An election petition against the Minister of Health and Medical Service and the MP for North Guadalcanal Dr Paul Popora Bosawai has been struck out by the high court today.
The oral ruling of the case was made by Justice Maelyn Bird, confirming the strike out with the full delivery of her decision to be made in the court tomorrow.
Former MP for North Guadalcanal Samson Maneka filed the petition accusing Dr Bosawai of election bribery. He filed 15 allegations of bribery claims.
But Bosawai’s lawyer Wilson Rano has applied to the high court to strike out the petition mainly on the grounds on improper service and petition grounds not sufficient for trial.
In his submission, Rano stated that it is undisputed that the Petitioner had failed to serve the Petition within the 14 days as prescribed under Rule 16. He pointed out that this was clear from their application and sworn statement of Maneka filed in support of his application.
Rano argued in his submission for strike out, highlighting that the following facts is undisputed and clear:
– The Petition was filed on 27 May 2024.
– The time limitation expired on 9 June 2024.
-The Petition was given to the First Respondent on 10 June 2024 which was a day after the period expired.
He argued that the most important point is that the petition was given to the First Respondent inside the premises of the National Parliament building in contravention of the Parliamentary Privilege of which the First Respondent, being a member of Parliament, is clothed with. He disputed that Service of court documents within the premise of parliament irrespective of whether.
Rano also disputed the 15 allegations and detailed his clients’ responses to the claims.
Justice Baird will deliver her full judgement tomorrow.
Dr Bosawai is amongst 26 other MPs who are facing election petitions following the April Joint Elections.