Posted By Staff Reporter
THE recent declaration of Nixon Duban as Madang MP by the Madang National Court will be further challenged in the higher court by Madang businessman and runner-up Peter Yama.
The court ordered re-count of the Madang by-election as a result of a successful petition by Mr Yama again saw Mr Duban declared winner by 15,002 votes. Mr Yama polled 13,557 votes while Bryan Kramer came third with 9,847 votes.
However, the outcome of reports on the re-count did not go down well with Mr Yama who said at the weekend that he was seeking to challenge the entire declaration.
Mr Yama has instructed his lawyer Nickson Kiuk, principal of Nikiuma Lawyers to file an appeal against the declaration before the Supreme Court as he felt that the final reports presented at the court last week were somewhat incomplete.
Mr Yama said he would dispute the two reports prepared and submitted by the returning officer Simon Sinai and assistant court registrar Baka Bina at the higher courts.
He said Mr Sinai and Mr Bina failed to provide the copy of the reports to him and his lawyers prior to the court sitting and to him, such conducts were improper and amount to bias.
He also said that the reports should have contained all the records of the results of the counts and particulars of the various stages in the scrutiny process which would include the results of the primary counts, record of the elimination, results of the elimination, and record of informal and exhausted ballot papers.
Mr Yama said important part of the record should contain the results of each court both primary and the exclusions (eliminations).
"Those records should be posted accordingly in Form 66A and Form 66B which are records of the primary count and the exclusions. It is on the basis of these records that the court does the ratification of the results leading to the final declaration,"Mr Yama said. He said in this case, he felt that the report was not properly furnished before it was presented to court and he would challenge the report and those that prepared the report.
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