Election Petition against West New Britain Governor Muthuvel dismissed

Election Petition Against West New Britain Governor Muthuvel Dismissed [Parliament Photo]

An election petition case filed against West New Britain Governor Sasindran Muthuvel was dismissed by the National Court in Waigani yesterday.
It was dismissed for want of compliance by petitioner Gari Baki, after he failed to comply with a Court order of December 19th, 2022.
The Court order was for petitioner Mr. Baki to forward to the respondents (Mr. Muthuvel and the PNG Electoral Commission) a draft statement of agreed and disputed facts and legal issues for trial by January 3rd, 2023.
Justice Joseph Yagi upheld Mr. Muthuvel’s application to dismiss the petition and ruled that the petitioner failed to comply with this order and did not forward a draft statement to the respondents by the said date.

---

Justice Yagi ruled that the petitioner did not file any affidavit providing an explanation for the default in not complying with the Court order. 
His lawyer endeavoured to explain over the bar table that the default was due to his inability to renew his practicing certificate in respect to his right to practice as lawyer for the year 2023. 
Justice Yagi stated that negligence by a lawyer has been held by the Court not to be a good reason or explanation. 
The Court ruled that it cannot be denied that the default means unnecessary delay and procrastination towards the hearing of the petition. 
Justice Yagi said justice is a two-way sword - it serves the interest of the petitioner and the interest of respondents.
The petitioner's interest is having his petition heard as soon as possible. 
The respondent's interest is also having the petition heard and concluded expeditiously.
The Court in dismissing the petition ruled that the petitioner has not provided any reasonable explanation for disobeying and disrespecting a court order.
​
NBC News / PNGfacts

Also read

• Port Moresby Police Chief Calls On City Residents To Stop Ethnic Clashes
  

• PNG Government Machinery Designed To Operate Even When The Prime Minister Is Away: Marape

• BSP Welcomes Forex Relief By PNG Government