THE petition case filed against the Member of Parliament for Baegu-Asifola, Tagini Makario will be going through a trial.
This was after Judge Howard Lawry refused to strike out the petition in respect of seven election bribery offences filed against the MP.
Judge Lawry, had, on the other hand dismissed three grounds of election bribery.
“The application to dismiss the petition is refused on grounds 1, 2, 3, 5, 7, 9 and 10.
“Grounds 11, 12 and 13 of the petition are dismissed,” Judge Lawry said in his ruling yesterday.
Mr Lawry said when sworn statements have been filed but there was yet to be a cross examination, the court cannot and must not determine the weight to be put on evidence at the strikeout stage.
“This matter will proceed to trial, which necessarily will be without delay.”
The petitioner Celsus Talifilu, who was a candidate for the Baegu-Asifola Constituency during the National General Election in April filed the petition against MP Makario.
Talifilu filed 13 grounds of Election Bribery but his lawyer had decided to drop three of the grounds due to insufficient evidence.
Now that Judge Lawry dismissed three grounds, only seven grounds are left to proceed for trial.
MP Makario and his lawyer filed the application to strike out the petition, challenging the pleadings on the petitions which they say is frivolous and vexatious and cannot simply sustain the case at trial.
Judge Lawry, in his ruling, said as the power to strike out a proceeding is to be sparingly used and only in obvious cases, the court is reluctant to prevent a matter to proceed to trial when it is now known what the evidence will finally be.
“There is a public interest in allowing petitions to proceed to hearing so that all relevant material is before the Court before a decision is made.
“While there are examples of payments where the proof appears to short of establishing the illegality of certain payments, the evidence should be heard so statements are not simply taken in isolation.
“Counsel for the petitioner relies on what is described as being a promise, an offer and a benefit.
“Whether the inferences that counsel asked to be drawn from the timing on the circumstances of each allegation depend on how the evidence unfolds,” Judge Lawry added.
The court heard that grounds 1, 2, 3, 5, 7 and 9 all allege payments have been made to voters by MP Makario himself and ground 10 alleges that a payment was made contrary to section 1265 of the Electoral Act by the agents of the MP.
Evan Olofia of L & L lawyers represents MP Makario, whilst private lawyer Lily Ramo represents Mr Talifilu.
By ASSUMPTA BUCHANAN
Solomon Star, Honiara
