April 27, 2017, he was on parole after being convicted and jailed for rape.
However, Mr Singirok’s lawyer said being on parole did not mean sentence had expired and on the grounds for disqualification existed before the nomination.
Mr Yali was released from parole last December.