HIGH Court judge Justice Howard Lawry has dismissed the election petition case filed against the Member of Parliament for Northwest Guadalcanal, Francis Sade.
The petition was struck out due to non-compliance with Rule 6 (1) (e) of the Electoral Act Petition Rules 2019, a mandatory requirement that the petitioner must adhere to.
This rule outlines the essential components that an election petition must include.
Specifically, Rule 6(1) of the Electoral Act Petition Rules 2019 states that an election petition shall:
(a) state the right of the petitioner to petition;
(b) state the holding and result of the election;
(c) briefly state the facts and grounds relied on to sustain the orders sought;
(d) include a statement of the address within the jurisdiction for service of the petitioner, and the contact details of the petitioner, or of his advocate or agent; and
(e) clearly identify the respondent or respondents to the petition together with their usual or last known address.
The amended election petition filed by former MP Bodo Dettke on 13 August 2024 failed to comply with this rule, leading to its dismissal.
MP Sade, on 11 February, filed a fresh application to strike out the amended election petition, which was heard on 13 February.
In October last year, the High Court refused to strike out or dismiss the amended petition.
At the time, MP Sade, in his submission for the strikeout of the petition, argued that the petition was frivolous, vexatious and scandalous, lacking sufficient evidence to meet the required standard to proceed to trial.
However, Justice Lawry ruled that the statement listed in the petition was sufficient to proceed to trial.
The trial was set down to start yesterday afternoon, but the ruling on the fresh application to strike out the petition was delivered yesterday morning.
Mr Dettke filed the petition after he was not re-elected in the last National General Election on 17 April 2024.
Initially, Mr Dettke and his lawyer Gabriel Suri of Suri’s Law Practice filed the petition on one count of Interfering with Voting, one count of Undue influence and three counts of Bribery.
However, they later withdrew some of the counts, leaving only one count of Bribery and one count of Interfering with Voting.
The petitioner also included Electoral Commissioner Officers – a Returning Officer and a Presiding Officer – as the Second Respondent and Third Respondent in this petition.
Walter Rotumana from the Rano & Company represented MP Sade.
MP Sade is the Minister for Public Service.
By ASSUMPTA BUCHANAN
Solomon Star, Honiara
