A Papua New Guinea MP, Peter Isoaimo, who had been ousted by the National Court in an alleged bribery case, has been reinstated by the Supreme Court on appeal.

A three-member Supreme Court bench found that the National Court had erred in finding that Kairuku MP Isoaimo had committed bribery and ousting him in a Court of Disputed Returns trial in June last year.

The National Court judge, Justice Teresa Berrigan, then ordered a byelection. However, this was overturned last Friday on appeal.

Outside court, Isoaimo’s lawyer George Kult confirmed that Isoaimo can now return to Parliament and continue serving the people of Kairuku district in Central province.

Justice Susan Purdon-Sully handed down the decision on behalf of the two other judges, Panuel Mogish and Jacinta Murray. She said the earlier decision by Justice Teresa Berrigan last year had been quashed.

The three-member bench found that the petition had a “pleading deficiency” in that the bribery was done with the knowledge and authority of Isoaimo and that he had aided his campaign coordinator Maso Makuri in committing the offence.

They found that the petitioner, Paru Aihi, had failed to notify Isoaimo of the facts of the allegation which he could have responded to. They upheld Isoaimo’s appeal in that Justice Berrigan erred on mixed law and fact.

‘Basic yet fundamental’
“Pleadings draw evidence which is the most basic yet fundamental feature of a petition,” Justice Sully read.

“Where an allegation is serious in nature the onus is on the petitioner to prove to the entire satisfaction of the court.”

The judges found that the failure to plead facts of the allegation contravened section 208 (a) of the Organic Law on National and Local Level Government Elections.

Outside court, a teary-eyed Isoaimo said it had been embarrassing to deal with the wrong National Court decision which had then “seemed like the truth”.

However, he said his two decades of reputation built through parliamentary leadership had gained him loyal supporters.

“I am thankful for my supporters, now it’s time to get back to work as we have a lot to do,” he said.

Isoaimo is a member of the National Alliance and will bolster the NA’s ranks in government.

Melyne Baroi is a PNG Post-Courier reporter. Republished with permission.

Article by AsiaPacificReport.nz

The struggle to decide Samoa’s government is headed back to court, as both main political parties continue to stand firm on their beliefs following a Supreme Court ruling dismissing a call for a second election.

The Supreme Court yesterday threw out the Head of State’s move toward a second election to break a post-election stand-off where neither major party had formed a majority.

A move by the Electoral Commission to add an appointed women’s seat, awarded to the incumbent Human Rights Protection Party (HRPP), was also thrown out.

In a brief televised statement following the ruling, the leader of the Faatuatua I le Atua Samoa ua Tasi (FAST) party, Fiame Naomi Mata’afa, called on the Clerk of Parliament to convene a sitting of the House so members can be sworn in and a new government formed under her leadership – “as the Prime Minister elect” – to carry out the business of governing.

Fiame said that the rule of law had prevailed.

“We now have answers to our cries for relief, the Supreme Court has now pronounced the law. We must now obey and act in accordance with the law,” she said.

Fiame also called on all public servants, including all heads of ministries and government organisations, to carry out their duties “independently and impartially”.

HRPP remains in power
Caretaker Prime Minister Tuilaepa Sa’ilele Malielegaoi said his government would remain in power and carry on the business of governing until all election related matters before the courts were dealt with.

Caretaker Prime Minister Tuilaepa Sa’ilele Malielegaoi versus leader of the FAST party Fiame Naomi Mata’afa … 75 petition cases mean power struggle will drag on in courts. Image: Tipi Autagavaia/RNZ Pacific

In a televised broadcast on Monday evening, Tuilaepa told the country there would be an appeal against the Supreme Court’s ruling against the decisions taken by the Head of State and the Electoral Commissioner.

Tuilaepa, head of the HRPP, said the verdict on the decision to invoke the additional women’s seat in the House had not dealt with the main issue at hand.

“For these reasons, these decisions will be appealed,” he said.

The unanimous verdict reached by a panel of justices of the Supreme Court on Monday now gives the Faatuatua ile Atua Samoa ua Tasi (F.A.S.T.) party the majority to form Government with 26 seats to their rivals, the Human Rights Protection Party’s 25. https://t.co/N8GenKD48a

— FAST_Party (@fastparty_ws) May 17, 2021

According to Tuilaepa, 28 election petitions were filed after the elections as well as 28 counter suits, and all needed to be dealt with by the courts.

He also revealed 19 more cases had been filed last Friday by HRPP against the FAST party.

“That is 75 cases, and these include criminal charges against their leaders,” he said.

Petitions go ahead
Tuilaepa said the election petitions would go ahead, and there would be many by-elections called in the weeks to come.

He pointed out that would drag the process further, but that his government had offered the best way forward by accepting the Head of State’s call for fresh elections.

He also revealed that HRPP lawyers had offered to drop all election petitions and head to new elections, but that had been rejected by FAST lawyers.

“So we will now continue with these cases,” he said.

It is not clear when the petitions will start to be heard in the Supreme Court, but Chief Justice Satiu Simativa Perese two weeks ago told lawyers handling the cases to prepare for the hearings.

This article is republished under a community partnership agreement with RNZ.

Article by AsiaPacificReport.nz